CELEX: C1996/046/25
Language: en
Date: 1996-02-17 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber, Extended Composition) of 9 January 1996 in Case T-575/93 Casper Koelman v. Commission of the European Communities (Regulation No 17 - Rejection of a complaint - Statement of reasons - National court)

17. 2 . 96                 EN                 Official Journal of the European Communities                                   No C 46/13
       avoiding the rearing of those calves in the veal crate            Circondariale ( District Magistrate's Court), Ivrea —
       systems in Member States B ?                                      Sezione Distaccata di Strambino ( Strambino Section) of
                                                                         14 December 1995 , which was received at the Court
2 . If the effect of provisions of the Directive, if valid, would        Registry on 3 January 1996, for a preliminary ruling in the
       be to require the answer 'no ' to be given to question 1 ,        criminal proceedings against Carlo Sunino and Giancarlo
       are those provisions valid ?                                      Data on the following questions :
( J ) Council Decision 78/923/EEC of 19 June 1978 concerning the
      conclusion of the European Convention for the protection of        1 . May the national laws on employment procurement and
      animals kept for farming purposes (OJ No L 323 , 17. 11 . 1978,          temporary work, which relate to matters of public
      p. 12 ).                                                                 policy because their purpose is to protect the interests of
( 2 ) Council Directive 91 /629/EEC of 19 November 1991 laying                 workers and of the national economy, be considered as
      down minimum standards for the protection of calves ( OJ No              instances of the exercise of official authority within the
      L 340 , 11 . 12 . 1991 , p. 28 ).                                        meaning of the combined provisions of Articles 66 and
                                                                               55 of the EEC Treaty ?
                                                                         2 . May the Community rules relied upon in the parties'
                                                                               defence, in the absence of specific implementing
Reference for a preliminary ruling by the Pretura
Circondariale di Ivrea — Sezione Distaccata di Strambino                       provisions in that area, be considered directly applicable
                                                                               and do they permit any person subject to public or
by order of that court of 14 December 1995 in the criminal
                                                                               private law to pursue, without specific supervision or
     proceedings against Carlo Sunino and Giancarlo Data
                                                                               authorization, any activity as an intermediary between
                              (Case C-2/96 )                                   supply and demand on the employment market and/or
                               ( 96/C 46/24 )                                  as provider of labour on a temporary basis for third
                                                                               persons, in the event that a Member State is not able
Reference has been made to the Court of Justice of the                         through its own administrative apparatus fully to meet
European Communities by order of the Pretura                                   the demand for services on the labour market ?
                                                        COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                 Regulation implementing Articles 85 and 86 of the Treaty
            ( Fourth Chamber, Extended Composition)                      ( OJ, English Special Edition 1959—1962, p. 87) — the
                                                                         Court of First Instance ( Fourth Chamber, Extended
                           of 9 January 1996                             Composition ), composed of D. P. M. Barrington, President,
in Case T-575/93 Casper Koelman v. Commission of the                     R. García-Valdecasas, K. Lenaerts, P. Lindh and J. Azizi,
                      European Communities (')                           Judges, B. Pastor, Administrator, for the Registrar, gave a
 (Regulation No 17— Rejection ofa complaint — Statement                  judgment on 9 January 1996 , in which it:
                     of reasons — National court)
                               ( 96/C 46/25 )
                                                                         1 . dismisses the applicant's claims as inadmissible in so far
                                                                               as they are not for annulment of the Commission 's
                    (Language of the case: Dutch)                              Decision of 14 October 1993 rejecting the applicant's
                                                                               complaint or for compensation;
In Case T-575/93 : Casper Koelman, resident in Brussels,                 2 . dismisses the remainder of the claims for annulment and
represented by Michel Molitor, Lambert Dupong, Pierre                          for compensation as unfounded;
Feltgen and Lucy Dupong, of the Luxembourg Bar, with an
address for service in Luxembourg at the chambers of
Michel Molitor, 14A Rue des Bains, versus Commission of                  3 . orders the applicant to pay the costs, including those of
the European Communities (Agent: Berend Jan Drijber),                          the intervener.
supported by Buma, established in Amstelveen
 (Netherlands), represented by Cornelis van Rij and Eduard
A. P. Engels, of the Amsterdam Bar, with an address for                  t 1 ) OJ No C 27, 28 . 1 . 1994 .
service in Luxembourg at the chambers of Guy Harles,
 8—10 Rue Mathias Hardt — applications concerning the
 Commission Decision of 14 October 1993 rejecting the
 applicant's complaint submitted under Article 3 (2 ) of
 Council Regulation No 17 of 6 February 1962 : First