CELEX: C1996/336/07
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 27 June 1996 in Case C-293/94 (reference for a preliminary ruling from the Rechtbank van Eerste Aanleg, Turnhout): criminal proceedings against Jacqueline Brandsma (Free movement of goods - Derogations - Protection of public health - Powers of the Member States - Biocides)

No C 336/4            EN                   Official Journal of the European Communities                                       9 . 11 . 96
Article 30 of the EC Treaty precludes national legislation                 tests have already been carried out in that other Member
concerning model-year dates for motor vehicles which                       State and their results are available to those authorities
causes the administrative authorities and traders of the                   or may at their request be placed at their disposal.
Member State in question to consider that, where two motor
vehicles of the same model and make are sold in that                  (>) OJ No C 370 , 24 . 12 . 1994 .
Member State after 30 June, only the vehicle which was the
subject of a parallel import would be prohibited from
holding itself out as being of the following model year.
(') OJ No C 229 , 2 . 9 . 1995 .
                                                                                     JUDGMENT OF THE COURT
                                                                                                of 2 July 1996
                                                                            in Case C-473/93 : Commission of the European
                                                                            Communities v. Grand Duchy of Luxembourg ( 1 )
              JUDGMENT OF THE COURT                                   (Failure of a Member State to fulfil its obligations —
                         ( First Chamber )                            Freedom of movement for persons — Employment in the
                                                                                                 public service)
                         of 27 June 1996
                                                                                                 ( 96/C 336/08 )
in Case C-293/94 ( reference for a preliminary ruling from
the Rechtbank van Eerste Aanleg, Turnhout ): criminal
        proceedings against Jacqueline Brandsma (')                                    (Language of the case: French)
(Free movement ofgoods — Derogations — Protection of
public health — Powers of the Member States —                         (Provisional translation; the definitive translation will be
                              Biocides)                                         published in the European Court Reports)
                           ( 96/C 336/07 )
                                                                      In Case C-473/93 : Commission of the European
                (Language of the case: Dutch)                         Communities ( Agent: Dimitrios Gouloussis ) v. Grand
                                                                      Duchy of Luxembourg ( Agent : Alain Lorang) —
                                                                      Application for a declaration that, by maintaining a
(Provisional translation; the definitive translation will be          nationality requirement in relation to workers who are
         published in the European Court Reports)                     nationals of other Member States as regards access to civil
                                                                      servants ' or public employees ' posts in the public sectors of
In Case C-293/94 : reference to the Court under Article 177           research , teaching, health, inland transport, posts and
of the EC Treaty by the Rechtbank van Eerste Aanleg ( First           telecommunications, and in the water, gas and electricity
Instance Court ), Turnhout ( Belgium ), for a preliminary             distribution services, the Grand Duchy of Luxembourg has
ruling in the criminal proceedings against Jacqueline                 failed to fulfil its obligations pursuant to Article 48 of the EC
Brandsma on the interpretation of Articles 30 and 36 of the           Treaty and Articles 1 and 7 of Council Regulation ( EEC )
EC Treaty, the Court ( First Chamber ) composed of:                   No 1612/68 of 15 October 1968 on freedom of movement
D. A. O. Edward, President of the Chamber, L. Sevon                   for workers within the Community ( 2 ) — the Court
( Rapporteur ) and M. Wathelet, Judges, Advocate-General :            composed of: G. C. Rodriguez Iglesias, President, C. N.
N. Fennelly, Registrar: D. Louterman-Hubeau, Principal                Kakouris , D. A. O. Edward, J. -P. Puissochet and G. Hirsch
Administrator, has given a judgment on 27 June 1996 in                ( Presidents    of    Chambers ),    G.    F. Mancini ,     F.   A.
which it rules :                                                      Schockweiler, J. C. Moitinho de Almeida , P. J. G. Kapteyn,
                                                                      C. Gulmann, J. L. Murray, P. Jann ( Rapporteur ), H.
1 . A legal provision of a Member State prohibiting                   Ragnemalm , L. Sevon and M. Wathelet, Judges;
    pesticides for non-agricultural use which have not been           Advocate-General : P. Leger, Registrar: D. Loutermann­
    previously authorized from being marketed, acquired,              Hubeau , Principal Administrator, has given a judgment on
    offered, put on display or sale, kept, prepared,                  2 July 1996 , in which it:
    transported, sold, disposed of for valuable
    consideration or free of charge, imported or used,                1 . Declares that, in not restricting the requirement of
    constitutes a measure having an effect equivalent to a                 Luxembourg nationality to access to civil servants ' and
    quantitative restriction within the meaning ofArticle 30               public employees ' posts involving direct or indirect
    of the EC Treaty.                                                      participation in the exercise of powers conferred by
                                                                           public law and duties designed to safeguard the general
2 . National legislation prohibiting the marketing of a                    interests of the State or of other public authorities in the
     biocidal product containing dangerous substances, such                public sectors of research, education, health , inland
    as the product at issue, without prior authorization from              transport, posts and telecommunications, and in the
     the competent authorities is justified pursuant to                    water, gas and electricity distribution services, the
    Article 36 of the EC Treaty, even if that product has                  Grand Duchy of Luxembourg has failed to fulfil its
    already been authorized for sale in another Member                     obligations pursuant to Article 48 of the EC Treaty and
    State. The competent authorities are not, however,                     Article 1 of Council Regulation (EEC) No 1612/68 of
    entitled unnecessarily to require technical or chemical                15 October 1 968 on freedom of movement for workers
    analyses or laboratory tests when the same analyses or                 within the Community;