CELEX: C1997/142/03
Language: en
Date: 1997-05-10 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 13 March 1997 in Case C-103/96 (reference for a preliminary ruling from the Tribunal d'Instance, Lille): Directeur Général des Douanes et Droits Indirects v. Eridania Beghin-Say SA (Customs duties - Inward processing arrangements - Equivalent compensation system - Cane sugar and beet sugar)

No C 142/2               EN                  Official Journal of the European Communities                                     10 . 5 . 97
a preliminary ruling in the proceedings pending before                  provisions for the implementation of Regulation ( EEC )
that court between Tommaso Morellato and Unità Sanita­                  No 1999/85 on inward processing relief arrangements ( OJ
ria    Locale    (USL )     No    11 ,  Pordenone    —   on   the       No L 351 , 12 . 12 . 1986 , p. 1 ) — the Court ( Fifth
interpretation of Articles 30 and 36 of the EC Treaty —                 Chamber ), composed of: J. C. Moitinho de Almeida,
the Court ( First Chamber ), composed of: L. Sevón,                     President of the Chamber, C. Gulmann ( Rapporteur ),
President of the Chamber, D. A. O. Edward ( Rapporteur )                D. A. O. Edward, J. -P. Puissochet and M. Wathelet,
and P. Jann, Judges; D. Ruiz-Jarabo Colomer, Advocate­                  Judges; D. Ruiz-Jarabo Colomer, Advocate-General; L.
General ; R. Grass, Registrar, has given a judgment on                  Hewlett, Administrator, for the Registrar, has given a
 13 March 1997, in which it has ruled:                                  judgment on 13 March 1997, in which it has ruled :
 1 . The application to products lawfully manufactured                  Consideration of Council Regulation (EEC) No 3677/86
     and marketed in other Member States of national                    of 24 November 1986 laying down provisions for the
     legislation prohibiting the marketing of bread with a              implementation of Regulation (EEC) No 1999/85 on
     moisture content exceeding 34% or an ash content                   inward processing relief arrangements has not, in the light
     lower than 1,40% or containing bran constitutes a                  of the order for reference, disclosed any factor of such a
     measure having an effect equivalent to a quantitative              kind as to affect its validity.
     restriction within the meaning of Article 30 of the EC
     Treaty and is not justified under Article 36 of the                (') OJ No C 158 , 1 . 6 . 1996 .
     Treaty by the need to protect public health.
2 . The national court is under a duty to give full effect to
     Article 30 of the Treaty by disapplying on its own
     initiative provisions of national law conflicting with it.
                                                                                      JUDGMENT OF THE COURT
(') OJ No C 16 , 20 . 1 . 1996 .                                                                  (Fifth Chamber)
                                                                                                 of 13 March 1997
                                                                        in   Case   C-197/96: Commission of the European
                                                                                    Communities v. French Republic (')
                                                                        (Failure of a Member State to fulfil its obligations —
                                                                        Equal treatment for men and women — Prohibition of
                JUDGMENT OF THE COURT                                                                 nightwork)
                          ( Fifth Chamber)
                                                                                                   ( 97/C 142/04 )
                         of 13 March 1997
in Case C-103/96 (reference for a preliminary ruling from                               (Language of the case: French)
the Tribunal d'Instance, Lille ): Directeur Général des
  Douanes et Droits Indirects v. Eridania Beghin-Say SA (')
(Customs duties — Inward processing arrangements —                        (Provisional translation; the definitive translation will be
Equivalent compensation system — Cane sugar and beet                             published in the European Court Reports)
                                 sugar)
                            ( 97/C 142/03 )
                                                                        In Case C-197/96 : Commission of the European
                                                                        Communities ( Agent: Marie Wolfcarius ) v. French
                                                                        Republic ( Agents : Catherine de Salins and Claude
                 (Language of the case: French)                         Chavance ) — application for a declaration that by
                                                                        maintaining in force Article L 213-1 of the Code du
                                                                        Travail prohibiting nightwork by women in industry
                                                                        whereas no such prohibition exists in relation to men, the
  (Provisional translation; the definitive translation will be          French Republic has failed to fulfil its obligations under
          published in the European Court Reports)                      Article   5  (1)   of Council       Directive 76/207/EEC of
                                                                        9 February 1976 on the implementation of the principle of
                                                                        equal treatment for men and women as regards access to
In Case C-103/96 : reference to the Court under Article 177             employment, vocational training and promotion, and
of the EC Treaty from the Tribunal d'Instance ( District                working conditions ( OJ No L 39 , 14 . 2 . 1976 , p. 40 ) —
Court), Lille, for a preliminary ruling in the proceedings              the Court ( Fifth Chamber ), composed of: J. C. Moitinho
pending before that court between Directeur General des                 de Almeida, President of the Chamber, L. Sevón, D. A. O.
Douanes et Droits Indirects and Eridania Beghin-Say SA                  Edward ( Rapporteur), J. -P. Puissochet and P. Jann, Judges;
— on the validity of Article 9 of Council Regulation                    G. Tesauro, Advocate-General; R. Grass, Registrar, has
( EEC ) No 3677/86 of 24 November 1986 laying down                      given a judgment on 13 March 1997, in which it: