CELEX: C1996/354/04
Language: en
Date: 1996-11-23 00:00:00
Title: JUDGMENT OF THE COURT of 10 September 1996 in Case C-277/94 (reference for a preliminary ruling from the Arrondissementsrechtbank, Amsterdam): Z. Taflan-Met, S. Altun-Baser and E. Andal-Bugdayci v. Bestuur van de Sociale Verzekeringsbank, and O. Akol v. Bestuur van de Nieuwe Algemene Bedrijfsvereniging (EEC-Turkey Association Agreement - Decision of the Association Council - Social Security - Entry into force - Direct effect)

No C 354/2            EN                  Official Journal of the European Communities                                         23 . 11 . 96
p. 1 ) — the Court, composed of: G. C. Rodriguez Iglesias ,          United Kingdom has failed to fulfil its obligations under
President, D. A. O. Edward, J. -P. Puissochet ( Rapporteur )         Article 2 ( 1 ) and ( 2 ) and Article 3 ( 2 ) of that Directive — the
and G. Hirsch, Presidents of Chambers , G. F. Mancini , J. C.        Court, composed of: G. C. Rodriguez Iglesias, President,
Moitinho de Almeida, P. J. G. Kapteyn, C. Gulmann and                C. N. Kakouris, D. A. O. Edward, J. -P. Puissochet and G.
J. L. Murray, Judges; G. Tesauro, Advocate-General ; D.              Hirsch ( Presidents of Chambers ), G. F. Mancini, J. C.
Louterman-Hubeau, Principal Administrator, for the                   Moitinho de Almeida , P. J. G. Kapteyn ( Rapporteur ), C.
Registrar, gave a judgment on 10 September 1 996 , in which          Gulmann , J. L. Murray, P. Jann, H. Ragnemalm and L.
it :                                                                 Sevón, Judges ; C. O. Lenz, Advocate-General ; D.
                                                                     Louterman-Hubeau , Principal Administrator, for the
1 . declares that, by authorizing the importation under              Registrar, has given a judgment on 10 September 1996 , in
                                                                     which it :
     inward processing reliefarrangements of dairy products
     whose customs value was lower than the minimum
     prices set under the International Dairy Arrangement,           1 . declares that, by adopting, with respect to satellite
     approved on behalf of the Community by Council                       broadcasts, the criteria set forth in section 43 of the
     Decision 80/271 /EEC of 10 December 1 979 concerning                 Broadcasting Act 1990 for the purpose of determining
     the conclusion of the Multilateral Agreements resulting              which satellite broadcasters fall under the jurisdiction of
     from the 1973 to 1979 trade negotiations, the Federal                the United Kingdom and, in the context of that
     Republic of Germany has failed to fulfil its obligations             jurisdiction, by applying different regimes to domestic
     under Article 6 (1 ) (a) of Annex I and Article 6 (a) of             satellite services and non-domestic satellite services, and
     Annexes II and III to that Arrangement, and under                    by exercising control over broadcasts which are
     Council Regulation (EEC) No 1999/85 of 16 July 1985                  transmitted by broadcasters falling under the
     on inward processing relief arrangements;                            jurisdiction of other Member States when those
                                                                          broadcasts are transmitted by a non-domestic satellite
2 . dismisses the remainder of the application;                           service or conveyed to the public as a licensable
                                                                          programme service, the United Kingdom has failed to
                                                                          fulfil its obligations under Article 2 (1 ) and (2) and
3 . orders the Federal Republic of Germany to pay the                     Article 3 (2) of Council Directive 89/552/EEC of
     costs .
                                                                          3 October 1989 on the coordination of certain
                                                                          provisions laid down by law, regulation or
(') OJ No C 90 , 26 . 3 . 1994 .                                          administrative action in Member States concerning the
                                                                          pursuit of television broadcasting activities;
                                                                     2 . orders the United Kingdom to pay the costs;
                                                                     3 . orders the French Republic to pay its own costs .
               JUDGMENT OF THE COURT
                     of 10 September 1996                            (') OJ No C 275 , 1.10 . 1994 .
in Case C-222/94: Commission of the European
Communities , supported by French Republic, v. United
     Kingdom of Great Britain and Northern Ireland ( ! )
 (Failure to fulfil obligations — Directive 89/552/EEC —
 Telecommunications — Television broadcasting —
                Jurisdiction over broadcasters)                                      JUDGMENT OF THE COURT
                          ( 96/C 354/03 )                                                   of 10 September 1996
                                                                         in Case C-277/94 ( reference for a preliminary ruling
                (Language of the case: English)                      from the Arrondissementsrechtbank, Amsterdam ): Z.
                                                                     Taflan-Met, S. Altun-Baser and E. Andal-Bugdayci v.
 (Provisional translation; the definitive translation will be        Bestuur van de Sociale Verzekeringsbank, and O. Akol v.
         published in the European Court Reports)                       Bestuur van de Nieuwe Algemene Bedrijfsvereniging (')
                                                                     (EEC-Turkey Association Agreement — Decision of the
In Case C-222/94 : Commission of the European                        Association Council — Social Security — Entry into force —
 Communities ( Agents : Christopher Docksey and Berend Jan                                        Direct effect)
Drijber ), supported by the French Republic ( Agents : Edwige                                    ( 96/C 354/04 )
 Belliard and Jean-Louis Falconi ), against the United
Kingdom of Great Britain and Northern Ireland ( Agent:                                 (Language of the case: Dutch)
John E. Collins, assisted by Stephen Richards and Rhodri
Thompson ) — application for a declaration that, by failing
 to implement correctly Council Directive 89/552/EEC of              (Provisional translation; the definitive translation will be
 3 October 1989 on the coordination of certain provisions                      published in the European Court Reports)
 laid down by law, regulation or administrative action in
 Member States concerning the pursuit of television                  In Case C-277/94 : reference to the Court under Article 177
 broadcasting activities ( OJ No L 298 , 1989 , p. 23 ), the         of the EC Treaty by the Arrondissementsrechtbank [District
 ---pagebreak--- 23 . 11 . 96          EN                 Official Journal of the European Communities                                   No C 354/3
Court], Amsterdam, tor a preliminary ruling in the                  coordination of certain provisions laid down by law,
proceedings pending before that court between Z.                    regulation or administrative action in Member States
Taflan-Met, S. Altun-Baser, E. Andal-Bugdayci and Bestuur           concerning the pursuit of television broadcasting activities
van de Sociale Verzekeringsbank, and between O. Akol and            ( OJ No L 298 , 1989 , p. 23 ), in particular Articles 2 , 14 and
Bestuur van de Nieuwe Algemene Bedrijfsvereniging, on the           15 thereof — the Court, composed of: G. C. Rodriguez
interpretation of Articles 12 and 13 of Decision No 3/80 of         Iglesias, President, C. N. Kakouris, D. A. O. Edward, J. -P.
the Association Council of 19 September 1980 on the                 Puissochet and G. Hirsch, Presidents of Chambers, G. F.
application of the social security schemes of the Member            Mancini, J. C. Moitinho de Almeida , P. J. G. Kapteyn
States of the European Communities to Turkish workers               ( Rapporteur ), C. Gulmann, J. L. Murray, P. Jann, H.
and members of their families ( OJ No C 110 , 1983 , p. 60 ),       Ragnemalm          and      L. Sevón,   Judges;      C. O. Lenz,
the Court composed of: G. C. Rodriguez Iglesias, President,         Advocate-General ;         D. Louterman-Hubeau,         Principal
D. A. O. Edward ( Rapporteur ), J. -P. Puissochet and G.            Administrator, for the Registrar, has given a judgment on
Hirsch ( Presidents of Chambers ), G. F. Mancini , J. C.            10 September 1996 , in which it :
Moitinho de Almeida , P. J. G. Kapteyn, C. Gulmann and
J. L. Murray, Judges, Advocate-General : A. La Pergola,
Registrar: H. A. Rühl , Principal Administrator, has given a        1 . declares that the Kingdom of Belgium has failed to fulfil
judgment on 10 September 1996 in which it rules :                        its obligations under Council Directive 89/552/EEC of
                                                                         3 October 1989 on the coordination of certain
                                                                         provisions laid down by law, regulation or
1 . Decision No 3/80 of the Association Council of                       administrative action in Member States concerning the
     19 September 1980 on the application of the social                  pursuit oftelevision broadcasting activities, in particular
     security schemes of the Member States of the European               Articles 2 , 14 and 15 thereof,
     Communities to Turkish workers and members of their
     families entered into force on the date on which it was             — as regards the French Community, by maintaining,
     adopted, namely 19 September 1980, and has been                         in the French-speaking region, a system of prior
     binding on the Contracting Parties since then.                          authorization for the retransmission by cable of
                                                                             television broadscasts emanating from other
                                                                             Member States;
2 . So long as the supplementary measures essential for
     implementing Decision No 3/80 have not been adopted
     by the Council, Articles 12 and 13 of that decision do              — as regards the French Community, by maintaining,
     not have direct effect in the territory of the Member                   in the French-speaking region, a system of express,
     States and are therefore not such as to entitle individuals             conditional       prior    authorization     for      the
     to rely on them before the national courts.                             retransmission by cable of television broadcasts
                                                                             emanating from other Member States which contain
                                                                             commercial advertising or teleshopping programmes
(') OJ No C 370 , 21 . 12 . 1994 .                                           especially intended for viewers in the French
                                                                              Community;
                                                                         — as regards the Flemish community, by maintaining,
                                                                             in the Dutch-speaking region, a system of prior
                                                                             authorization for the retransmission by cable of
                                                                              television broadcasts emanating from other Member
               JUDGMENT OF THE COURT                                         States;
                    of 10 September 1996
in    Case    C-11/95 : Commission of the              European          — as regards the bilingual Metropolitan Region of
           Communities v. Kingdom of Belgium ( 1 )                            Brussels, by failing to adopt the laws, regulations
                                                                             and administrative measures necessary to comply
 (Directive 89/552/EEC — Transmission ofprogrammes by                         with Article 2 (2) of Directive 89/552;
                              cable)
                         ( 96/C 354/05 )                                 — as regards the French Community, by failing to
                                                                              adopt the laws, regulations and administrative
                (Language of the case: French)                                measures necessary to comply fully with Articles 14
                                                                              and 15 of Directive 89/552 ;
 (Provisional translation; the definitive translation will be
          published in the European Court Reports)                  2 . dismisses the remainder of the application;
In Case C-11 /95 : Commission of the European                        3 . orders the Kingdom of Belgium to pay the costs.
Communities ( Agent: Pieter van Nuffel ) v. Kingdom of
Belgium ( Agent: Jan Devadder, assisted by Alain                     (') OJ No C 54 , 4 . 3 . 1995 .
Berenboom ) — application for a declaration that the
Kingdom of Belgium has failed to fulfil its obligations under
 Council Directive 89/552/EEC of 3 October 1989 on the