CELEX: C1995/229/08
Language: en
Date: 1995-09-02 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 29 June 1995 in Case C-437/93 (reference for a preliminary ruling from the Bundesfinanzhof): Hauptzollamt Heilbronn v. Temic Telefunken Microelectronic GmbH (Customs inward processing relief arrangements - Discharge of the relief arrangements by the placing of goods under the system of processing under customs control - Quantitative limits)

No C 229/4              EN                   Official Journal of the European Communities                                          2 . 9 . 95
1 . declares that, by failing to adopt within the prescribed                            JUDGMENT OF THE COURT
      period the laws, regulations and administrative                                               of 29 June 1995
      provisions necessary to comply with Council Directive
      92/44/EEC of 5 June 1992 on the application of open               in Case C-135/93 : Kingdom of Spain v. Commission of the
      network provisions to leased lines, the Grand Duchy of                                European Communities 0 )
      Luxembourg has failed to fulfil its obligations under             (Action for annulment — Act adopted on the basis
      Article IS of that Directive;                                     of Article 93 (1) of the EC Treaty — Extension —
                                                                                                     Admissibility)
2 . orders the Grand Duchy of Luxembourg to pay the                                                  ( 95/C 229/07 )
       costs .
                                                                                         (Language of the case: Spanish)
(') OJ No C 254 , 10 . 9 . 1994 .                                       (Provisional translation; the definitive translation will be
( 2 ) OJ No L 165 , 19 . 6 . 1992 , p . 27 .                                       published in the European Court Reports)
                                                                        In Case C-135/93 : Kingdom of Spain ( Agents : Alberto
                                                                        Navarro Gonzalez and Miguel Bravo-Ferrer Delgado,
                                                                        Abogado del Estado ) v. Commission of the European
                                                                        Communities ( Agents : Francisco Enrique Gonzalez Diaz
                                                                        and Michel Nolin ) — application for 1 . a declaration that
                                                                        the Commission 's decision of 23 December 1992 not to
                JUDGMENT OF THE COURT                                   modify the Community framework for State aid to the
                          of 29 June 1995                               motor vehicle industry and to extend its validity until the
        in Case C-391/92 : Commission of the European                   Commission organized a review of it is non-existent or, if
               Communities v. Hellenic Republic ( J )                   appropriate, the annulment of that decision, and 2 . the
 (Free movement ofgoods — Processed milk for infants —                  annulment of the extension of the said framework by
                                                                        Decision 91 /C 81 /05 ( 2 ) in so far as that decision is the basis
      Prohibition of marketing other than by pharmacies)
                                                                        for the decision of 23 December 1992 — the Court,
                             ( 95/C 229/06                              composed of: G. C. Rodriguez Iglesias, President, F. A.
                                                                        Schockweiler ( Rapporteur) and P. J. G. Kapteyn ( Presidents
                 (Language of the case: Greek)                          of Chambers ), G. F. Mancini, C. N. Kakouris, J. C.
                                                                        Moitinho de Almeida, J. L. Murray, D. A. O. Edward,
                                                                        G. Hirsch, H. Ragnemalm and L. Sevón, Judges; C. O. Lenz,
 (Provisional translation; the definitive translation will be           Advocate-General; Registrar, R. Grass, has given a
           published in the European Court Reports)                     judgment on 29 June 1995 , in which it:
                                                                         1 . dismisses the application;
In Case C-391 /92 : Commission of the European
 Communities ( Agents : initially R. Pellicer and V. Melgar,            2 . orders the parties to bear their own costs.
 subsequently H. Van Lier and V. Melgar, assisted by N.
 Dontas , of the Athens Bar ) v. Hellenic Republic ( Agents :            f 1 ) OJ No C 139 , 18 . 5 . 1993 .
P. Kamarineas, P. Athanassoulis and C. Sitara ) —                        ( 2 ) OJ No C 81 , 26 . 3 . 1991 , p . 4 .
 application for a declaration that, by requiring that
 processed milk for infants should be sold exclusively by
 pharmacies under Article 10 of Ministerial Decision
 No A2/oik . 361 of 29 January 1988 , the Hellenic Republic                             JUDGMENT OF THE COURT
 has failed to fulfil its obligations under Article 30 of the EC                                  ( Fourth Chamber)
 Treaty — the Court, composed of: G. C. Rodriguez Iglesias,
 President, F. A. Schockweiler ( Rapporteur ), P. J. G.                                             of 29 June 1995
 Kapteyn, C. Gulmann and P. Jann ( Presidents of Chambers )              in Case C-437/93 ( reference for a preliminary ruling from
 G. F. Mancini , C. N. Kakouris, J. C. Moitinho de Almeida,              the Bundesfinanzhof): Hauptzollamt Heilbronn v. Temic
J. L. Murray, D. A. O. Edward, J. -P. Puissochet, G. Hirsch                          Telefunken Microelectronic GmbH ( l )
 and H. Ragnemalm, Judges; Advocate-General; C. O. Lenz;
 L. Hewlett, Administrator, for the Registrar, gave a                     (Customs inward processing relief arrangements —
 judgment on 29 June 1995 , in which it:                                 Discharge ofthe reliefarrangements by theplacing ofgoods
                                                                          under the system of processing under customs control —
                                                                                                 Quantitative limits)
  1 . dismisses the application;                                                                      ( 95/C 229/08 )
 2 . orders the Commission to pay the costs.                                             (Language of the case: German)
                                                                          (Provisional translation; the definitive translation will be
 (') OJ No C 326 , 11 . 12 . 1992 .                                                published in the European Court Reports)
                                                                          In Case C-437/93 : reference to the Court under Article 177
                                                                          of the EC Treaty by the Bundesfinanzhof ( Federal Finance
 ---pagebreak--- 2 . 9 . 95           I                         Official Journal of the European Communities                                  No C 229/5
Court, Germany ) for a preliminary ruling in the proceedings              Judges; G. Cosmas, Advocate-General; H. A. Riihl ,
pending before that court between Hauptzollamt Heilbronn                  Principal Administrator, for the Registrar, gave a judgment
and Temic Telefunken Microelectronic GmbH in the                          on 29 June 1995 , the operative part of which is as
presence of the Bundesministerium der Finanzen — on the                   follows :
interpretation of Article 18 ( 2 ) ( d ), the first subparagraph of
Article 18 ( 3 ) and the first indent of Article 21 ( 1 ) ( a ) of         1 . Article 71 (1 ) (b) (ii) of Council Regulation (EEC)
Council Regulation ( EEC ) No 1999/85 of 16 July 1985 on                         No 1408/71 on the application of social security
inward processing relief arrangements ( 2 ) — the Court                         schemes to employed persons, to self-employed persons
( Fourth Chamber), composed of: P. J. G. Kapteyn, President                     and to members of their families moving within the
of the Chamber, C. N. Kakouris and J. L. Murray                                  Community, as amended and updated by Council
( Rapporteur), Judges; G. Tesauro, Advocate-General ;                            Regulation (EEC) No 2001 /83 of 2 June 1983 must be
L. Hewlett, Administrator, for the Registrar, has given a                        interpreted as also applying to unemployed persons who
judgment on 29 June 1995 , in which it rules :                                   during their last employment resided in the Member
                                                                                State in which they worked, even where, in derogation
Article 18 (2) (d), the first subparagraph of Article 18 (3)                    from Article 13 (2) (a) of that Regulation, and pursuant
and the first indent of Article 21 ( 1 ) (a) of Council                          to Article 1 7, therein referred to, the competent
Regulation (EEC) No 1999/85 of 16 July 1985 on inward                           authorities of two Member States are in agreement that
processing relief arrangements are to be interpreted as                         the employed person is to remain subject to the social
meaning that a quantitative limitation may not be attached                      security legislation of one of those Member States, not
to an authorization to use the system of processing under                       being the one in whose territory the unemployed person
customs control as a way of discharging the inward                              was employed;
processing relief arrangements.
                                                                          2 . that article applies even where the agreement pursuant
( 1 ) OJ No C 332 , 8 . 12 . 1993 .                                             to Article 1 7 ofthe Regulation came into being when the
( 2 ) OJ No L 188 , 20 . 7 . 1985 , p . 1 .                                     employed person was already working and residing in
                                                                                the territory of one and the same Member State.
                                                                          (') OJ No C 1 , 4 . 1 . 1994 .
                                                                          ( 2 ) OJ No L 149 , 5 . 7. 1971 , p . 2 .
                                                                          (-1 ) OJ No L 230 , 22 . 8 . 1983 , p . 6 .
                JUDGMENT OF THE COURT
                          ( Sixth Chamber )
                          of 29 June 1995
     in Case C-454/93 ( reference for a preliminary ruling                                JUDGMENT OF THE COURT
        from the Arbeidshof, Brussels ): Rijksdienst voor
                                                                                                    ( Sixth Chamber )
            Arbeidsvoorziening v. Joop van Gestel ( ] )
(Social security for migrant workers — Designation of the                                           of 29 June 1995
competent State in accordance with Article 1 7 ofRegulation               in Case C-456/93 ( reference for a preliminary ruling from
(EEC) No 1408/71 — Residence and employment in a                          the Oberlandesgericht Frankfurt am Main ): Zentrale zur
Member State other than the competent State —                             Bekämpfung unlauteren Wettbewerbs eV v. Privatkellerei
          Unemployment benefits provided pursuant to                           Franz Wilhelm Langguth Erben GmbH & Co. KG ( 1 )
                       Article 71 (1) (b) (ii))                           (Description of wines — Repetition on the label ofthe terms
                            ( 95/C 229/09 )                                'Kabinett', Spatlese 'Auslese ' and 'WeiEherbst' as parts of
                                                                                                      a brand name)
                 (Language of the case: Dutch)                                                        ( 95/C 229/10 )
(Provisional translation; the definitive translation will be                               (Language of the case: German)
           published in the European Court Reports)
                                                                          (Provisional translation; the definitive translation will be
In Case C-454/93 : reference to the Court under Article 177                          published in the European Court Reports)
of the EC Treaty by the Arbeidshof ( Higher Labour Court),
Brussels, for a preliminary ruling in the proceedings                     In Case C-456/93 : reference to the Court under Article 177
pending before that court between Rijksdienst voor                        of the EC Treaty by the Oberlandesgericht ( Higher Regional
Arbeidsvoorziening and Joop van Gestel on the                             Court ) Frankfurt am Main ( Germany ) for a preliminary
interpretation of Articles 17 and 71 ( 1 ) ( b ) ( ii ) of Council        ruling in the proceedings pending before that court between
Regulation ( EEC ) No 1408/71 of 14 June 1971 on the                      Zentrale zur Bekampfung unlauteren Wettbewerbs eV and
application of social security schemes to employed persons,               Privatkellerei Franz Wilhelm Langguth Erben GmbH & Co .
to self-employed persons and to members of their families                 KG on the interpretation of Article 40 ( 3 ) of Council
moving within the Community ( 2 ), as amended and updated                 Regulation ( EEC ) No 2392/89 of 24 July 1989 laying down
by Council Regulation ( EEC ) No 2001 /83 of 2 June 1983 ( 3 )            general rules for the description and presentation of wines
— the Court ( Sixth Chamber), composed of: F. A.                          and grape musts ( 2 ) and Article 3 of Commission Regulation
Schockweiler, President of the Chamber, G. F. Mancini, C.                 ( EEC ) No 3201/90 of 16 October 1990 laying down
N. Kakouris ( Rapporteur ), J. L. Murray and G. Hirsch,                   detailed rules for the description and presentation of wines