CELEX: C2001/150/11
Language: en
Date: 2001-05-19 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 January 2001 in Case C-448/99: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil obligations — Directive 97/13/EC)

C 150/6                 EN                       Official Journal of the European Communities                                          19.5.2001
3.    The implementation of a general exemption from value added            —     time which a driver necessarily spends travelling to take over a
      tax for the supply of premises and other facilities and for the             vehicle subject to the obligation to instal and use a tachograph
      related supply of accessories or other arrangements for the                 and which is not at the driver’s home or the employer’s
      purposes of the practice of sport or physical education, where no           operational centre, regardless of whether the employer gave
      such exemption is to be found in Article 13 of Directive                    instructions as to when and how to travel or whether that choice
      77/388, constitutes a serious breach of Community law that                  was left to the driver;
      can render a Member State liable in damages.
                                                                            —     periods of driving spent by a driver whilst performing a
                                                                                  transport service falling outside the scope of Regulation
(1) OJ C 188 of 3.07.1999.                                                        No 3821/85 before taking over a vehicle to which that
                                                                                  regulation applies.
                                                                            (1) OJ C 281 of 2.10.1999.
                 JUDGMENT OF THE COURT
                          (Fifth Chamber)
                        of 18 January 2001                                                    JUDGMENT OF THE COURT
in Case C-297/99 (reference for a preliminary ruling from                                              (Fifth Chamber)
the Nottingham Magistrates’ Court): criminal proceedings
against Skills Motor Coaches Ltd, B.J. Farmer, C.J. Burley                                           of 18 January 2001
                         and B. Denman (1)
                                                                            in Case C-448/99: Commission of the European Communi-
(Social legislation relating to road transport — Tachograph                              ties v Grand Duchy of Luxembourg (1)
record sheets — Obligation to record periods of work, breaks
                     in work and rest periods)
                                                                            (Failure by a Member State to fulfil obligations — Directive
                                                                                                          97/13/EC)
                          (2001/C 150/10)
                                                                                                       (2001/C 150/11)
                   (Language of the case: English)
                                                                                                 (Language of the case: French)
In Case C-297/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Nottingham
Magistrates’ Court (United Kingdom), for a preliminary ruling
in the criminal proceedings pending before that court against               (Provisional translation; the definitive translation will be published
Skills Motor Coaches Ltd, B.J. Farmer, C.J. Burley and                                          in the European Court Reports)
B. Denman — on the interpretation of Article 15 of Council
Regulation (EEC) No 3821/85 of 20 December 1985 on                          In Case C-448/99: Commission of the European Communities
recording equipment in road transport (OJ 1985 L 370, p. 8)                 (Agent: M. Nolin) v Grand Duchy of Luxembourg (Agent:
— the Court (Fifth Chamber), composed of: A. La Pergola,                    P. Steinmetz) — application for a declaration that, by failing to
President of the Chamber, M. Wathelet, D.A.O. Edward, P. Jann               bring into force all of the laws, regulations and administrative
(Rapporteur) and L. Sevón, Judges; A. Saggio, Advocate                     provisions necessary to comply with Articles 8(3) and 9(2) of
General; D. Louterman-Hubeau, Head of Division, for the                     Directive 97/13/EC of the European Parliament and of the
Registrar, has given a judgment on 18 January 2001, in which                Council of 10 April 1997 on a common framework for
it has ruled:                                                               general authorisations and individual licences in the field of
                                                                            telecommunications services (OJ 1997 L 117, p. 15), the
                                                                            Grand Duchy of Luxembourg has failed to fulfil its obligations
                                                                            under that directive — the Court (Fifth Chamber), composed
On a proper construction of Article 15 of Council Regulation (EEC)          of: A. La Pergola, President of the Chamber, M. Wathelet,
No 3821/85 of 20 December 1985 on recording equipment in                    D.A.O. Edward, P. Jann and L. Sevón (Rapporteur), Judges;
road transport, a driver’s obligation to record all other periods of        P. Léger, Advocate General; R. Grass, Registrar, has given a
work extends to:                                                            judgment on 18 January 2001, in which it:
 ---pagebreak--- 19.5.2001                 EN                     Official Journal of the European Communities                                              C 150/7
1.      Declares that, by failing to bring into force all of the laws,      1.    Declares that, by failing to bring into force within the prescribed
      regulations and administrative provisions necessary to comply               period the national measures transposing Articles 4(2), 6(1),
      with Articles 8(3) and 9(2) of Directive 97/13/EC of the                    (3) and (4), 7, 8(2), (3), (4) and (6), 11(2) and 12 of
      European Parliament and of the Council of 10 April 1997 on                  Directive 97/66/EC of the European Parliament and of the
      a common framework for general authorisations and individual                Council of 15 December 1997 concerning the processing of
      licences in the field of telecommunications services, the Grand             personal data and the protection of privacy in the telecommuni-
      Duchy of Luxembourg has failed to fulfil its obligations under              cations sector, the French Republic has failed to fulfil its
      that directive;                                                             obligations under Article 15 of that directive;
2.     Orders the Grand Duchy of Luxembourg to bear the costs.              2.    Orders the French Republic to pay the costs.
                                                                            (1) OJ C 192 of 8.07.2000.
(1) OJ C 34 of 5.02.2000.
                                                                                             JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                      (Sixth Chamber)
                           (Fourth Chamber)                                                         of 25 January 2001
                          of 18 January 2001                                in Case C-429/97: Commission of the European Communi-
                                                                                                 ties v French Republic (1)
in Case C-151/00: Commission of the European Communi-
                       ties v French Republic (1)                           (Failure by a Member State to fulfil its obligations — VAT
                                                                            — Eighth Directive — Refund of VAT paid in another
                                                                            Member State — Sixth Directive — Place of supply —
(Failure by a Member State to fulfil its obligations —                      Services relating to the collection, sorting, transport and
Directive 97/66/EC — Processing of personal data and                                                  disposal of waste)
protection of privacy in the telecommunications sector —
                           Non-transposition)
                                                                                                      (2001/C 150/13)
                            (2001/C 150/12)
                                                                                                (Language of the case: French)
                      (Language of the case: French)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                          In Case C-429/97: Commission of the European Communities
                                                                            (Agents: H. Michard and E. Traversa) v French Republic
                                                                            (Agents: initially by K. Rispal-Bellanger and G. Mignot, then by
In Case C-151/00: Commission of the European Communities                    K. Rispal-Bellanger and S. Seam,) — application for a declar-
(Agent: B. Mongin) v French Republic (Agents: K. Rispal-                    ation that, by refusing to refund value added tax to taxable
Bellanger and A. Lercher) — application for a declaration that,             persons not established in France, in cases where those taxable
by failing to bring into force and to communicate to the                    persons had subcontracted part of their work to a taxable
Commission within the prescribed period the national                        person established in France, the French Republic has failed
measures transposing Articles 4(2), 6(1), (3) and (4), 7, 8(2),             to fulfil its obligations under the Eighth Council Directive
(3), (4) and (6), 11(2) and 12 of Directive 97/66/EC of the                 79/1072/EEC of 6 December 1979 on the harmonisation of
European Parliament and of the Council of 15 December 1997                  the laws of the Member States relating to turnover taxes —
concerning the processing of personal data and the protection               Arrangements for the refund of value added tax to taxable
of privacy in the telecommunications sector (OJ 1998 L 24,                  persons not established in the territory of the country (OJ
p. 1), the French Republic has failed to fulfil its obligations             1979 L 331, p. 11), in particular Article 2 thereof — the Court
under Article 15 of that directive — the Court (Fourth                      (Sixth Chamber), composed of: C. Gulmann, President of the
Chamber), composed of: A. La Pergola, President of the                      Chamber, V. Skouris (Rapporteur) and J.-P. Puissochet, Judges;
Chamber, D.A.O. Edward (Rapporteur) and S. von Bahr, Judges;                N. Fennelly, Advocate General; L. Hewlett, Administrator, for
S. Alber, Advocate General; R. Grass, Registrar, has given a                the Registrar, has given a judgment on 25 January 2001, in
judgment on 18 January 2001, in which it:                                   which it: