CELEX: C1996/180/16
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT of 26 March 1996 in Case C-271/94: European Parliament v. Council of the European Union (Council Decision 94/445/EC - Edicom - Telematic networks - Legal basis)

No C 180/8            EN                  Official Journal of the European Communities                                   22 . 6 . 96
 3 . Community law does not require a Member State which,             and 88/357/EEC (third non-life insurance Directive) must
     in transposing Directive 90/531 /EEC into national law,          be interpreted as meaning that social security schemes such
     has itself determined which services of a contracting            as those in issue in the main proceedings are excluded from
     entity are to be excluded from its scope in                      the scope of the Directive.
     implementation of Article 8, to compensate that entity
     for any loss suffered by it as a result of the error
     committed by the State.                                          f 1 ) OJ No C 304 , 29 . 10 . 1994 .
 (') OJ No C 287, 23 . 10 . 1993 .
                                                                                      JUDGMENT OF THE COURT
                                                                                              of 26 March 1996
               JUDGMENT OF THE COURT
                                                                      in Case C-271/94: European Parliament v. Council of the
                                                                                              European Union ( l )
                       of 26 March 1996
                                                                      (Council Decision 94/445/EC — Edicom — Telematic
 in Case C-238/94 ( reference for a preliminary ruling from                                networks — Legal basis)
 the   Tribunal    des   affaires   de   sécurité   sociale for
                                                                                                 { 96/ C 180/16 )
 Tarn-et-Garonne ): José Garcia and Others v. Mutuelle de
        prévoyance sociale d'Aquitaine and Others ( 1 )
 (Non-life insurance — Council Directive 92/49/EEC —                                   (Language of the case: French)
                              Scope)
                         ( 96/C 180/15 )
                                                                      (Provisional translation; the definitive translation will be
                                                                                 published in the European Court Reports)
                (Language of the case: French)
                                                                     In Case C-271/94 , European Parliament ( Agents : Gregorio
 (Provisional translation; the definitive translation will be        Garzón Clariana, Johann Schoo and José Luis Rufas
          published in the European Court Reports)                   Quintana ), supported by the Commission of the European
                                                                     Communities ( Agent: Georgios Kremlis ) v. Council of the
                                                                     European Union ( Agents: Antonio Sacchettini and Amadeu
In Case C-238/94 : reference to the Court under Article 177          Lopes Sabino ) — application for the annulment of Council
of the EC Treaty from the Tribunal des affaires de sécurité          Decision 94/445/EC of 11 July 1994 on interadministration
sociale ( Social Security Tribunal ) for Tarn-et-Garonne for a       telematic networks for statistics relating to the trading of
preliminary ruling in the proceedings pending before that            goods between Member States ( Edicom ) ( OJ No L 183 ,
court between José Garcia and Others v . Mutuelle de                  1994 , p . 42 ) — the Court, composed of G. C. Rodriguez
prévoyance sociale d'Aquitaine and Others — on the                   Iglesias, President, C. N. Kakouris and G. Hirsch ( Presidents
interpretation of Article 2 ( 2 ) of Council Directive               of Chambers ), G. F. Mancini, F. A. Schockweiler, J. C.
92/49/EEC of 18 June 1992 on the coordination of laws,               Moitinho de Almeida, C. Gulmann, J. L. Murray, P. Jann,
regulations and administrative provisions relating to direct         H. Ragnemalm and L. Sevón ( Rapporteur), Judges,
insurance other than life assurance and amending Directives          Advocate-General : A. La Pergola, Registrar: H. von
73/239/EEC and 88/357/EEC ( third non-life insurance                 Holstein, Deputy Registrar, gave a judgment on 26 March
Directive ) ( OJ No L 228 , 1992 , p . 1 ) — the Court,              1996 in which it :
composed of G. C. Rodriguez Iglesias, President, D. A. O.
Edward, J. -P. Puissochet and G. Hirsch ( Presidents of
Chambers ), F. A. Schockweiler, J. C. Moitinho de Almeida            1 . Annuls Council Decision 94/445/EC of 11 July 1 994 on
( Rapporteur ), P. J. G. Kapteyn, C. Gulmann, J. L. Murray,                 interadministration telematic networks for statistics
P. Jann and H. Ragnemalm, Judges; G. Tesauro,                               relating to the trading ofgoods between Member States
Advocate-General; D. Louterman-Hubeau, Principal                            (Edicom).
Administrator, for the Registrar, gave a judgment on
26 March 1996 , the operative part of which is as
follows :                                                            2 . Maintains the effects of the Commission decisions
                                                                            already adopted pursuant to the annulled decision until
                                                                            such time as a decision adopted on the appropriate legal
Article 2 (2) of Council Directive 92/49/EEC of 18 June                     basis enters into force.
1992 on the coordination of laws, regulations and
administrative provisions relating to direct insurance other
than life assurance and amending Directives 73/239/EEC               3 . Orders the Council to pay the costs.
 ---pagebreak--- 22 . 6 . 96             EN                    Official Journal of the European Communities                                  No C 180/9
4.    Orders the Commission to bear its own costs .                                     JUDGMENT OF THE COURT
                                                                                                  ( Third Chamber)
(M OJ No C 316 , 12 . 11 . 1994 .                                                                of 28 March 1996
                                                                         in Case C-99/94 (reference for a preliminary ruling from the
                                                                         Finanzgericht Rheinland-Pfalz ): Robert Birkenbeul GmbH
                                                                                    & Co. KG v. Hauptzollamt Koblenz ( J )
                                                                              (Anti-dumping duties on imports of electric motors)
                                                                                                     ( 96/C 180/ 18 )
               JUDGMENT OF THE COURT                                                     (Language of tbe case: German)
                           ( Fifth Chamber )
                        of 28 March 1996                                 (Provisional translation; the definitive translation will be
                                                                                   published in the European Court Reports)
in Case C-468/93 (reference to the Court for a preliminary
ruling from the Gerechtshof te Leeuwarden ): Gemeente
                                                                         In Case C-99/94 : reference to the Court under Article 177 of
      Emmen v. Belastingdienst Grote Ondernemingen ( 1 )
                                                                         the EC Treaty from the Finanzgericht Rheinland-Pfalz
(Sixth VA TDirective — Article 13B (h) and Article 4 (3) (b)
                                                                         ( Finance Court, Rhineland-Palatinate ), Germany for a
                  — Supply of building land)                             preliminary ruling in the proceedings pending before that
                             ( 96/C 180/ 17 )                            court between Robert Birkenbeul GmbH & Co . KG v .
                                                                         Hauptzollamt Koblenz on the interpretation of Commission
                                                                         Regulation ( EEC ) No 3019/86 of 30 September 1986
                 (Language of the case: Dutcb)                           imposing a provisional anti-dumping duty on imports of
                                                                         standardized multiphase electric motors having an output of
                                                                         more than 0,75 kW but not more than 75 kW, originating in
(Provisional translation; the definitive translation will be
                                                                         Bulgaria, Czechoslovakia , the German Democratic
           published in the European Court Reports)                      Republic, Hungary, Poland, Romania and the USSR ( OJ No
                                                                         L 280, 1986 , p . 68 ), and of Council Regulation ( EEC )
In Case C-468/93 , reference to the Court under Article 177              No 864/87 of 23 March 1987 imposing a definitive
of the EC Treaty by the Gerechtshof te Leeuwarden                        anti-dumping duty on imports of standardized multiphase
 ( Regional Court of Appeal, Leeuwarden ) (Netherlands ) for             electric motors having an output of more than 0,75 kW but
a preliminary ruling in the proceedings pending before that              not more than 75 kW, originating in Bulgaria,
court between Gemeente Emmen and Belastingdienst Grote                    Czechoslovakia, the German Democratic Republic,
 Ondernemingen — on the interpretation of the combined                   Hungary, Poland and the Soviet Union, and definitively
provisions of Article 13B ( h ) and Article 4 ( 3 ) ( b ) of the Sixth   collecting the amounts secured as provisional duties ( OJ No
 Council Directive ( 77/38 8/EEC ) of 17 May 1977 on the                 L 83 , 1987, p . 1 ), the Court ( Third Chamber ), composed of
harmonization of the laws of the Member States relating to               J. -P. Puissochet ( Rapporteur ), President of the Chamber,
turnover taxes — Common system of value-added tax:                       J. C. Moitinho de Almeida and C. Gulmann, Judges; N.
 uniform basis of assessment ( OJ No L 145 , 1977, p . 1 ) — the          Fennelly, Advocate-General; H. A. Riihl, Principal
 Court ( Fifth Chamber ) composed of D. A. O. Edward,                    Administrator, for the Registrar, has given a judgment on
                                                                         28 March 1996 in which it ruled :
 President of the Chamber, J. -P. Puissochet ( Rapporteur ),
J. C. Moitinho de Almeida, C. Gulmann and M. Wathelet,
Judges; Advocate-General : N. Fennelly, Registrar: H. von                 Commission Regulation (EEC) No 3019/86 of
 Holstein, Deputy Registrar, gave a judgment on 28 March                 30 September 1986 imposing a provisional anti-dumping
  1996 , the operative part of which is as follows :                      duty on imports of standardized multiphase electric motors
                                                                          having an output of more than 0,75 k W but not more than
                                                                          75 kW, originating in Bulgaria, Czechoslovakia, the
 It is for the Member States to define the concept of 'building           German Democratic Republic, Hungary, Poland, Romania
 land' within the meaning of the combined provisions of                   and the USSR, and Council Regulation (EEC) No 864/87 of
 Article 13B (h) and Article 4 (3) (b) of the Sixth Council               23 March 1 987 imposing a definitive anti-dumping duty on
 Directive (77/388/EEC) of 17 May 1977 on the                             imports of standardized multiphase electric motors having
 harmonization of the laws of the Member States relating to               an output of more than 0,75 kW but not more than 75 kW,
 turnover taxes — Common system of value-added tax:                       originating in Bulgaria, Czechoslovakia, the German
 uniform basis ofassessment. It therefore does not fall to the            Democratic Republic, Hungary, Poland and the Soviet
  Court to specify what degree of improvement land which                  Union, and definitively collecting the amounts secured as
 has not been built on must exhibit in order to be categorized            provisional duties, must be interpreted as applying only to
 as building land within the meaning of that Directive.                   imports of standardized, multiphase electric motors which
                                                                          are complete or finished.
  (!) OJ No C 43 , 12 . 2 . 1994 .
                                                                          (') OJ No C 132 , 14 . 5 . 1994 .