CELEX: C1996/158/07
Language: en
Date: 1996-06-01 00:00:00
Title: Action brought on 27 March 1996 by the Commission of the European Communities against the Federal Republic of Germany (Case C-102/96)

No C 158/4                  EN                   Official Journal of the European Communities                                      1 . 6 . 96
      exploitation of copyright vis-à-vis the other Member                       criterion for ascertaining whether there is a pronounced
      States of the European Union ?                                             sexual odour; that leads to the systematic rejection of
                                                                                 imports from Denmark, where testing is done by the
C ) Società Italiana Autori ed Editori — Italian Society of Authors              ' scatol ' method recognized by the competent authorities
     and Publishers .                                                            there . The German authorities wrongly invoke
                                                                                 Article 7 ( 1 ) ( b ) of the Directive, since the German
                                                                                 practice is not directed to control by spot checks of
                                                                                 compliance with the Community rules but to the
                                                                                 systematic enforcement of a method which is recognized
                                                                                 by Germany as the only reliable one .
                                                                            — Infringement of the conditions under Community law
Action brought on 27 March 1996 by the Commission of
                                                                                 for a declaration of unfitness for consumption under
the European Communities against the Federal Republic of
                                                                                 Article 5 of Directive 64/433/EEC as amended by
                                  Germany
                                                                                 Directive 91 /497/EEC : In the framework of control by
                             ( Case C- 1 02/96 )                                 spot checks, the country of destination may indeed apply
                               ( 96/C 158 /07 )                                  a suitable method of its own choice, but it is not entitled
                                                                                 on that basis to deny the fitness for consumption of all
                                                                                 consignments of meat which have been found to be fit
An action against the Federal Republic of Germany was                            for consumption in the country of origin . That would
brought before the Court of Justice of the European                              not be compatible with the principle of the internal
Communities on 27 March 1996 by the Commission of the                            market, nor with Article 8 of Directive 89/662/EEC,
European Communities, represented by Klaus-Dieter                                which provides for a sort of arbitration procedure in
Borchardt, of its Legal Service, with an address for service in                  which the Commission plays a decisive part.
Luxembourg at the office of Carlos Gomez de la Cruz, of its
Legal Service , Wagner Centre, Kirchberg.                                        That procedure has already led, with respect to the
                                                                                 ' scatol' method applied in Denmark , whose reliability
The applicant claims that the Court should :                                     was also doubted by France, to a confirmation of that
                                                                                 method; unlike the French authorities, the German
 1 , declare that, by imposing the special obligation of                         authorities refuse to respect that result.
      marking and subjecting to heat treatment under
      Article 6 ( 1 ) ( b ) of Directive 64/433/EEC ( ! ) the carcases      — Breach of Article 30 of the EC Treaty: The German
      of uncastrated male pigs if the meat, regardless of the                    Federal Government wrongly invokes compelling
      carcase weight, has an androstenone content of more                         reasons of consumer protection . The requirements with
      than 0,5 ^ig/g, applying Professor Claus's modified                        respect to the production and placing on the market of
      immunoenzyme test,                                                          fresh meat for human consumption have been fully
                                                                                  harmonized by Directives 64/433/EEC ( as amended
                                                                                  by Directive " 91 /497/EEC ) and 89/662/EEC . The
      and by regarding the meat as giving off a pronounced
      sexual odour and consequently unfit for human                               declaration on the problem of boar's meat made by the
                                                                                  Council and Commission when Directive 91 /497/EEC
      consumption under Article 5 ( 1 ) ( o ) of Directive
                                                                                  was adopted has merely a clarifying function and cannot
      64/433/EEC if the threshold of 0,5 juig/g of androstenone
      is exceeded,
                                                                                  be interpreted in a way which is incompatible with the
                                                                                  wording of the Directive .
      the Federal Republic of Germany has failed to fulfil its
      obligations under Article 6 ( 1 ) ( b ) and Article 5 ( 1 ) ( o )     (') OJ , English Special Edition 1963-1964 , p . 185 .
                                                                            C-) OJ No L 268 , 1991 , p . 69 .
      of Directive 64/433/EEC as amended by Directive                       (■') OJ No L 395 , 1989 , p . 13 .
      91 /497/EEC ( 2 ) in conjunction with Articles 5 ( 1 ), 7
      and 8 of Directive 89/662/EEC ( 3 ) and under Article 30
      of the EC Treaty;
 2 , order the defendant to pay the costs .
                                                                            Reference for a preliminary ruling from the Tribunal
 Pleas in law and main arguments                                            d'Instance, Lille, by judgment of that court of 19 March
                                                                            1996 in the case of Directeur Général des Douanes et Droits
 — Infringement of the conditions under Community law                                       Indirects v. Eridania Béghin-Say SA
      for imposing a special obligation of marking and heat                                            ( Case C-103/96 )
      treatment under Article 6 of Directive 64/433/EEC as
      amended by Directive 91 /497/EEC : The German                                                      ( 96/C 158/08 )
      authorities' requirement of marking and subjecting to
      heat treatment if appropriate even carcases of less than              Reference has been made to the Court of Justice of the
      80 kilograms is clearly contrary to Article 6 ( 1 ) ( b ) of the      European Communities by judgment of the Tribunal
      Directive . Also contrary to that provision is the                    d'Instance ( District Court ), Lille , of 19 March 1996 , which
      unilateral determination of a specified test as the                   was received at the Court Registry on 28 March 1996 , for a