CELEX: C1998/397/16
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 29 October 1998 in Case C-375/96 (reference for a preliminary ruling from the Pretura Circondariale di Treviso, Sezione Distaccata di Conegliano): Galileo Zaninotto v. Ispettorato Centrale Repressione Frodi - Ufficio di Conegliano - Ministero delle Risorse Agricole, Alimentari e Forestali (Agriculture - Common organisation of the agricultural markets - Market in wine - Compulsory distillation scheme)

C 397/10             EN                 Official Journal of the European Communities                                     19.12.98
Regulation (EEC) No 1612/68 of 15 October 1968 on                           employed persons and to members of their families
freedom of movement for workers within the Community                        moving within the Community;
(OJ, English Special Edition 1968(II), p. 475), Article 7 of
Commission Regulation (EEC) No 1251/70 of 29 June
1970 on the right of workers to remain in the territory of
a Member State after having been employed in that State            2. Orders the Hellenic Republic to pay the costs.
(OJ, English Special Edition 1970(II), p. 402), Article 7 of
Council Directive 75/34/EEC of 17 December 1974
concerning the right of nationals of a Member State to             (1) OJ C 247, 24.8.1996.
remain in the territory of another Member State after
having pursued therein an activity in a self-employed
capacity (OJ L 14, 20.1.1975, p. 10) and Article 3 of
Council Regulation (EEC) No 1408/71 od 14 June 1971
on the application of social security schemes to employed
persons, to self-employed persons and to members of their
families moving within the Community (consolidated
version, OJ C 325, 10.12.1992, p. 1) Ð the Court (Fifth                           JUDGMENT OF THE COURT
Chamber), composed of: J.-P. Puissochet, President of the
Chamber, P. Jann (Rapporteur), J. C. Moitinho de                                          (Fifth Chamber)
Almeida, C. Gulmann and M. Wathelet, Judges; S. Alber,
Advocate-General; L. Hewlett, Administrator, for the                                    of 29 October 1998
Registrar, has given a judgment on 29 October 1998, in             in Case C-375/96 (reference for a preliminary ruling from
which it:                                                          the Pretura Circondariale di Treviso, Sezione Distaccata di
                                                                   Conegliano): Galileo Zaninotto v. Ispettorato Centrale
                                                                   Repressione Frodi Ð Ufficio di Conegliano Ð Ministero
                                                                          delle Risorse Agricole, Alimentari e Forestali (1)
1. Declares that, by precluding by regulation or
    administrative practice on the grounds of their                (Agriculture Ð Common organisation of the agricultural
    nationality employed of self-employed workers from             markets Ð Market in wine Ð Compulsory distillation
    other Member States and the members of their families                                      scheme)
    from being attributed large-family status for the
    purpose of the award of special benefits for such                                       (98/C 397/16)
    families and from being awarded family allowances,
    the Hellenic Republic has failed to fulfil its obligations
    under:
                                                                                   (Language of the case: Italian)
    Ð Articles 48 and 52 of the EC Treaty;
                                                                     (Provisional translation; the definitive translation will be
                                                                             published in the European Court Reports)
    Ð Article 7 of Council Regulation (EEC) No 1612/
        68 of 15 October 1968 on freedom of movement
        for workers within the Community;
                                                                   In Case C-375/96: reference to the Court under Article 177
                                                                   of the EC Treaty from the Pretura Circondariale di
                                                                   Treviso, Sezione Distaccata di Conegliano (District
    Ð Article 7 of Commission Regulation (EEC)                     Magistrates' Court, Treviso, Conegliano Division), Italy,
        No 1251/70 of 29 June 1970 on the right of                 for a preliminary ruling in the proceedings pending before
        workers to remain in the territory of a Member             that court between Galileo Zaninotto and Ispettorato
        State after having been employed in that State;            Centrale Repressione Frodi Ð Ufficio di Conegliano Ð
                                                                   Ministero delle Risorse Agricole, Alimentari e Forestali
                                                                   (Conegliano Office of the Central Inspectorate for the
    Ð Article 7 of Council Directive 75/34/EEC of                  Prevention of Fraud in the Ministry of Agriculture, Food
        17 December 1974 concerning the right of                   and Forest Resources) Ð on the validity of the fourth
        nationals of a Member State to remain in the               indent of Article 1(3) of Commission Regulation (EC)
        territory of another Member State after having             No 343/94 of 15 February 1994 opening compulsory
        pursued therein an activity in a self-employed             distillation as provided for in Article 39 of Council
        capacity; and                                              Regulation (EEC) No 822/87 and derogating for the 1993/
                                                                   1994 wine year from certain detailed rules for the
                                                                   application thereof (OJ L 44, 17.2.1994, p. 9), of Article
                                                                   1(1)(c), (2) and (3) of Commission Regulation (EC)
    Ð Article 3 of Council Regulation (EEC) No 1408/               No 465/94 of 1 March 1994 fixing for the 1993/1994
        71 of 14 June 1971 on the application of social            wine year the percentages of table wine production to be
        security schemes to employed persons, to self-             delivered for compulsory distillation as provided for in
 ---pagebreak--- 19.12.98              EN                 Official Journal of the European Communities                                    C 397/11
Article 39 of Council Regulation (EEC) No 822/87, in                                 JUDGMENT OF THE COURT
Regions 3 and 6 (OJ L 58, 2.3.1994, p. 2), as amended by
                                                                                             (Fifth Chamber)
Commission Regulation (EC) No 610/94 of 18 March
1994 (OJ L 77, 19.3.1994, p. 12), of Article 39(1) and (4)                                 of 29 October 1998
of Council Regulation (EEC) No 822/87 of 16 March
1987 on the common organisation of the market in wine                      in Case C-114/97: Commission of the European
(OJ L 84, 27.3.1987, p. 1), of the fourth indent of                              Communities v. Kingdom of Spain (1)
Article 4(2) of Commission Regulation (EEC) No 441/88
                                                                    (Failure of a Member State to fulfil obligations Ð Free
of 17 February 1988 laying down detailed rules for
                                                                    movement of workers Ð Freedom of establishment Ð
applying compulsory distillation as referred to in Article 39
                                                                    Freedom to provide services Ð Private security activities
of Regulation (EEC) No 822/87 (OJ L 45, 18.2.1988,
                                                                                        Ð Nationality conditions)
p. 15), and of Article 1(1) of Commission Regulation (EC)
No 3151/94 of 21 December 1994 introducing a further                                          (98/C 397/17)
derogation from the detailed rules for the delivery by
producers of the table wine they are required to deliver for
compulsory distillation in respect of the 1993/1994 wine
                                                                                     (Language of the case: Spanish)
year (OJ L 332, 22.12.1994, p. 32) Ð the Court (Fifth
Chamber), composed of: P. Jann (Rapporteur), President
of the First Chamber, acting as President of the Fifth
Chamber, C. Gulmann, D. A. O. Edward, L. Sevón and                    (Provisional translation; the definitive translation will be
M. Wathelet, Judges; G. Cosmas, Advocate-General; D.                          published in the European Court Reports)
Louterman-Hubeau, Principal Administrator, for the
Registrar, has given a judgment on 29 October 1998, in
which it has ruled:
                                                                    In Case C-114/97: Commission of the European
                                                                    Communities (Agents: Antonio Caeiro and Fernando
                                                                    Castillo de la Torre) v. Kingdom of Spain (Agent: Santiago
Examination of the questions raised has disclosed no                Ortiz Vaamonde) Ð application for a declaration that, by
factor of such a kind as to affect the validity of:                 maintaining in force Articles 7, 8 and 10 of Law No 23/
                                                                    1992 of 30 July 1992, in so far as those provisions make
                                                                    the grant of authorisation to carry on private security
                                                                    activities, in the case of security companies, subject to the
Ð the fourth indent of Article 1(3) of Commission
                                                                    requirement of being constituted in Spain and the
    Regulation (EC) No 343/94 of 15 February 1994
                                                                    requirement that their directors and managers should
    opening compulsory distillation as provided for in
                                                                    reside in Spain and the requirement that security staff
    Article 39 of Council Regulation (EEC) No 822/87
                                                                    should possess Spanish nationality, the Kingdom of Spain
    and derogating for the 1993/1994 wine year from
                                                                    has failed to fulfil its obligations under the EC Treaty, in
    certain detailed rules for the application thereof;
                                                                    particular Articles 48, 52 and 59 Ð the Court (Fifth
                                                                    Chamber), composed of: P. Jann (Rapporteur), President
                                                                    of the First Chamber, acting as President of the Fifth
Ð Article 1(1)(c) and (2) of Commission Regulation (EC)             Chamber, J. C. Moitinho de Almeida, C. Gulmann, L.
    No 465/94 of 1 March 1994 fixing for the 1993/1994              Sevón and M. Wathelet, Judges; S. Alber, Advocate-
    wine year the percentages of table wine production to           General; R. Grass, Administrator, for the Registrar, has
    be delivered for compulsory distillation as provided            given a judgment on 29 October 1998, in which it:
    for in Article 39 of Council Regulation (EEC) No 822/
    87, in Regions 3 and 6, as amended by Commission
    Regulation (EC) No 610/94 of 18 March 1994;                     1. Declares that, by maintaining in force Articles 7, 8
                                                                         and 10 of Law No 23/1992 of 30 July 1992, in so far
                                                                         as those provisions make the grant of authorisation to
Ð Article 39(1) and (4) of Council Regulation (EEC)                      carry on private security activities, in the case of
    No 822/87 of 16 March 1987 on the common                             security companies, subject to the requirement of
    organisation of the market in wine; or                               being constituted in Spain and the requirement that
                                                                         their directors and managers should reside in Spain
                                                                         and the requirement that security staff should possess
                                                                         Spanish nationality, the Kingdom of Spain has failed
Ð the fourth indent of Article 4(2) of Commission                        to fulfil its obligations under Articles 48, 52 and 59 of
    Regulation (EEC) No 441/88 of 17 February 1988                       the EC Treaty;
    laying down detailed rules for applying compulsory
    distillation as referred to in Article 39 of Regulation
    (EEC) No 822/87.                                                2. Orders the Kingdom of Spain to pay the costs.
(1) OJ C 40, 8.2.1997.                                              (1) OJ C 166, 31.5.1997.