CELEX: C1997/054/07
Language: en
Date: 1997-02-22 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 12 December 1996 in Case C-142/95 P Associazione Agricoltori della Provincia di Rovigo and Others v. Commission of the European Communities and Others (Appeal - Natural or legal persons - Act of direct and individual concern to them)

No C 54/4               EN                       Official Journal of the European Communities                                     22 . 2 . 97
     products listed in the Annex to Council Regulation                     Magistrate's Court, Turin ) and from the Pretura
     (EEC) No 383S/90 of 20 December 1990 amending                          Circondariale di Torino itself for a preliminary ruling in
     Regulations (EEC) No 3831 /90, (EEC) No 3832/90                        the criminal proceedings pending before that court against
     and (EEC) No 3833/90 in respect of the system of                       X — on the interpretation of Council Directive 90/270/
     generalized tariff preferences applied to certain                      EEC of 29 May 1990 on the minimum safety and health
     products originating in Bolivia, Colombia, Ecuador                     requirements for work with display screen equipment
     and Peru, does not apply to imports of preserved tuna                  ( fifth individual Directive within the meaning of Article 16
     in olive oil from Spain .                                              ( 1 ) of Directive 89/391 /EEC ) ( OJ No L 156 , 21 . 6 . 1990,
                                                                            p. 14 ) — the Court ( Fifth Chamber ), composed of : J. C.
2 . It is for the national court to establish whether the                   Moitinho de Almeida ( Rapporteur ), President of the
     conditions laid down in Article 5 (2) of Council                       Chamber, L. Sevon, D. A. O. Edward, P. Jann and M.
      Regulation (EEC) No 1679/79 on the post-clearance                     Wathelet, Judges; D. Ruiz-Jarabo Colomer, Advocate­
     recovery of import duties which have not been                          General ; R. Grass , Registrar, gave a judgment on
     required of the person liable for payment on goods                     12 December 1996 , the operative part of which is as
                                                                            follows :
     entered for a customs procedure involving the
      obligation to pay such duties are fulfilled. In order to
     determine whether or not the error committed by the                    1 . Article 9 ( 1 ) of Council Directive 90/270/EEC of
     authorities could reasonably have been detected by the                       29 May 1990 on the minimum safety and health
     person liable it is appropriate to take account, in                          requirements for work with display screen equipment
     particular, of the nature of the error, the professional                     (fifth individual Directive within the meaning of
      experience of the trader concerned and the degree of                        Article 16 (1 ) of Directive 89/391 /EEC) must be
      care exercised by him. The relevant factors to be taken                     interpreted as meaning that the regular eye tests for
      into account include the complexity of the legislation,                     which it provides are to be carried out on all workers
      the terms in which the purpose of the provisions at                         to whom the Directive applies and Article 9 (2) is to
      issue is expressed, recurrence of the error in question                     be interpreted as meaning that workers are entitled to
      in other measures of the Member State concerned and                         an ophthalmological examination in all cases where
     any divergence of views between the Member States as                         the eye and eyesight test carried out pursuant to
      to the proper interpretation of the relevant provisions.                    Article 9 (1 ) shows that this it necessary.
(') OJ No C 199 , 13 . 5 . 1995 ,
     OJ No C 137, 3 . 6 . 1995 , and                                        2 . On a proper construction of Articles 4 and 5 of
     OJ No C 189 , 22 . 7 . 1995 .                                                Directive 90/270/E.EC, the obligations they impose
                                                                                  apply to all workstations as defined in Article 2 (b),
                                                                                  even if they are not used by workers as defined in
                                                                                  Article 2 (c), and workstations must be adapted to
                                                                                  comply with all the minimum requirements laid down
                                                                                  in the Annex .
                JUDGMENT OF THE COURT
                                                                            (') OJ No C 208 , 12 . 8 . 1995 .
                           ( Fifth Chamber )
                      of 12 December 1996
in Joined Cases C-74/95 and C-129/95 ( references for a
preliminary ruling from the Procura della Repubblica
presso la Pretura Circondariale di Torino, Italy, and from
the Pretura Circondariale di Torino ): Criminal proceedings                                 JUDGMENT OF THE COURT
                              against X ( 1 )                                                         ( Sixth Chamber)
(Directive 90/270/EEC on the minimum safety and health                                             of 12 December 1996
requirements for work with display screen equipment —
Definition of worker — Eye and eyesight tests —                             in Case C-142/95 P Associazione Agricoltori della
Definition of workstation for the purposes of Articles 4                    Provincia di Rovigo and Others v. Commission of the
and 5 — Extent of the obligations laid down in Article 4                                  European Communities and Others (')
                                  and 5)                                     (Appeal — Natural or legal persons — Act of direct and
                              ( 97/C 54/06 )                                                    individual concern to them)
                                                                                                         ( 97/C 54/07 )
                  (Language of the case: Italian)
                                                                                              (Language of the case: Italian)
   (Provisional translation; the definitive translation will be
           published in the European Court Reports)
                                                                               (Provisional translation; the definitive translation will be
In Joined Cases C-74/95 and C-129/95 : references to the
                                                                                        published in the European Court Reports)
Court under Article 177 of the EC Treaty from the
Procura della Repubblica ( Office of the Public Prosecutor )                 In Case C-142/95 P: Associazione Agricoltori della
to     the    Pretura     Circondariale       di   Torino     ( District     Provincia di Rovigo, Associazione Polesana Coltivatori
 ---pagebreak--- 22 . 2 . 97             EN                 Official Journal of the European Communities                                   No C 54/5
Diretti di Rovigo, Consorzio Cooperative Pescatori del                General; D. Louterman-Hubeau, Principal Administrator,
Polesine, Cirillo Brena, represented by Ivone Cacciavillani,          for the Registrar, has given a judgment on 12 December
of the Venice Bar, with an address for service in                     1996 , in which it has ruled :
Luxembourg at the Chambers of Alain Lorang, 51 Rue
Albert ler — appeal against the order of the Court of
First Instance of the European Communities of                         Consideration in the light of the grounds stated in the
21 February 1995 in Case T- 117/94 Associazione                       order for reference of Articles 1 (2) and 2 (2) of
Agricoltori della Provincia di Rovigo and Others v.                   Commission Regulation (EC) No 214/94 of 31 January
Commission [ 1995 ] ECR 11-455, seeking to have that                  1994 laying down detailed rules for the application of
order set aside, the other parties to the proceedings being           Council Regulation (EC) No 130/94 with regard to the
the Commission of the European Communities ( Agent:                   import arrangements for frozen beef falling within
Lucio Gussetti ), Mauro Girello and Greguoldo Daniele —               CN code 0202 and products falling within CN code
the Court ( Sixth Chamber), composed of: G. F. Mancini ,              0206 29 91 has disclosed no factor capable of affecting
President of the Chamber, J. L. Murray, C. N. Kakouris,               their validity.
G. Hirsch and H. Ragnemalm ( Rapporteur ), Judges; D.
Ruiz-Jarabo Colomer, Advocate-General ; R. Grass,                     (') OJ No C 229 , 2 . 9 . 1995 .
Registrar, has given a judgment on 12 December 1996 , in
which it:
1 . dismisses the appeal;
2 . orders the appellants to pay the costs.                                           JUDGMENT OF THE COURT
                                                                                                (Fifth Chamber)
O OJ No C 208 , 12 . 8 . 1995 .                                                             of 12 December 1996
                                                                      in   Case C-298/95 Commission of the European
                                                                            Communities v. Federal Republic of Germany (')
                                                                      (Failure by a Member State to fulfil obligations — Failure
                                                                      to transpose Directives 78/659/EEC and 79/923/EEC
                JUDGMENT OF THE COURT                                 within the periods prescribed — Quality of fresh waters
                          (First Chamber)                             needing protection or improvement in order to support
                                                                             fish life — Quality required of shellfish waters)
                      of 12 December 1996
                                                                                                  ( 97/C 54/09 )
in Case C-241/95 (reference for a preliminary ruling from
the High Court of Justice, Queen's Bench Division ): The
                                                                                       (Language of the case: German)
Queen v. Intervention Board for Agricultural Produce, ex
         parte: Accrington Beef Co. Ltd and Others (')
(Frozen beef — Common import rules — Community                          (Provisional translation; the definitive translation will be
                   tariff quota — Newcomers)                                    published in the European Court Reports)
                            ( 97/C 54/08 )
                                                                      In Case C-298/95 : Commission of the European
                 (Language of the case: English)                      Communities ( Agent: Gotz zur Hausen ) v. Federal
                                                                      Republic of Germany ( Agents: Ernst Roder and Bernd
                                                                      Kloke ) — application for a declaration that, by failing to
  (Provisional translation; the definitive translation will be        adopt within the periods prescribed all the measures
           published in the European Court Reports)                   necessary to comply with Articles 3 and 5 of Council
                                                                      Directive 78/659/EEC of 18 July 1978 on the quality of
In Case C-241 /95 : reference to the Court under Article 177
                                                                      fresh waters needing protection or improvement in order
                                                                      to support fish life ( OJ No L 222, 14 . 8 . 1978 , p. 1 ) and
of the EC Treaty from the High Court of Justice, Queen's              Articles 3 and 5 of Council Directive 79/923/EEC of
Bench Division, for a preliminary ruling in the proceedings            30 October 1979 on the quality required of shellfish
pending before that court between The Queen and the                   waters ( OJ No L 281 , 10 . 11 . 1979, p. 47), the Federal
Intervention Board for Agricultural Produce, ex parte:                 Republic of Germany has failed to fulfil its obligations
Accrington Beef Co. Ltd and Other — on the validity of                under the EC Treaty — the Court ( Fifth Chamber ),
Articles 1 ( 2 ) and 2 ( 2 ) of Commission Regulation ( EC )          composed of: J. C. Moitinho de Almeida ( Rapporteur ),
No 214/94 of 31 January 1994 laying down detailed rules                President of the Chamber, L. Sevon, D. A. O. Edward , J.­
 for the application of Council Regulation ( EC ) No 130/94            P. Puissochet and P. Jann, Judges; F. G. Jacobs, Advocate­
 with regard to the import arrangements for frozen beef                General ; R. Grass, Registrar, has given a judgment on
 falling within CN code 0202 and products falling within               12 December 1996 , in which it:
 CN code 0206 29 91 ( OJ No L 27, 1 . 2 . 1994, p. 46 ) —
 the Court ( First Chamber ), composed of: L. Sevon,
 President of the Chamber, D. A. O. Edward and                         1 . declares that, by failing to adopt within the periods
 M. Wathelet ( Rapporteur ), Judges; P. Leger, Advocate­                   prescribed all the measures necessary to comply with