CELEX: C1995/268/07
Language: en
Date: 1995-10-14 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 13 July 1995 in Case C-216/94: Commission of the European Communities v. Kingdom of Belgium (Failure to fulfil Treaty obligations - Directive 89/48/EEC - Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration)

No C 268/4              EN                   Official Journal of the European Communities                                   14 . 10 . 95
and women as regards access to employment, vocational                                 JUDGMENT OF THE COURT
training and promotion, and working conditions.                                                 ( Sixth Chamber)
                                                                                               of 11 August 1995
( 1 ) OJ No C 174 , 26 . 6 . 1994 .
                                                                        in Joined Cases C-367/93 to C-377/93 (references for a
                                                                        preliminary ruling from the Tariefcommissie): F. G. Roders
                                                                        BV and Others v. Inspecteur der Invoerrechten en
                                                                                                   Accijnzen (*)
                                                                        (Excise duties on wine — Discriminatory internal taxation
                                                                                               — Benelux system)
                JUDGMENT OF THE COURT                                                              95/C 268/08 )
                          ( Sixth Chamber)
                           of 13 July 1995                                              (Language of the case: Dutch)
in Case        C-216/94 : Commission of the             European
            Communities v. Kingdom of Belgium ( 1 )                     (Provisional translation; the definitive translation will be
(Failure to fulfil Treaty obligations — Directive 89/48/EEC                      published in the European Court Reports)
— Recognition of higher-education diplomas awarded on
completion ofprofessional education and training ofat least
                       three years ' duration)                          In Joined Cases C-367/93 to C-377/93 : references to the
                            ( 95/C 268/07 )
                                                                        Court under Article 177 of the EEC Treaty from the
                                                                        Tariefcommissie ( Administrative Court for Customs and
                                                                        Excise ), Netherlands, for a preliminary ruling in the
                 (Language of the case: Frencb)                         proceedings pending before that court between F. G. Roders
                                                                        BV ( C-367/93 to C-370/93 ), RSK Internationale
                                                                        Expeditieen Vervoeronderneming BV ( C-371/93 and
(Provisional translation; the definitive translation will be            C-372/93 ), Damco van Swieten BV ( C-373/93 and
           published in the European Court Reports)                     C-377/93 ), VGL Internationale Expeditie BV ( C-374/93
                                                                        and C-375/93 ), Zaans Veem BV ( C-376/93 ) and Inspecteur
In Case C-216/94 : Commission of the European                           der Invoerrechten en Accijnzen — on the interpretation of
Communities ( agent: Marie-José Jonczy ) v. Kingdom of                  Article 95 of the EEC Treaty — the Court ( Sixth Chamber ),
Belgium ( agent: Jan Devadder ) — application for a                     composed of: F. A. Schockweiler, President of the Chamber,
declaration that, by not adopting within the prescribed                 P. J. G. Kapteyn, G. F. Mancini, C. N. Kakouris and
period the measures necessary to comply with Council                    J. L. Murray ( Rapporteur ), Judges; G. Tesauro,
Directive 89/48/EEC of 21 December 1988 on a general                    Advocate-General; H. A. Rùhl , Principal Administrator, for
system for the recognition of higher-education diplomas                 the Registrar, has given a judgment on 11 August 1995 , in
                                                                        which it rules that :
awarded on completion of professional education and
training of at least three years' duration ( OJ No L 19 , p . 16 ),
and, in the alternative, by not notifying such measures to the          1 , a Member State may not rely on Article 233 of the EEC
Commission, the Kingdom of Belgium has failed to fulfil its                  Treaty in order to avoid its obligations under Article 95
obligations under the EC Treaty — the Court ( Sixth                          of that Treaty where this is not indispensable for the
 Chamber ), composed of: F. A. Schockweiler, President of                    good functioning of the Benelux system;
the Chamber, P. J. G. Kapteyn, G. F. Mancini, J. L. Murray
 ( Rapporteur ) and H. Ragnemalm, Judges; C. O. Lenz,
Advocate-General; R. Grass, Registrar, has given a                      2 , the first paragraph of Article 95 of the EEC Treaty is to
judgment on 13 July 1995 , in which it rules:                                be interpreted as meaning that it is for the national
                                                                             court, having regard to the criteria identified by the
                                                                             Court of Justice, to assess whether:
 1 , by not adopting within the prescribed period the
      measures necessary to comply with Council Directive                    — products such as, on the one hand, red table wine,
       89/48/EEC of 21 December 1988 on a general system                         quality red wines produced in specified regions,
      for the recognition of higher-education diplomas                           sherry, madeira and vermouth and, on the other
      awarded on completion of professional education and                        hand, still fruit wines whose alcoholic strength does
       training ofat least three years ' duration, the Kingdom of                not exceed 15% vol, are similar;
       Belgium has failed to fulfil its obligations under the EC
       Treaty;                                                               — products such as champagne and sparkling fruit
                                                                                 wines whose alcoholic strength does not exceed
 2 , the Kingdom of Belgium is ordered to pay the costs.                         15% vol are similar.
 (') OJ No C 275 , 1 . 10 . 1994 .                                       3 . The second paragraph of Article 95 is to be interpreted
                                                                             as meaning that, in order to assess the compatibility ofa
                                                                             fiscal charge, account must be taken of the impact of
                                                                             that charge on the competitive relationships between the