CELEX: C1997/074/08
Language: en
Date: 1997-03-08 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 23 January 1997 in Case C-29/95 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen: Eckehard Pastoors, Trans-cap GmbH v. Belgian State (Road transport - Council Regulations (EEC) No 3820/85 and 3821/85 - Implementing national provisions)

8 . 3 . 97           fWl                  Official Journal of the European Communities                                   No C 74/5
The reference quantity allocated to a producer by a                  than that fixed in the .case of immediate payment, in
Member State in 1984 under the additional levy system is             default of which their vehicle will be impounded.
attached to all the land, owned or leased, which is
operated by the producer for milk production, even if part           H OJ No C 87, 8 . 4 . 1995 .
of the land is situated in another Member State. On expiry
of a lease, the reference quantity reverts to the lessor,
where the former lessee does not intend to continue milk
production.
H OJ No C 43 , 12. 2 . 1994 .
                                                                                   JUDGMENT OF THE COURT
                                                                                            ( Fourth Chamber)
                                                                                           of 23 January 1997
                                                                     in Case C-153/95 ( reference for a preliminary ruling from
                                                                     the Raad van State van Belgie ): Andre en Co. NV v.
               JUDGMENT OF THE COURT                                                          Belgian State (')
                        ( Sixth Chamber)                                   (Monetary compensatory amounts — Exemption)
                      of 23 January 1997                                                        ( 97/C 74/09 )
in Case C-29/95 (reference for a preliminary ruling from
the Rechtbank van eerste aanleg te Antwerpen: Eckehard                               (Language of the case: Dutch)
         Pastoors, Trans-cap GmbH v. Belgian State (')
(Road transport — Council Regulations (EEC) No 3820/
    85 and 3821/85 — Implementing national provisions)                 (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
                           ( 97/C 74/08 )
                                                                     In Case C-153/95 : reference to the Court under Article 177
                 (Language of the case: Dutch)                       of the EC Treaty from the Raad van State, Belgium, for a
                                                                     preliminary ruling in the proceedings pending before that
                                                                     court between Andre en Co. NV and Belgian State — on
                                                                     the interpretation of Commission Regulation ( EEC )
  (Provisional translation; the definitive translation will be       No 926/80 of 15 April 1980 on exemption from the
           published in the European Court Reports)                  application of monetary compensatory amounts in certain
                                                                     cases ( OJ No L 99 , 1980, p. 15 ) — the Court ( Fourth
                                                                     Chamber), composed of: C. N. Kakouris ( Rapporteur )
In Case C-29/95 reference to the Court under Article 177             acting as President, P. J. G. Kapteyn and H. Ragnemalm,
of the EC Treaty by the Rechtbank van eerste aanleg te               Judges; A. La Pergola, Advocate-General; L. Hewlett,
Antwerpen ( Belgium ) for a preliminary ruling in the                Administrator, for the Registrar, has given a judgment on
proceedings pending before that court between Eckehard               23 January 1997, in which it has ruled:
Pastoors, Trans-Cap GmbH and Belgian State — on the
interpretation of Article 6 of the EC Treaty and the
general principle of equality laid down by Community law              1 . Article 8 (2) (b) of Commission Regulation (EEC)
— the Court composed of: G. F. Mancini, President of                      No 926/80 of 15 April 1980 on exemption from the
Chamber, J. L. Murray, C. N. Kakouris ( Rapporteur ),                     application of monetary compensatory amounts
P. J. G. Kapteyn and G. Hirsch, Judges, Advocate-General;                 (MCAs) in certain cases is to be interpreted as
 G. Tesauro, L. Hewlett, Administrator, for the Registrar,                applying also where the exported product had
has given a judgment on 23 January 1997, in which it                      previously been imported within the six months
rules :                                                                   preceding its exportation.
Article 6 of the EC Treaty precludes national legislation             2. Article 8 (2) (b) of Regulation (EEC) No 926/80 is to
 adopted in implementation of Council Regulation (EEC)                    be interpreted as meaning that, in order to refuse
 No 3820/85 of 20 December 1985 on the harmonization                      exemption from payment of MCAs, it is sufficient for
 of certain social legislation relating to road transport and             the same product to be exported within six months
 Council Regulation (EEC) No 3821 /85 of 20 December                      of its importation, irrespective of whether it was
 1985 on recording equipment in road transport which, in                  imported by the same or another trader.
 cases of infringement, imposes only on non-residents who
 opt for continuation of the normal criminal proceedings              H OJ No C 189 , 22 . 7 . 1995 .
 against them rather than for immediate payment of the
 prescribed fine the obligation to deposit a fixed sum by
 way of security in respect of each offence, which is higher