CELEX: C1998/358/09
Language: en
Date: 1998-11-21 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 1 October 1998 in Case C-71/97: Commission of the European Communities v. Kingdom of Spain (Failure by a Member State to fulfil its obligations - Failure to transpose a directive)

C 358/4               EN                  Official Journal of the European Communities                                     21.11.98
Registrar, gave a judgment on 1 October 1998, the                         hire, provided that the tariffs are fixed with due
operative part of which is at follows:                                    regard for the public-interest criteria defined by Law
                                                                          No 298 and the public authorities do not hand over
                                                                          their prerogatives to private economic agents in taking
1. The application is dismissed;                                          into account, before the approval of proposals, of the
                                                                          observations of other public and private bodies and
                                                                          even by fixing tariffs ex officio.
2. The Italian Republic is ordered to pay the costs.
(1) OJ C 294, 5.10.1996.                                             2. The concept of general interest to which the Court
                                                                          referred in its judgments in Case C-185/91 Reiff
                                                                          and in Case C-153/93 Delta Schiffahrts- und
                                                                          Speditionsgesellschaft corresponds to the concept of
                                                                          public interest mentioned in its judgment in Case
                                                                          C-96/94 Centro Servizi Spediporto.
               JUDGMENT OF THE COURT
                                                                     3. It is for the Member States to determine the specific
                      (Second Chamber)                                    criteria to be used in fixing tariffs, such as those in
                      of 1 October 1998                                   force under Italian law, and for the national courts to
                                                                          determine whether the criteria thus defined are
in Case C-38/97 (reference for a preliminary ruling from                  respected in practice.
the Giudice di Pace di Genova): Autotrasporti Librandi
Snc di Librandi F. & C. v. Cuttica Spedizioni e Servizi
                     Internazionali Srl (1)                          4. The fact that collective agreements such as those
                                                                          provided for in Article 13 of the Ministerial Decree of
(Competition Ð Road transport Ð Mandatory tariff Ð
                                                                          18 November 1982 can be concluded and that they
State legislation Ð Concepts of general interest and public
                                                                          are even enforceable under national law against
                           interest)
                                                                          operators who have not signed them does not have the
                        (98/C 358/08)                                     effect of restricting competition within the meaning of
                                                                          Article 85 of the Treaty.
                (Language of the case: Italian)
                                                                     (1) OJ C 94, 22.3.1997.
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
In Case C-38/97: reference to the Court under Article 177
of the EC Treaty from the Giudice di Pace di Genova                                 JUDGMENT OF THE COURT
(Magistrate's Court, Genoa) (Italy), for a preliminary                                        (Sixth Chamber)
ruling in the proceedings pending before that court
between Autotrasporti Librandi Snc di Librandi F. & C.                                      of 1 October 1998
and Cuttica Spedizioni e Servizi Internazionali Srl Ð on                    in Case C-71/97: Commission of the European
the interpretation of Article 3(f) and (g), and Articles 5, 85                    Communities v. Kingdom of Spain (1)
and 86 of the EC Treaty and of the concepts of general
interest' and collective agreement' Ð the Court (Second             (Failure by a Member State to fulfil its obligations Ð
Chamber), composed of: R. Schintgen (Rapporteur),                                    Failure to transpose a directive)
President of the Chamber, G. F. Mancini and G.
                                                                                               (98/C 358/09)
Hirsch, Judges; S. Alber, Advocate-General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on
1 October 1998, in which it has ruled:
                                                                                     (Language of the case: Spanish)
1. Article 3(f) and (g), and Articles 5, 85, 86 and 90 of
     the EC Treaty do not preclude legislation of a Member             (Provisional translation; the definitive translation will be
     State which provides for road-haulage tariffs to be                       published in the European Court Reports)
     approved and brought into force by the State on the
     basis of proposals of a central committee the majority
     of whose members are representatives of the economic            In Case C-71/97: Commission of the European
     agents concerned and which extends the mandatory                Communities (Agent: Fernando Castillo de la Torre) v.
     tariffs applicable in the field of contracts for the            Kingdom of Spain (Agent: Santiago Ortiz Vaamonde) Ð
     carriage of goods by road to other types of contracts,          application for a declaration that, first, by failing to
     relating to different services, such as, in particular,         designate the zones considered to be vulnerable and to
     contracts under invitations to tender and contracts for         notify the Commission of those designations and, second,
 ---pagebreak--- 21.11.98              EN                  Official Journal of the European Communities                                      C 358/5
by failing to establish the codes of good agricultural               certain dangerous substances and preparations (OJ L 262,
practice and to notify the Commission thereof, the                   27.9.1976, p. 201), as amended by Council Directive
Kingdom of Spain has failed to fulfil its obligations under          91/173/EEC (OJ L 85, 5.4.1991, p. 34), and of
Articles 3 and 4 of Council Directive 91/676/EEC of                  Article 100a(4) of the EC Treaty Ð the Court (Sixth
12 December 1991 concerning the protection of waters                 Chamber), composed of: H. Ragnemalm, President of the
against pollution caused by nitrates from agricultural               Chamber, R. Schintgen, G. F. Mancini, P. J. G. Kapteyn
sources (OJ L 375, 31.12.1991, p. 1) Ð the Court (Sixth              (Rapporteur) and G. Hirsch, Judges; A. Saggio, Advocate-
Chamber), composed of: H. Ragnemalm, President of the                General; H. A. Rühl, Principal Administrator, for the
Chamber, G. F. Mancini, J. L. Murray (Rapporteur), G.                Registrar, has given a judgment on 1 October 1998, in
Hirsch and K. M. Ioannou, Judges; J. Mischo, Advocate-               which it has ruled:
General; R. Grass, Registrar, has given a judgment on
1 October 1998, in which it:
                                                                     The limit value established in the first sentence of point 23
                                                                     of Annex I to Council Directive 76/769/EEC of 27 July
1. Declares that by failing to designate the zones                   1976 on the approximation of the laws, regulations and
     considered to be vulnerable and to notify the                   administrative provisions of the Member States relating to
     Commission of those designations and by failing to              restrictions on the marketing and use of certain dangerous
     establish the codes of good agricultural practice for           substances and preparations, as amended by Council
     the autonomous communities other than Andalucia,                Directive 91/173/EEC of 21 March 1991, is applicable to
     Cantabria, Madrid, Murcia, Navarre and Valencia                 PCP, its salts and esters and to preparations produced
     and to notify the Commission thereof, the Kingdom               from those substances, but not to products treated with
     of Spain has failed to fulfil its obligations under             those substances or preparations.
     Articles 3 and 4 of Council Directive 91/676/EEC of
     12 December 1991 concerning the protection of
     waters against pollution caused by nitrates from                (1) OJ C 181, 14.6.1997.
     agricultural sources;
2. Orders the Kingdom of Spain to pay the costs.
(1) OJ C 108, 5.4.1997.
                                                                                       ORDER OF THE COURT
                                                                                         of 23 September 1998
                                                                     in Joined Cases C-332/96 and C-333/96 (reference for a
                                                                     preliminary ruling from the Pretura Circondariale di
                                                                     Roma): Consorzio Nazionale Tabacchi Soc. Coop. a.r.l.
               JUDGMENT OF THE COURT                                 (Conata) (C-332/96), Agrindustria Srl (C-333/96) v.
                                                                     Azienda di Stato per gli interventi nel mercato agricolo
                        (Sixth Chamber)                                                        (AIMA) (1)
                      of 1 October 1998
                                                                     (Article 104(3) of the Rules of Procedure Ð Manifestly
in Case C-127/97 (reference for a preliminary ruling from                                  identical question)
the Bayerisches Verwaltungsgericht Regensburg): Willi
                                                                                             (98/C 358/11)
                Burstein v. Freistaat Bayern (1)
              (Article 100a(4) of the EC Treaty)
                                                                                     (Language of the case: Italian)
                         (98/C 358/10)
               (Language of the case: German)                          (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                   In Joined Cases C-332/96 and C-333/96: reference to the
                                                                     Court under Article 177 of the EC Treaty from the
                                                                     Pretura Circondariale di Roma (Italy) for a preliminary
In Case C-127/97: reference to the Court under Article 177           ruling in the proceedings pending before that court
of the EC Treaty from the Bayerisches Verwaltungsgericht             between Consorzio Nazionale Tabacchi Soc. Coop. a.r.l.
Regensburg (Bavarian Administrative Court) (Germany),                (Conata) (C-332/96) and Agrindustria Srl (C-333/96) and
for a preliminary ruling in the proceedings pending before           Azienda di Stato per gli interventi nel mercato agricolo
that court between Willi Burstein and Freistaat Bayern Ð             (AIMA) on the validity of Commission Regulation (EC)
on the interpretation of Council Directive 76/769/EEC of             No 3477/93 of 17 December 1993 concerning the
27 July 1976 on the approximation of the laws,                       agricultural conversion rates to be applied in the
regulations and administrative provisions of the Member              tobacco sector (OJ L 317, 8.12.1993, p. 30) Ð the Court,
States relating to restrictions on the marketing and use of          composed of: G. C. Rodríguez Iglesias, President,