CELEX: C1995/189/09
Language: en
Date: 1995-07-22 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 8 June 1995 in Case C-389/93 (reference for a preliminary ruling from the Verwaltungsgericht, Frankfurt am Main): Anton Dürbeck GmbH v. Bundesamt für Ernährung und Forstwirtschaft (Bananas - Import arrangements - Category of new operators)

No C 189/4             EN                    Official Journal of the European Communities                                        22 . 7 . 95
                JUDGMENT OF THE COURT                                   (Agent: Umberto Leanza ) — application for a declaration
                         ( Third Chamber)                               that, by failing to adopt within the prescribed period the
                                                                        laws, regulations and administrative provisions necessary to
                           of 1 June 1995                               comply with Council Directive 89/392/EEC of 14 June 1989
in Case C-l 19/94 P: Dimitrios Coussios v. Commission of                on the approximation of the laws of the Member States
                 the European Communities ( l )                         relating to machinery ( 2) and Council Directive 91/368/EEC
(Appeal — Official — Failure to give reasons for a decision             of 20 June 1991 amending Directive 89/392/EEC (3 ), the
rejecting an application — Award of compensation —                      Italian Republic has failed to fulfil its obligations under
          Waiver of rights under the Staff Regulations)                 Community law — the Court ( Fifth Chamber), composed
                                                                        of: C. Gulmann (Rapporteur), President of the Chamber, P.
                            ( 95/C 189/07 )                             Jann, D. A. O. Edward, J.-P. Puissochet and L. Sevôn,
                                                                        Judges; C. O. Lenz, Advocate-General; R. Grass, Registrar,
                 (Language of the case: Frencb)                         has given a judgment on 1 June 1995 , in which it:
(Provisional translation; the definitive translation will be            1 , declares that, by failing to adopt within the prescribed
           published in the European Court Reports)                            period the laws, regulations and administrative
                                                                               provisions necessary in order to comply with Council
In Case C-l 1 9/94 P : Dimitrios Coussios ( lawyer: Georges                    Directive 89/392/EEC of 14 June 1989 on the
Sakellaropoulos ) — appeal against the judgment of the                         approximation ofthe laws ofthe Member States relating
Court of First Instance of the European Communities ( Fifth                    to machinery and Council Directive 91 /368/EEC of
Chamber ) of 23 February 1994 in Joined Cases T-18/92 and                      20 June 1991 amending Directive 89/392/EEC, the
T-68/92 Coussios v . Commission [ 1994] ECR-SC II, p . 171 ,                   Italian Republic has failed to fulfil its obligations under
seeking to have that judgment set aside, the other party to                    Community law;
the proceedings being: Commission of the European
Communities (Agents : Gianluigi Valsesia and Ana Maria
Alves Vieira ) — the Court (Third Chamber ), composed of:               2 , orders the Italian Republic to pay the costs.
C. Gulmann ( Rapporteur ), President of the Chamber, J. C.
Moitinho de Almeida and J. -P. Puissochet, Judges; F. G.                 t 1 ) OJ No C 233 , 20 . 8 . 1994 .
Jacobs, Advocate-General; D. Louterman-Hubeau,                           ( 2 ) OJ No L 183 , 29 . 6 . 1989 , p . 9 .
Principal Administrator, for the Registrar, has given a                 ( 3 ) OJ No L 198 , 22 . 7. 1991 , p . 16.
judgment on 1 June 1995 , in which it:
 1 , dismisses the appeal;
2, orders the appellant to pay the costs.
 f 1 ) OJ No C 174, 25 . 6 . 1994 .                                                      JUDGMENT OF THE COURT
                                                                                                   ( Sixth Chamber)
                                                                                                     of 8 June 1995
                                                                         in Case C-3 89/93 (reference for a preliminary ruling from
                                                                        the Verwaltungsgericht, Frankfurt am Main): Anton
                                                                               Dürbeck GmbH v. Bundesamt für Ernährung und
                JUDGMENT OF THE COURT                                                             Forstwirtschaft f 1 )
                           (Fifth Chamber)                                (Bananas — Import arrangements — Category of new
                                                                                                         operators)
                            of 1 June 1995
                                                                                                      ( 95/C 189/09 )
        in Case C-182/94 : Commission of the European
               Communities v. Italian Republic i 1 )
 (Failure to fulfil obligations — Failure to transpose Council                            (Language of the case: German)
            Directives 89/392/EEC and 91/368/EEC)
                             ( 95/C 189/08 )
                                                                         (Provisional translation; the definitive translation will be
                                                                                    published in the European Court Reports)
                  (Language of the case: Italian)
                                                                         In Case C-389/93 : reference to the Court under Article 177
 (Provisional translation; the definitive translation will be
           published in the European Court Reports)                      of the EC Treaty from the Verwaltungsgericht
                                                                          (Administrative Court), Frankfurt am Main ( Germany), for
                                                                         a preliminary ruling in the proceedings pending before that
 In Case C-182/94: Commission of the European                            court between Anton Durbeck GmbH and Bundesamt fiir
 Communities (Agent: Antonio Aresu ) v . Italian Republic                Ernâhrung und Forstwirtschaft (Federal Office for Food
 ---pagebreak--- 22 . 7 . 95              EN                 Official Journal of the European Communities                                          No C 189/5
and Forestry ) — on the interpretation of Article 1 9 ( 1 ) (c ) of                      JUDGMENT OF THE COURT
 Council Regulation (EEC ) No 404/93 of 13 February 1993                                           ( Sixth Chamber)
on the common organization of the market in bananas ( 2 )
and Article 2 (c ) of Commission Regulation ( EEC )                                                  of 8 June 1995
No 1442/93 of 10 June 1993 laying down detailed rules for              in Case C-451/93 (reference for a preliminary ruling
the application of the arrangements for importing bananas              from the Landessozialgericht fur das Saarland ): Claudine
into the Community ( 3 ) — the Court ( Sixth Chamber),                        Délavant v. Allgemeine Ortskrankenkasse fur das
composed of: F. A. Schockweiler ( Rapporteur), President of                                             Saarland (*)
the Chamber, G. F. Mancini, C. N. Kakouris, J. L. Murray                (Social security for migrant workers — Council Regulation
and G. Hirsch, Judges; M. B. Elmer, Advocate-General;                   (EEC) No 1408/71 — Worker residing in a Member State
H. A. Riihl, Principal Administrator, for the Registrar, has            other than the competent State — Benefits in kind for
given a judgment on 8 June 1995 , in which it rules:                    members of the worker's family in the State of residence)
                                                                                                      ( 95/C 189/10 )
 1 , the definition of Category C operators contained in
      Article 2 (c) of Commission Regulation (EEC)                                       (Language of the case: German)
      No 1442/93 of 10 June 1993 laying down detailed rules
      for the application of-the arrangements for importing             (Provisional translation; the definitive translation will be
       bananas into the Community does not differ from that                      published in the European Court Reports)
      contained in Article 19 (1 ) (c) of Council Regulation
       (EEC) No 404/93 of 13 February 1993 on the common
      organization of the market in bananas;                           In Case C-451 /93 : reference to the Court under Article 177
                                                                       of the EC Treaty from the Landessozialgericht fiir das
                                                                       Saarland ( Higher Social Court, Saarland) for a preliminary
                                                                       ruling in the proceedings pending before that court between
2 . Article 19 (1 ) (c) of Regulation (EEC) No 404/93 and              Claudine Délavant and Allgemeine Ortskrankenkasse fiir
      Article 2 (c) of Regulation (EEC) No 1442/93 are to be           das Saarland ( Local General Sickness Fund, Saarland), in the
      interpreted as meaning that, when applying for                   presence of Valérie and Stéphanie Délavant, interveners in
      registration under Category C, an operator must not              the main proceedings — on the interpretation of Articles
      already have developed an activity aimed at marketing             1 ( f), 2 ( 1 ), 3 ( 1 ), 19 ( 1 ) ( a ) and ( 2 ), and 20 of Council
       bananas;                                                        Regulation ( EEC ) No 1408/71 of 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, as codified by Council
3 . Article 19 (1 ) (c) of Regulation (EEC) No 404/93 and              Regulation ( EEC ) No 2001 /83 of 2 June 1983 (2 ) — the
      Article 2 (c) of Regulation (EEC) No 1442/93 are to be           Court ( Sixth Chamber ), composed of: F. A. Schockweiler,
      interpreted as meaning that an operator may apply for            President of the Chamber, G. F. Mancini, C. N. Kakouris
      registration under Category C even if he intends to
                                                                       ( Rapporteur ), J. L. Murray and G. Hirsch, Judges; F. G.
      transfer the import licence to a third party;                   Jacobs, Advocate-General; H. A. Riihl, Principal
                                                                       Administrator, for the Registrar, has given a judgment on
                                                                       8 June 1995 , in which it rules :
4. Economic operators who entered into business prior to
       1 992 with a view to importing the bananas specified in         Article 19 (2) of Council Regulation (EEC) No 1408/71 of
      Article 2 (c) of Regulation (EEC) No 1442/93 and who             14 June 1971 on the application of social security schemes
      imported those bananas in 1992 or later can be                   to employed persons, to self-employed persons and to
      registered as Category C operators;                              members oftheir families moving within the Community, as
                                                                       codified by Council Regulation (EEC) No 2001 /83 of2 June
                                                                       1983 , is to be understood as meaning that when a worker
5 . Article 3 (2) of Regulation (EEC) No 1442/93 , which               resides with the members of his family in the territory of a
                                                                       Member State other than the Member State in which he
      provides that wholesalers and retailers are not to be
      regarded as operators, is not applicable to the concept of       works, under whose legislation he is insured by virtue ofthe
      operator within the meaning of Article 2 (c) of that             Regulation, the conditions for entitlement to sickness
      Regulation.                                                      benefits in kind for members of that person's family are also
                                                                      governed by the legislaton ofthe State in which that person
                                                                       works in so far as the members of his family are not entitled
                                                                       to those benefits under the legislation of their State of
(') OJ No C 256, 21 . 9 . 1993 .                                       residence.
( 2 ) OJ No L 47, 25 . 2 . 1993 , p . 1 .
( 3 ) OJ No L 142 , 12 . 6 . 1993 , p . 6 .
                                                                       (M OJ No C 18 , 21 . 1 . 1994 .
                                                                       ( 2 ) OJ No L 230, 22 . 8 . 1983 , p . 6 .