CELEX: C2000/302/13
Language: en
Date: 2000-10-21 00:00:00
Title: Judgment of the Court of 4 July 2000 in Case C-84/98: Commission of the European Communities v Portuguese Republic (Failure by a Member State to fulfil its obligations — Regulation (EEC) No 4055/86 — Freedom to provide services — Maritime transport — Article 234 of the EC Treaty (now, after amendment, Article 307 EC))

21.10.2000                EN                    Official Journal of the European Communities                                              C 302/7
      none of the qualifications mentioned in Article 3 of Council         regulation — the Court composed of: G.C. Rodrı́guez Iglesias,
      Directive 78/686/EEC of 25 July 1978 concerning the mutual           President, J.C. Moitinho de Almeida, D.A.O. Edward (Rappor-
      recognition of diplomas, certificates and other evidence of the      teur), L. Sevón and R. Schintgen (Presidents of Chambers),
      formal qualifications of practitioners of dentistry, including       C. Gulmann, J.-P. Puissochet, G. Hirsch, P. Jann, H. Ragne-
      measures to facilitate the effective exercise of the right of        malm and M. Wathelet, Judges; M. J. Mischo, Advocate
      establishment and freedom to provide services, conditional upon      General; H. von Holstein, Deputy Registrar, has given a
      his having the linguistic knowledge necessary for the exercise of    judgment on 4 July 2000, in which it:
      his profession in the Member State of establishment.
                                                                           1.    Declares that, by failing to denounce or adjust the agreement
                                                                                 on merchant shipping with the Republic of Angola so as to
(1) OJ C 41 of 7.2.1998.                                                         provide for fair, free and non-discriminatory access by all
                                                                                 Community nationals to the cargo shares due to the Portuguese
                                                                                 Republic, as provided for in Council Regulation (EEC)
                                                                                 No 4055/86 of 22 December 1986 applying the principle of
                                                                                 freedom to provide services to maritime transport between
                                                                                 Member States and between Member States and third countries,
                                                                                 the Portuguese Republic has failed to fulfil its obligations under
                                                                                 Articles 3 and 4(1) of that regulation;
                                                                           2.    Orders the Portuguese Republic to pay the costs.
                  JUDGMENT OF THE COURT
                             of 4 July 2000                                (1) OJ C 151 of 16.5.1998.
in Case C-62/98: Commission of the European Communi-
                   ties v Portuguese Republic (1)
(Failure by a Member State to fulfil its obligations —
Regulation (EEC) No 4055/86 — Freedom to provide services
— Maritime transport — Article 234 of the EC Treaty (now,
                after amendment, Article 307 EC)                                            JUDGMENT OF THE COURT
                            (2000/C 302/12)                                                            of 4 July 2000
                                                                           in Case C-84/98: Commission of the European Communi-
                   (Language of the case: Portuguese)                                        ties v Portuguese Republic (1)
                                                                           (Failure by a Member State to fulfil its obligations —
(Provisional translation; the definitive translation will be published
                                                                           Regulation (EEC) No 4055/86 — Freedom to provide services
                     in the European Court Reports)                        — Maritime transport — Article 234 of the EC Treaty (now,
                                                                                          after amendment, Article 307 EC))
In Case C-62/98: Commission of the European Communities
(Agents: A. Caeiro, B. Mongin and M. Afonso) v Portuguese                                             (2000/C 302/13)
Republic (Agents: M.L. Fernandes and M.L. Duarte) — appli-
cation for a declaration that, by failing to denounce or adjust
the agreements concerning merchant shipping concluded with
the Republic of Senegal, approved by Decree No 99/79 of                                      (Language of the case: Portuguese)
14 September 1979, with the Republic of Cape Verde,
approved by Decree No 119/79 of 7 November 1979, with
the Republic of Angola, approved by Decree No 71/79 of                     (Provisional translation; the definitive translation will be published
18 July 1979, and with the Democratic Republic of São Tomé                                    in the European Court Reports)
and Prı́ncipe, approved by Decree No 123/79 of 13 November
1979, so as to provide for fair, free and non-discriminatory
access by all Community nationals to the cargo shares due to               In Case C-84/98: Commission of the European Communities
the Portuguese Republic, as provided for in Council Regulation             (Agents: A. Caeiro, B. Mongin and M. Afonso) v Portuguese
(EEC) No 4055/86 of 22 December 1986 applying the prin-                    Republic (Agents: M.L. Fernandes and M.L. Duarte) — appli-
ciple of freedom to provide services to maritime transport                 cation for a declaration that, by failing to denounce or adjust
between Member States and between Member States and third                  the agreement concerning merchant shipping concluded with
countries (OJ 1986 L 378 p. 1), the Portuguese Republic has                the Federal Republic of Yugoslavia, approved by Decree
failed to fulfil its obligations under Articles 3 and 4(1) of that         No 74/81 of 28 June 1979, which entered into force on
 ---pagebreak--- C 302/8                 EN                        Official Journal of the European Communities                                          21.10.2000
19 May 1981, so as to provide for fair, free and non-                        (United Kingdom) for a preliminary ruling in the proceedings
discriminatory access by all Community nationals to the cargo-               pending before that court between Regina and Minister for
shares due to the Portuguese Republic, as provided for in                    Agriculture, Fisheries and Food, ex parte S.P. Anastasiou
Council Regulation (EEC) No 4055/86 of 22 December 1986                      (Pissouri) Ltd and Others, interveners: Cypfruvex (UK) Ltd and
applying the principle of freedom to provide services to                     Cypfruvex Fruit and Vegetable (Cypfruvex) Enterprises Ltd —
maritime transport between Member States and between                         on the interpretation of Council Directive 77/93/EEC of
Member States and third countries (OJ 1986 L 378, p. 1), the                 21 December 1976 on protective measures against the intro-
Portuguese Republic has failed to fulfil its obligations under               duction into the Community of organisms harmful to plants
Articles 3 and 4(1) thereof — the Court composed of: G.C. Ro-                or plant products and against their spread within the Com-
drı́guez Iglesias, President, J.C. Moitinho de Almeida,                      munity (OJ 1977 L 26, p. 20), as amended, inter alia,by Council
D.A.O. Edward (Rapporteur), L. Sevón and R. Schintgen (Presi-               Directive 91/683/EEC of 19 December 1991 (OJ 1991 L 376,
dents of Chambers), C. Gulmann, J.-P. Puissochet, G. Hirsch,                 p. 29) and Commission Directive 92/103/EEC of 1 December
P. Jann, H. Ragnemalm and M. Wathelet, Judges; M.J. Mischo,                  1992 (OJ 1992 L 363, p. 1) — the Court, composed of:
Advocate General; H. von Holstein, Deputy Registrar, has given               G.C. Rodrı́guez Iglesias, President, D.A.O. Edward, L. Sevón
a judgment on 4 July 2000, in which it:                                      and R. Schintgen, Presidents of Chambers, P.J.G. Kapteyn,
                                                                             C. Gulmann, J.-P. Puissochet, Rapporteur, G. Hirsch, P. Jann,
1.    Declares that, by failing either to denounce or to adjust the          M. Wathelet and V. Skouris, Judges; Advocate General: N. Fen-
      agreement on merchant shipping with the Federal Republic of            nelly; Registrar: L. Hewlett, Administrator, has given a judg-
      Yugoslavia so as to provide for fair, free and non-discriminatory      ment on 4 July 2000, in which it has ruled:
      access by all Community nationals to the cargo-shares due to
      the Portuguese Republic, as provided for in Council Regulation
      (EEC) No 4055/86 of 22 December 1986 applying the                      1.    Council Directive 77/93/EEC of 21 December 1976 on
      principle of freedom to provide services to maritime transport               protective measures against the introduction into the Com-
      between Member States and between Member States and third                    munity of organisms harmful to plants or plant products and
      countries, the Portuguese Republic failed to fulfil its obligations          against their spread within the Community, as amended,
      under Articles 3 and 4(1) of that regulation;                                permits Member States to admit into their territory plants
                                                                                   originating in a non-member country, which are subject to the
                                                                                   issue of a phytosanitary certificate dealing, inter alia,with
2.    Orders the Portuguese Republic to pay the costs.                             compliance with special requirements, where, in the absence of
                                                                                   a certificate issued by the authorities empowered to issue
                                                                                   certificates in the plants’ country of origin, the plants are
(1) OJ C 184 of 13.6.1998.                                                         accompanied by a certificate issued in a non-member country
                                                                                   from which they do not originate, provided that:
                                                                                   —      the plants have been imported into the territory of the
                                                                                          country where checks have taken place before being
                                                                                          exported from there to the Community;
                                                                                   —      the plants have remained in that country for such time
                  JUDGMENT OF THE COURT                                                   and under such conditions as to enable the proper checks
                                                                                          to be completed, and
                           of 4 July 2000
                                                                                   —      the plants are not subject to special requirements that can
in Case C-219/98 (reference for a preliminary ruling from                                 only be satisfied in their place of origin.
the House of Lords): Regina v Minister for Agriculture,
                       Fisheries and Food (1)
                                                                             2.    It is not for the Member State concerned to take account of the
                                                                                   reasons for which a phytosanitary certificate has not been issued
(Directive 77/93/EEC — Issue of phytosanitary certificates
                                                                                   in the country of origin of the plants in determining whether
by a non-member country other than the country of origin of
                                                                                   the certificate complies with the requirements of Directive
the plants — Produce originating in the part of Cyprus to
                                                                                   77/93, as amended.
         the north of the United Nations Buffer Zone)
                          (2000/C 302/14)
                                                                             (1) OJ C 258 of 15.8.1998.
                    (Language of the case: English)
In Case C-219/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the House of Lords