CELEX: C1998/166/02
Language: en
Date: 1998-05-30 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 17 March 1998 in Case C-387/96 (reference for a preliminary ruling from Svea Hovrätt): criminal proceedings against Anders Sjöberg (Social legislation relating to road transport - Exception granted for vehicles used by public authorities to provide public services which are not in competition with professional road hauliers - Obligation on the driver to carry an extract from the duty roster)

30.5.98              EN                  Official Journal of the European Communities                                       C 166/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
              JUDGMENT OF THE COURT                                  directive where it guarantees repayment of a debt
                      (Fifth Chamber)                                contracted by another person who, for his part, is acting
                                                                     within the course of his trade or profession.
                     of 17 March 1998
in Case C-45/96 (reference for a preliminary ruling from             (1) OJ C 95 of 30.3.1996.
   the Bundesgerichtshof): Bayerische Hypotheken- und
          Wechselbank AG v Edgar Dietzinger (1)
(Protection of the consumer in respect of contracts
  negotiated away from business premises Ð Guarantees)
                       (98/C 166/01)                                                JUDGMENT OF THE COURT
                                                                                            (Fifth Chamber)
              (Language of the case: German)                                               of 17 March 1998
                                                                     in Case C-387/96 (reference for a preliminary ruling from
 (Provisional translation; the definitive translation will be        Svea Hovrätt): criminal proceedings against Anders
         published in the European Court Reports)                                              Sjöberg (1)
                                                                     (Social legislation relating to road transport Ð Exception
In Case C-45/96: reference to the Court under Article 177            granted for vehicles used by public authorities to provide
of the EC Treaty by the Bundesgerichtshof (Germany) for              public services which are not in competition with
a preliminary ruling in the proceedings pending before               professional road hauliers Ð Obligation on the driver to
that court between Bayerische Hypotheken- und Wechsel-                          carry an extract from the duty roster)
bank AG and Edgar Dietzinger Ð on the interpretation of
                                                                                             (98/C 166/02)
Council Directive 85/577/EEC of 20 December 1985 to
protect the consumer in respect of contracts negotiated
away from business premises (OJ L 372 of 31.12.1985,                                (Language of the case: Swedish)
p. 31) Ð the Court (Fifth Chamber), composed of: M.
Wathelet, President of the First Chamber, acting for the               (Provisional translation; the definitive translation will be
President of the Fifth Chamber, J. C. Moitinho de                             published in the European Court Reports)
Almeida, D. A. O. Edward, P. Jann and L. Sevón
(Rapporteur), Judges; F. G. Jacobs, Advocate General;
                                                                     In Case C-387/96: reference to the Court under Article 177
H. A. Rühl, Principal Administrator, for the Registrar, has
                                                                     of the EC Treaty from Svea Hovrätt (the Svea Court of
given a judgment on 17 March 1998, in which it has
                                                                     Appeal), for a preliminary ruling in the criminal
ruled:
                                                                     proceedings pending before that court against Anders
                                                                     Sjöberg Ð on the interpretation of Articles 13 and 14 of
On a proper construction of the first indent of Article 2 of         Council Regulation (EEC) No 3820/85 of 20 December
Directive 85/577/EEC of 20 December 1985 to protect                  1985 on the harmonisation of certain social legislation
the consumer in respect of contracts negotiated away from            relating to road transport (OJ L 370 of 31.12.1985, p. 1)
business premises, a contract of guarantee concluded by a            Ð the Court (Fifth Chamber), composed of: C. Gulmann,
natural person who is not acting in the course of his trade          President of the Chamber, M. Wathelet, J. C. Moitinho de
or profession does not come within the scope of the                  Almeida, P. Jann (Rapporteur) and L. Sevón, Judges; P.
 ---pagebreak--- C 166/2               EN                  Official Journal of the European Communities                                      30.5.98
LeÂger, Advocate General; H. von Holstein, Deputy                    Fisheries and Food, ex parte Compassion in World
Registrar, for the Registrar, has given a judgment on                Farming Limited Ð on the interpretation of Articles 34
17 March 1998, in which it has ruled:                                and 36 of the EC Treaty and the validity of Council
                                                                     Directive 91/629/EEC of 19 November 1991 laying down
                                                                     minimum standards for the protection of calves (OJ L 340
1. The exception in respect of vehicles used by public               of 11.12.1991, p. 28) Ð the Court, composed of: G. C.
    authorities to provide public services which are not in          Rodríguez Iglesias, President, C. Gulmann, H.
    competition with professional road hauliers, provided            Ragnemalm, M. Wathelet (Presidents of Chambers), G. F.
    for in Article 13(1)(b) of Council Regulation (EEC)              Mancini (Rapporteur), J. C. Moitinho de Almeida, P. J. G.
    No 3820/85 of 20 December 1985 on the                            Kapteyn, J. L. Murray, D. A. O. Edward, J.-P. Puissochet,
    harmonisation of certain social legislation relating to          G. Hirsch, P. Jann and L. Sevón, Judges; P. LeÂger,
    road transport, does not apply to vehicles belonging to          Advocate General; L. Hewlett, Administrator, for the
    an undertaking which is wholly owned by a public                 Registrar, has given a judgment on 19 March 1998, in
    authority and which operates a public passenger                  which it has ruled:
    service under a contract granting it an exclusive right
    for a specified period following a call for competing
    tenders.                                                         1. Consideration of Council Directive 91/629/EEC of
                                                                         19 November 1991 laying down minimum standards
                                                                         for the protection of calves has disclosed no factor of
                                                                         such a kind as to affect its validity.
2. The requirement in Article 14(5) of Regulation (EEC)
    No 3820/85, that each driver assigned to a service
    referred to in Article 14(1) must carry an extract from          2. A Member State which has implemented the 1988
    the duty roster and a copy of the service timetable, is              Recommendation concerning Cattle, drawn up to
    not satisfied where the extract from the duty roster                 apply the principles of the European Convention on
    relates only to the day on which it is checked.                      the Protection of Animals kept for Farming Purposes,
                                                                         cannot rely on Article 36 of the EC Treaty and, in
(1) OJ C 26 of 25.1.1997.                                                particular, on the grounds of public morality, public
                                                                         policy or the protection of the health or life of animals
                                                                         laid down in that article, in order to justify restrictions
                                                                         on the export of live calves with a view to preventing
                                                                         those calves from being reared in the veal crate
                                                                         systems used in other Member States which have
                                                                         implemented Directive 91/629/EEC but which do not
                                                                         apply that recommendation.
              JUDGMENT OF THE COURT
                      of 19 March 1998                               (1) OJ C 46 of 17.2.1996.
in Case C-1/96 (reference for a preliminary ruling from
the High Court of Justice, Queen's Bench Division): The
Queen v Minister of Agriculture, Fisheries and Food, ex
      parte Compassion in World Farming Limited (1)
(Articles 34 and 36 of the EC Treaty Ð Directive 91/629/
EEC Ð European Convention on the Protection of                       Action brought on 2 March 1998 by the Commission of
Animals Kept for Farming Purposes Ð Recommendation                   the European Communities against the Kingdom of the
concerning Cattle Ð Export of calves from a Member                                             Netherlands
State maintaining the level of protection laid down by the
                                                                                            (Case C-63/98)
Convention and the Recommendation Ð Export to
Member States which comply with the Directive but do                                         (98/C 166/04)
not observe the standards laid down in the Convention or
the Recommendation and use intensive farming systems
prohibited in the exporting State Ð Quantitative                     An action against the Kingdom of the Netherlands was
restrictions on exports Ð Exhaustive harmonisation Ð                 brought before the Court of Justice of the European
                   Validity of the Directive)                        Communities on 2 March 1998 by the Commission of the
                                                                     European Communities, represented by Wouter Wils,
                        (98/C 166/03)
                                                                     acting as Agent, with an address for service in
                                                                     Luxembourg at the office of C. Gómez de la Cruz, of its
                                                                     Legal Service, Wagner Centre, Kirchberg.
               (Language of the case: English)
                                                                     The applicant claims that the Court should:
In Case C-1/96: reference to the Court under Article 177
of the EC Treaty from the High Court of Justice (England
and Wales), Queen's Bench Division, for a preliminary                Ð declare that, by failing to take appropriate steps, in
ruling in the proceedings pending before that court                      managing fishing for shellfish in the Waddenzee, to
between The Queen and the Minister of Agriculture,                       avoid deterioration of the habitats of certain types of