CELEX: C2004/085/08
Language: en
Date: 2004-04-03 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 5 February 2004 in Case C-380/01 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Gustav Schneider v Bundesminister für Justiz (Directive 76/207/EEC — Equal treatment for men and women — Promotion — Principle of effective control by the courts — Inadmissibility)

C 85/6                   EN                          Official Journal of the European Union                                              3.4.2004
                 JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                         (Second Chamber)
                                                                                                        (Fifth Chamber)
                        of 12 February 2004
                                                                                                      of 5 February 2004
in Case C-337/01 (Reference for a preliminary ruling
from the Bundesfinanzhof): Hamann International GmbH
  Spedition + Logistik v Hauptzollamt Hamburg-Stadt (1)                      in Case C-380/01 (Reference for a preliminary ruling
                                                                             from the Verwaltungsgerichtshof): Gustav Schneider v
                                                                                               Bundesminister für Justiz (1)
(Community Customs Code — Customs debt on import —
         Removal of goods from customs supervision)
                                                                             (Directive 76/207/EEC — Equal treatment for men and
                           (2004/C 85/07)                                    women — Promotion — Principle of effective control by the
                                                                                                  courts — Inadmissibility)
                    (Language of the case: German)
                                                                                                         (2004/C 85/08)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                                                (Language of the case: German)
In Case C-337/01: Reference to the Court under Article 234
EC by the Bundesfinanzhof (Germany) for a preliminary ruling                 (Provisional translation; the definitive translation will be published
in the proceedings pending before that court between Hamann                                      in the European Court Reports)
International GmbH Spedition + Logistik and Hauptzollamt
Hamburg-Stadt, on the interpretation of Article 203(1) of
Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code (OJ 1992 L 302,
p. 1), the Court (Second Chamber), composed of: V. Skouris,
acting for the President of the Second Chamber, R. Schintgen                 In Case C-380/01: Reference to the Court under Article 234
(Rapporteur) and N. Colneric, Judges; A. Tizzano, Advocate                   EC by the Verwaltungsgerichtshof (Austria) for a preliminary
General; M.-F. Contet, Principal Administrator, for the Regis-               ruling in the proceedings pending before that court between
trar, has given a judgment on 12 February 2004, in which it                  Gustav Schneider and Bundesminister für Justiz, on the
has ruled:                                                                   interpretation of Council Directive 76/207/EEC of 9 February
                                                                             1976 on the implementation of the principle of equal treat-
                                                                             ment for men and women as regards access to employment,
Article 203(1) of Council Regulation (EEC) No 2913/92 of                     vocational training and promotion, and working conditions
12 October 1992 establishing the Community Customs Code is to                (OJ 1976 L 39, p. 40), the Court (Fifth Chamber), composed
be interpreted as meaning that there is removal from customs                 of: P. Jann, acting for the President of the Fifth Chamber,
supervision for the purposes of that provision when, before the entry        C. W. A. Timmermans (Rapporteur) and A. Rosas, Judges;
into force of Commission Regulation (EC) No 993/2001 of 4 May                S. Alber, Advocate General; M.-F. Contet, Principal Adminis-
2001 amending Regulation (EEC) No 2454/93 laying down                        trator, for the Registrar, has given a judgment on 5 February
provisions for the implementation of Regulation No 2913/92, non-             2004, in which it has ruled:
Community goods which were subject to the customs warehousing
procedure and intended for re-export from the customs territory of the
Community have been removed and transported from the customs
warehouse to the customs office at the point of exit without having          The reference for a preliminary ruling submitted by the Verwaltungs-
been placed under the external transit procedure and the customs             gerichtshof by order of 13 September 2001 is inadmissible.
authorities have been unable, if only for a short time, to ensure
customs supervision of those goods.
                                                                             (1) OJ C 348 of 8.12.2001.
(1) OJ C 348 of 8.12.2001.