CELEX: C1996/180/21
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 28 March 1996 in Case C-272/94 (reference for a preliminary ruling from the Tribunal Correctionnel, Arlon (Belgium)): criminal proceedings before that court against Michel Guiot and Climatec SA (Employer's contributions - Loyalty stamps - Bad-weather stamps - Freedom to provide services)

22 . 6 . 96           EN                   Official Journal of the European Communities                                  No C 180/ 11
     obtaining a supply of services, which are necessary for                          JUDGMENT OF THE COURT
     the accomplishment of the Communities ' task, and the                                     ( Sixth Chamber )
     amount ofwhich exceeds the threshold laid down by the
     legislation in question.                                                                of 28 March 1996
                                                                      in Case C-299/94 ( reference for a preliminary ruling from
                                                                      the High Court of Ireland ): Anglo Irish Beef Processors
(M OJ No C 233 , 20 . 8 . 1994 .
                                                                      International and Others v. Minister for Agriculture, Food
                                                                                                 and Forestry (')
                                                                      (Differentiated export refunds — Force majeure —
                                                                      Additional security — Release of security — Resolution of
                                                                                          the UN Security Council)
                                                                                                  ( 96/C 180/22 )
               JUDGMENT OF THE COURT
                        ( First Chamber)
                                                                                       (Language of the case: English)
                      of 28 March 1996
in Case C-272/94 ( reference for a preliminary ruling from            In Case C-299/94 : reference to the Court under Article 177
the Tribunal Correctionnel, Arlon ( Belgium )): criminal              of the EC Treaty from the High Court of Ireland for a
proceedings before that court against Michel Guiot and                preliminary ruling in the proceedings pending before that
                         Climatec SA ( 1 )                            court between Anglo Irish Beef Processors International and
 (Employer's contributions — Loyalty stamps —                         Others and Minister for Agriculture , Food and Forestry —
    Bad-weather stamps — Freedom to provide services)                 on the interpretation and validity of Council Regulation
                          ( 96/C 180/21 )                              ( EEC ) No 2340/90 of 8 August 1990 preventing trade by the
                                                                      Community as regards Iraq and Kuwait ( OJ No L 213 ,
                                                                       1990, p . 1 ) and Commission Regulation ( EEC ) No 3665/87
                (Language of the case: French)                        of 27 November 1987 laying down common detailed rules
                                                                      for the application of the system of export refunds on
                                                                      agricultural products ( OJNo L 351 , 1987, p . 1 ), as amended
 (Provisional translation; the definitive translation will be          by Commission Regulation ( EEC ) No 354/90 of 9 February
          published in the European Court Reports)                     1990 ( OJ No L 38 , 1990, p . 34 ), the Court ( Sixth Chamber),
                                                                      composed of C. N. Kakouris, President of the Chamber, G.
                                                                       Hirsch, G. F. Mancini , F. A. Schockweiler and P. J. G.
 In Case C-272/94 : reference to the Court under Article 177           Kapteyn ( Rapporteur ), Judges ; A. La Pergola ,
 of the EC Treaty from the Tribunal Correctionnel ( Criminal           Advocate-General ; L. Hewlett, Administrator, for the
 Court ), Arlon, for a preliminary ruling in the criminal              Registrar, gave a judgment on 28 March 1 996 , the operative
 proceedings before that court against Michel Guiot and                part of which is as follows :
 Climatec SA, as employer liable at civil law — on the
 interpretation of Articles 59 and 60 of the EC Treaty — the
 Court ( First Chamber ), composed of D. A. O. Edward                   1 . Article 33 (5) of Commission Regulation (EEC)
 ( Rapporteur ), President of the Chamber, P. Jann and L.                   No 3665/87 of 27 November 1987 laying down
 Sevôn, Judges; G. Tesauro, Advocate-General; H. A. Riihl,                  common detailed rules for the application of the system
 Principal Administrator, for the Registrar, gave a judgment                of export refunds on agricultural products, as amended
 on 28 March 1996 , the operative part of which is as                       by Commission Regulation (EEC) No 354/90 of
 follows :
                                                                            9 February 1990, is to be interpreted as meaning that
                                                                            where, owing to force majeure , goods do not reach their
                                                                            intended country of destination but are exported to
 Articles 59 and 60 of the EC Treaty preclude a Member                      other non-member countries which qualify for a lower
 State from requiring an undertaking established in another                 export refund or none at all, the security forfeited is to be
 Member State and temporarily carrying out works in the                     equal to the difference between the amount ofthe refund
 first-mentioned Member State to pay employers                              paid in advance, and that of the refund actually due.
 contributions in respect of loyalty stamps and bad-weather
 stamps with respect to workers assigned to carry out those
 works, where that undertaking is already liable for
 comparable contributions, with respect to the same workers             2 . Consideration ofRegulation (EEC) No 3665/87 has not
 and for the same period of work, in the State where it is                  disclosed any factor capable of affecting its validity.
 established.
                                                                        (M OJ No C 386 , 31 . 12 . 1994 .
 (M OJ No C 316 , 12 . 11 . 1994 .