CELEX: C1998/397/19
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 29 October 1998 in Case C-230/97 (reference for a preliminary ruling from the Hof van Cassatie): Criminal proceedings against Ibiyinka Awoyemi (Driving licence - Interpretation of Directive 80/1263/EEC - Failure to comply with the obligation to exchange a licence issued by one Member State to a national of a non-member country for a licence from another Member State in which that person is now resident - Criminal penalties - Effect of Directive 91/439/EEC)

C 397/12              EN                 Official Journal of the European Communities                                     19.12.98
               JUDGMENT OF THE COURT                                each of the trades whose scope is defined by the
                                                                    legislation of the host State, the periods prescribed by that
                       (Fifth Chamber)
                                                                    article.
                     of 29 October 1998
                                                                    (1) OJ C 212, 12.7.1997.
in Joined Cases C-193/97 and C-194/97 (reference for a
preliminary ruling from the Tribunal Administratif,
Luxembourg): Manuel de Castro Freitas and Raymond
Escallier v. Ministre des Classes Moyennes et du
                         Tourisme (1)
(Freedom of establishment Ð Directive 64/427/EEC Ð
Activities of self-employed persons in manufacturing and                           JUDGMENT OF THE COURT
processing industries Ð Conditions for taking up an
                         occupation)                                                       (Second Chamber)
                        (98/C 397/18)                                                     of 29 October 1998
                                                                    in Case C-230/97 (reference for a preliminary ruling from
                                                                    the Hof van Cassatie): Criminal proceedings against
                (Language of the case: French)                                           Ibiyinka Awoyemi (1)
                                                                    (Driving licence Ð Interpretation of Directive 80/1263/
                                                                    EEC Ð Failure to comply with the obligation to exchange
                                                                    a licence issued by one Member State to a national of a
 (Provisional translation; the definitive translation will be       non-member country for a licence from another Member
          published in the European Court Reports)                  State in which that person is now resident Ð Criminal
                                                                             penalties Ð Effect of Directive 91/439/EEC)
                                                                                             (98/C 397/19)
In Cases C-193/97 and C-194/97: reference to the Court
under Article 177 of the EC Treaty from the Tribunal
Administratif, Luxembourg, for a preliminary ruling in the                          (Language of the case: Dutch)
proceedings pending before that court between Manuel de
Castro Freitas (C-193/97), Raymond Escallier (C-194/97),
and Ministre des Classes Moyennes et du Tourisme Ð on
the interpretation of Article 52 of the EC Treaty and                 (Provisional translation; the definitive translation will be
Article 3 of Council Directive 64/427/EEC of 7 July 1964                      published in the European Court Reports)
laying down detailed provisions concerning transitional
measures in respect of activities of self-employed persons
in manufacturing and processing industries falling within           In Case C-230/97: reference to the Court under Article 177
ISIC Major Groups 23Ð40 (Industry and small craft                   of the EC Treaty from the Hof van Cassaatie (Belgium) in
industries) (OJ, English Special Edition 1963Ð1964,                 the criminal proceedings before that court against Ibiyinka
p. 148) Ð the Court (Fifth Chamber), composed of: P.                Awoyemi Ð on the interpretation of Article 8(1) of the
Jann, President of the First Chamber, acting as President           First Council Directive 80/1263/EEC of 4 December 1980
of the Fifth Chamber, C. Gulmann, D. A. O. Edward                   on the introduction of a Community driving licence (OJ
(Rapporteur), L. Sevón and M. Wathelet, Judges; D.                  L 375, 31.12.1980, p. 1) and of Articles 1(2) and 8(1) of
Ruiz-Jarabo Colomer, Advocate-General; L. Hewlett,                  Council Directive 91/439/EEC of 29 July 1991 on driving
Administrator, for the Registrar, has given a judgment on           licences (OJ L 237, 24.8.1991, p. 1) Ð the Court (Second
29 October 1998, in which it has ruled:                             Chamber), composed of: G. Hirsch, President of the
                                                                    Chamber, G. F. Mancini and R. Schintgen (Rapporteur),
                                                                    Judges; P. LeÂger, Advocate-General; R. Grass, Registrar,
On a proper construction of Article 3 of Council Directive          has given a judgment on 29 October 1998, in which it has
64/427/EEC of 7 July 1964 laying down detailed                      ruled:
provisions concerning transitional measures in respect of
activities of self-employed persons in manufacturing and
processing industries falling within ISIC Major Groups              1. Neither the provisions of the First Council Directive
23Ð40 (Industry and small craft industries), where, in a                 80/1263/EEC of 4 December 1980 on the introduction
Member State, the possession of specific knowledge and                   of a Community driving licence, nor those of the EC
ability is a condition for taking up and pursuing an                     Treaty, preclude the driving of a motor vehicle by a
activity as a self-employed person in a manufacturing or                 national of a non-member country who holds a
processing industry or small craft industry, that Member                 Community model driving licence issued by one
State may not require of a Community national who                        Member State and who, having transferred his
applies for licences to pursue occupational activities in                residence to another Member State, could have
that Member State which he is certified by the competent                 obtained a licence issued by the host State in
authorities of his Member State of origin to have pursued                exchange, but did not complete that formality within
there, that he have completed separately, in respect of                  the prescribed period of one year, from being treated
 ---pagebreak--- 19.12.98               EN                 Official Journal of the European Communities                                    C 397/13
     by the latter State as driving without a licence and            and K. M. Ioannou, Judges; D. Ruiz-Jarabo Colomer,
     thus rendered punishable by imprisonment or a fine.             Advocate-General; R. Grass, Registrar, has given a
                                                                     judgment on 29 October 1998, in which it:
2. A national of a non-member country who holds a
     valid Community model driving licence issued by one             1. Declares that, by failing to adopt, within the
     Member State, who has taken up normal residence in                   prescribed period, the laws, regulations and
     another Member State, but who has not exchanged his                  administrative provisions necessary to comply with
     driving licence within the one-year period prescribed                Council Directive 92/29/EEC of 31 March 1992 on
     by the first subparagraph of Article 8(1) of Directive               the minimum safety and health requirements for
     80/1263/EEC, is entitled to rely directly on                         improved medical treatment on board vessels, the
     Articles 1(2) and 8(1) of Council Directive 91/439/                  Grand Duchy of Luxembourg has failed to fulfil its
     EEC of 29 July 1991 on driving licences in order to                  obligations thereunder.
     challenge the imposition, in the Member State in
     which he has established his new residence, of a term
     of imprisonment or a fine for driving without a                 2. Orders the Grand Duchy of Luxembourg to pay the
     licence. Community law does not prevent a court of                   costs.
     such a Member State, by reason of the principle that
     forms part of national law in certain Member States of          (1) OJ C 55, 20.2.1998.
     the retroactive effect of more favourable provisions of
     criminal law, from applying the aforesaid provisions of
     Directive 91/439/EEC even where the offence took
     place before the date set for compliance with that
     directive.
(1) OJ C 252, 16.8.1997.                                                            JUDGMENT OF THE COURT
                                                                                         of 10 November 1998
                                                                     in Case C-360/96 (reference for a preliminary ruling from
                                                                     the Gerechtshof te Arnhem): Gemeente Arnhem and
                                                                                 Gemeente Rheden v. BFI Holding BV (1)
                                                                     (Public service contracts Ð Meaning of contracting
                JUDGMENT OF THE COURT                                         authority Ð Body governed by public law)
                       (Fourth Chamber)                                                      (98/C 397/21)
                      of 29 October 1998
in    Case C-410/97: Commission of the European                                      (Language of the case: Dutch)
       Communities v. Grand Duchy of Luxembourg (1)
(Failure of a Member State to fulfil its obligations Ð
                                                                       (Provisional translation; the definitive translation will be
          Failure to transpose Directive 92/29/EEC)
                                                                               published in the European Court Reports)
                         (98/C 397/20)
                                                                     In Case C-360/96: reference to the Court under Article 177
                 (Language of the case: French)                      of the EC Treaty from the Gerechtshof (Regional Court of
                                                                     Appeal), Arnhem (Netherlands), for a preliminary ruling
                                                                     in the proceedings pending before that court between
                                                                     Gemeente Arnhem and Gemeente Rheden and BFI
  (Provisional translation; the definitive translation will be       Holding BV Ð on the interpretation of Articles 1(b) and 6
          published in the European Court Reports)                   of Council Directive 92/50/EEC of 18 June 1992 relating
                                                                     to the coordination of procedures for the award of public
                                                                     service contracts (OJ L 209, 1992, p. 1) Ð the Court,
In Case C-410/97: Commission of the European                         composed of: G. C. Rodríguez Iglesias, President, P. J. G.
Communities (Agent: Marie Wolfcarius) v. Grand Duchy                 Kapteyn, J.-P. Puissochet and P. Jann (Rapporteur)
of Luxembourg (Agent: Nicholas Schmit) Ð application                 (Presidents of Chambers), G. F. Mancini, J. C. Moitinho
for a declaration that, by failing to adopt the laws,                de Almeida, D. A. O. Edward, L. Sevón, M. Wathelet, R.
regulations and administrative provisions necessary to               Schintgen and K. M. Ioannou, Judges; A. La Pergola,
comply with Council Directive 92/29/EEC of 31 March                  Advocate General; D. Louterman-Hubeau, Principal
1992 on the minimum safety and health requirements for               Administrator, for the Registrar, has given a judgment on
improved medical treatment on board vessels (OJ L 113,               10 November 1998, in which it has ruled:
30.4.1992, p. 19), the Grand Duchy of Luxembourg has
failed to fulfil its obligations under that directive Ð the
Court (Fourth Chamber), composed of: P. J. G. Kapteyn,               1. The second subparagraph of Article 1(b) of Council
President of the Chamber, H. Ragnemalm (Rapporteur)                       Directive 92/50/EEC of 18 June 1992 relating to the