CELEX: C2000/355/05
Language: en
Date: 2000-12-09 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 12 October 2000 in Case C-314/98 (reference for a preliminary ruling from the Nederlandse Raad van State (the Netherlands)): Snellers Auto's BV v Algemeen Directeur van de Dienst Wegverkeer (First authorisation of a vehicle for use on the public highway — Determination of the date — Technical standards and regulations — Article 30 of the EC Treaty (now, after amendment, Article 28 EC))

9.12.2000              EN                     Official Journal of the European Communities                                            C 355/3
                 JUDGMENT OF THE COURT                                                    JUDGMENT OF THE COURT
                                                                                                  (Sixth Chamber)
                       of 5 October 2000
                                                                                                of 12 October 2000
in Case C-74/99 (reference for a preliminary ruling from
the High Court of Justice of England and Wales, Queen’s                  in Case C-314/98 (reference for a preliminary ruling
Bench Division (Crown Office)): The Queen v Secretary                    from the Nederlandse Raad van State (the Netherlands)):
               of State for Health and Others (1)                        Snellers Auto’s BV v Algemeen Directeur van de Dienst
                                                                                                    Wegverkeer (1)
(Directive 98/43/EC — Advertising and sponsorship of
                  tobacco products — Validity)                           (First authorisation of a vehicle for use on the public highway
                                                                         — Determination of the date — Technical standards and
                                                                         regulations — Article 30 of the EC Treaty (now, after
                        (2000/C 355/04)                                                     amendment, Article 28 EC))
                                                                                                   (2000/C 355/05)
                   (Language of the case: English)
                                                                                             (Language of the case: Dutch)
In Case C-74/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the High Court of
Justice of England and Wales, Queen’s Bench Division (Crown              (Provisional translation; the definitive translation will be published
Office), United Kingdom, for a preliminary ruling in the                                    in the European Court Reports)
proceedings pending before that court between The Queen
and Secretary of State for Health and Others, ex parte: Imperial         In Case C-314/98: reference to the Court under Article 177 of
Tobacco Ltd and Others — on the interpretation on the                    the EC Treaty (now Article 234 EC) from the Nederlandse
validity of Directive 98/43/EC of the European Parliament and            Raad van State (Council of State, the Netherlands) for a
of the Council of 6 July 1998 on the approximation of the                preliminary ruling in the proceedings pending before that
laws, regulations and administrative provisions of the Member            court between Snellers Auto’s BV and Algemeen Directeur van
States relating to the advertising and sponsorship of tobacco            de Dienst Wegverkeer — on the interpretation of Council
products (OJ 1998 L 213, p. 9) — the Court, composed of:                 Directive 83/189/EEC of 28 March 1983 laying down a
G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida            procedure for the provision of information in the field of
(Rapporteur), D.A.O. Edward, L. Sevón and R. Schintgen                  technical standards and regulations (OJ 1983 L 109, p. 8), as
(Presidents of Chambers), P.J.G. Kapteyn, C. Gulmann, A. La              amended by Council Directive 88/182/EEC of 22 March 1988
Pergola, J.-P. Puissochet, P. Jann, H. Ragnemalm, M. Wathelet            (OJ 1988 L 81, p. 75) and by Directive 94/10/EC of the
and F. Macken, Judges; N. Fennelly, Advocate General; H. von             European Parliament and the Council of 23 March 1994
Holstein, Deputy Registrar, and L. Hewlett, Administrator, for           materially amending for the second time Directive 83/189 (OJ
the Registrar, has given a judgment on 5 October 2000, in                1994 L 100, p. 30), and of Articles 30 and 36 of the EC Treaty
which it has ruled:                                                      (now, after amendment, Articles 28 EC and 30 EC) — the Court
                                                                         (Sixth Chamber), composed of: C. Gulmann (Rapporteur),
                                                                         President of the Chamber, J.-P. Puissochet and F. Macken,
                                                                         Judges; P. Léger, Advocate General; H.A. Rühl, Principal
Since Directive 98/43/EC of the European Parliament and of the
                                                                         Administrator, for the Registrar, has given a judgment on
Council of 6 July 1998 on the approximation of the laws, regulations
                                                                         12 October 2000, in which it has ruled:
and administrative provisions of the Member States relating to the
advertising and sponsorship of tobacco products has been annulled
by the judgment delivered today in Case C-376/98 Germany v               1.    For the purposes of determining whether national rules, such as
Parliament and Council, there is no need to give a ruling on the               the Regeling houdende vaststelling van regels omtrent de wijze
question submitted.                                                            waarop de datum van eerste toelating tot de openbare weg op
                                                                               het kentekenbewijs, dan wel het registratiebewijs van een
                                                                               voertuig wordt bepaald, adopted on 9 December 1994,
                                                                               constitute a technical regulation covered by the obligation
                                                                               to notify the Commission laid down in Council Directive
                                                                               83/189/EEC of 28 March 1983 laying down a procedure for
(1) OJ C 136 of 15.5.1999.
                                                                               the provision of information in the field of technical standards
                                                                               and regulations, as amended by Council Directive 88/182/EEC
                                                                               of 22 March 1988, the subsequent amendments introduced by
                                                                               Directive 94/10/EC of the European Parliament and the
                                                                               Council of 23 March 1994 materially amending for the second
                                                                               time Directive 83/189 should not be taken into consideration.
 ---pagebreak--- C 355/4                 EN                      Official Journal of the European Communities                                          9.12.2000
2.   National rules concerning the determination of the date on            Justice (England & Wales), Queen’s Bench Division (Divisional
     which a vehicle was first authorised for use on the public            Court) (United Kingdom) for a preliminary ruling in the
     highway, such as the Regeling houdende vaststelling van regels        proceedings pending before that court between The Queen
     omtrent de wijze waarop de datum van eerste toelating tot de          and Ministry of Agriculture, Fisheries and Food, ex parte:
     openbare weg op het kentekenbewijs, dan wel het registratiebe-        J.H. Cooke & Sons — on the interpretation of the first
     wijs van een voertuig wordt bepaald, do not fall within the           paragraph of Article 2 of Commission Regulation (EC)
     scope of Directive 83/189, as amended by Directive 88/182.            No 762/94 of 6 April 1994 laying down detailed rules for the
                                                                           application of Council Regulation (EEC) No 1765/92 with
3.   National rules which provide that the date on which an                regard to the set-side scheme (OJ 1994 L 90, p. 8) — the Court
     imported vehicle was first authorised for use on the public           (Sixth Chamber), composed of: C. Gulmann, President of the
     highway is to be fixed at the date on which its registration          Chamber, V. Skouris and R. Schintgen (Rapporteur), Judges;
     certificate was issued only where the vehicle has not been            P. Léger, Advocate General; H. von Holstein, Deputy Registrar,
     registered for more than two days in another Member State             has given a judgment on 12 October 2000, in which it has
     constitute a measure having an effect equivalent to a quantitative    ruled:
     restriction on imports for the purposes of Article 30 of the EC
     Treaty (now, after amendment, Article 28 EC).                         The first paragraph of Article 2 of Commission Regulation (EC)
                                                                           No 762/94 of 6 April 1994 laying down detailed rules for the
4.   Such national rules may, in spite of their restrictive effects on     application of Council Regulation (EEC) No 1765/92 with regard
     the free movement of goods, be justified by imperative require-       to the set-aside scheme must be interpreted as meaning that the
     ments such as road safety and/or protection of the environment        expression ‘an area which has been cultivated in the previous year
     if it can be shown that the resulting restriction is necessary to     with a view to a harvest’ covers land previously under grass that has
     ensure road safety and/or protection of the environment and           subsequently been cut and used for silage.
     that the restriction is not disproportionate to those objectives,
     particularly in the sense that no other, less restrictive, measures
                                                                           (1) OJ C 397 of 19.12.1998.
     are available.
(1) OJ C 327 of 24.10.1998.
                                                                                            JUDGMENT OF THE COURT
                                                                                                    (Sixth Chamber)
                                                                                                  of 12 October 2000
                 JUDGMENT OF THE COURT
                                                                           in Case C-480/98: Kingdom of Spain v Commission of the
                          (Sixth Chamber)                                                     European Communities (1)
                                                                           (State aid — Aid granted to undertakings in the Magefesa
                       of 12 October 2000
                                                                                                          group)
in Case C-372/98 (reference for a preliminary ruling from                                            (2000/C 355/07)
the High Court of Justice (England & Wales), Queen’s
Bench Division (Divisional Court) (United Kingdom): The
  Queen v Ministry of Agriculture, Fisheries and Food (1)                                     (Language of the case: Spanish)
(Common Agricultural Policy — Regulation (EEC)                             (Provisional translation; the definitive translation will be published
No 1765/92 — Regulation (EC) No 762/94 — Aids linked                                          in the European Court Reports)
to the area down to arable crops and set-side — Meaning of
an ‘area which has been cultivated in the previous year with
                         a view to harvest’)                               In Case C-480/98: Kingdom of Spain (Agent: R. Silva de
                                                                           Lapuerta) v Commission of the European Communities
                                                                           (Agents: G. Rozet and R. Vidal Puig) — application for
                          (2000/C 355/06)                                  annulment of Commission Decision 1999/509/EC of 14 Octo-
                                                                           ber 1998 concerning aid granted by Spain to companies in the
                                                                           Magefesa group and their successors (OJ 1999 L 198, p. 15)
                   (Language of the case: English)                         — the Court (Sixth Chamber), composed of: C. Gulmann,
                                                                           President of the Chamber, V. Skouris and J.-P. Puissochet
                                                                           (Rapporteur), Judges; J. Mischo, Advocate General; H.A. Rühl,
In Case C-72/98: reference to the Court under Article 177 of               Principal Administrator, for the Registrar, has given a judgment
the EC Treaty (now Article 234 EC) from the High Court of                  on 12 October 2000, in which it: