CELEX: C1996/158/08
Language: en
Date: 1996-06-01 00:00:00
Title: Reference for a preliminary ruling from the Tribunal d'Instance, Lille, by judgment of that court of 19 March 1996 in the case of Directeur Général des Douanes et Droits Indirects v. Eridania Béghin-Say SA (Case C-103/96)

No C 158/4                  EN                   Official Journal of the European Communities                                      1 . 6 . 96
      exploitation of copyright vis-à-vis the other Member                       criterion for ascertaining whether there is a pronounced
      States of the European Union ?                                             sexual odour; that leads to the systematic rejection of
                                                                                 imports from Denmark, where testing is done by the
C ) Società Italiana Autori ed Editori — Italian Society of Authors              ' scatol ' method recognized by the competent authorities
     and Publishers .                                                            there . The German authorities wrongly invoke
                                                                                 Article 7 ( 1 ) ( b ) of the Directive, since the German
                                                                                 practice is not directed to control by spot checks of
                                                                                 compliance with the Community rules but to the
                                                                                 systematic enforcement of a method which is recognized
                                                                                 by Germany as the only reliable one .
                                                                            — Infringement of the conditions under Community law
Action brought on 27 March 1996 by the Commission of
                                                                                 for a declaration of unfitness for consumption under
the European Communities against the Federal Republic of
                                                                                 Article 5 of Directive 64/433/EEC as amended by
                                  Germany
                                                                                 Directive 91 /497/EEC : In the framework of control by
                             ( Case C- 1 02/96 )                                 spot checks, the country of destination may indeed apply
                               ( 96/C 158 /07 )                                  a suitable method of its own choice, but it is not entitled
                                                                                 on that basis to deny the fitness for consumption of all
                                                                                 consignments of meat which have been found to be fit
An action against the Federal Republic of Germany was                            for consumption in the country of origin . That would
brought before the Court of Justice of the European                              not be compatible with the principle of the internal
Communities on 27 March 1996 by the Commission of the                            market, nor with Article 8 of Directive 89/662/EEC,
European Communities, represented by Klaus-Dieter                                which provides for a sort of arbitration procedure in
Borchardt, of its Legal Service, with an address for service in                  which the Commission plays a decisive part.
Luxembourg at the office of Carlos Gomez de la Cruz, of its
Legal Service , Wagner Centre, Kirchberg.                                        That procedure has already led, with respect to the
                                                                                 ' scatol' method applied in Denmark , whose reliability
The applicant claims that the Court should :                                     was also doubted by France, to a confirmation of that
                                                                                 method; unlike the French authorities, the German
 1 , declare that, by imposing the special obligation of                         authorities refuse to respect that result.
      marking and subjecting to heat treatment under
      Article 6 ( 1 ) ( b ) of Directive 64/433/EEC ( ! ) the carcases      — Breach of Article 30 of the EC Treaty: The German
      of uncastrated male pigs if the meat, regardless of the                    Federal Government wrongly invokes compelling
      carcase weight, has an androstenone content of more                         reasons of consumer protection . The requirements with
      than 0,5 ^ig/g, applying Professor Claus's modified                        respect to the production and placing on the market of
      immunoenzyme test,                                                          fresh meat for human consumption have been fully
                                                                                  harmonized by Directives 64/433/EEC ( as amended
                                                                                  by Directive " 91 /497/EEC ) and 89/662/EEC . The
      and by regarding the meat as giving off a pronounced
      sexual odour and consequently unfit for human                               declaration on the problem of boar's meat made by the
                                                                                  Council and Commission when Directive 91 /497/EEC
      consumption under Article 5 ( 1 ) ( o ) of Directive
                                                                                  was adopted has merely a clarifying function and cannot
      64/433/EEC if the threshold of 0,5 juig/g of androstenone
      is exceeded,
                                                                                  be interpreted in a way which is incompatible with the
                                                                                  wording of the Directive .
      the Federal Republic of Germany has failed to fulfil its
      obligations under Article 6 ( 1 ) ( b ) and Article 5 ( 1 ) ( o )     (') OJ , English Special Edition 1963-1964 , p . 185 .
                                                                            C-) OJ No L 268 , 1991 , p . 69 .
      of Directive 64/433/EEC as amended by Directive                       (■') OJ No L 395 , 1989 , p . 13 .
      91 /497/EEC ( 2 ) in conjunction with Articles 5 ( 1 ), 7
      and 8 of Directive 89/662/EEC ( 3 ) and under Article 30
      of the EC Treaty;
 2 , order the defendant to pay the costs .
                                                                            Reference for a preliminary ruling from the Tribunal
 Pleas in law and main arguments                                            d'Instance, Lille, by judgment of that court of 19 March
                                                                            1996 in the case of Directeur Général des Douanes et Droits
 — Infringement of the conditions under Community law                                       Indirects v. Eridania Béghin-Say SA
      for imposing a special obligation of marking and heat                                            ( Case C-103/96 )
      treatment under Article 6 of Directive 64/433/EEC as
      amended by Directive 91 /497/EEC : The German                                                      ( 96/C 158/08 )
      authorities' requirement of marking and subjecting to
      heat treatment if appropriate even carcases of less than              Reference has been made to the Court of Justice of the
      80 kilograms is clearly contrary to Article 6 ( 1 ) ( b ) of the      European Communities by judgment of the Tribunal
      Directive . Also contrary to that provision is the                    d'Instance ( District Court ), Lille , of 19 March 1996 , which
      unilateral determination of a specified test as the                   was received at the Court Registry on 28 March 1996 , for a
 ---pagebreak--- 1 . 6 . 96             EN                   Official Journal of the European Communities                                        No C 158/5
preliminary ruling in the case of Directeur Général des                1 . Having regard to the facts held to be proved ( ) in part 3
Douanes et Droits Indirects v. Eridania Béghin-Say SA on                      of this judgment ( above all those set out in paragraphs A
the following questions :                                                     to D and L, commencing on the 7th folio and ending on
                                                                              the 12th folio ) and the applicable Community
( 1 ) Is Article 9 of Council Regulation ( EEC )                              provisions, is the dual (2 ) tariff classification assigned to
       No 3677/86 (') of 24 November 1986 laying down                         the goods in question by the Tribunal Técnico de l a
       provisions for the implementation of Regulation                        Instância and later confirmed by the Tribunal Técnico
       No 1999/85 ( 2 ) valid, in that it provides that, in order             de 2 a Instância and the Tribunal Tributârio de 2a
       for goods to rank as equivalent goods, they must fall                  Instância correct ?
       within the same subheading of the Common Customs
       Tariff as the import goods, notwithstanding that the            2 . If not, what is the proper tariff classification ?
       basic regulation, Regulation No 1999/85 of 16 July
       1985 , does not lay down any such condition ?
                                                                       (') The imported goods are an electrical apparatus of the make
( 2 ) Is Article 9 of Council Regulation ( EEC ) No 3677/86 of               Merlin Gerin , model : Alpes 100 12 KVA, comprising :
       24 November 1986 valid , in that it provides that, in                 ( a ) a cabinet containing:
       order for goods to rank as equivalent goods, they must                      1 , a rectifier-charger which feeds, from the electricity
       fall within the same subheading of the Common                                   network , an undulator and maintains a battery on
       Customs Tariff as the import goods, notwithstanding                             charge;
                                                                                   2 , an    undulator    which converts direct current into
       that such a condition gives rise to disproportionate                            regulated alternating current;
       effects for economic operators ?                                            3 , a static inverter switch which enables surges to be
                                                                                       absorbed without giving rise to a disproportionate
( 3 ) Is Article 9 of Council Regulation ( EEC ) No 3677/86 of                         feed ;
       24 November 1986 valid, having regard to the                          ( b ) a second cabinet containing a sealed set of lead-acid
       principles of the protection of legitimate expectations                     accumulators which can operate independently for 30
       and legal certainty, in that it provides that, in order for                 minutes .
       goods to rank as equivalent goods, they must fall within        ( 2 ) The rectifier/charger, the AC converter and the inverter were
       the same subheading of the Common Customs Tariff as                   classified under tariff heading 85.01 B.II.(f) and the cabinet
       the import goods, notwithstanding that that Article,                  containing the accumulators was classified under heading 85.04
                                                                             B.I.
       combined with the provisions of Regulation
       No 2658/87 on the combined nomenclature ( 3 ),
       suddenly made it impossible, with effect from
        1 January 1988 and only until 1 January 1992, for
       persons to avail themselves of the inward-processing
       relief arrangements in respect of compensation on an
       equivalent basis as between cane sugar and beet
       sugar ?
                                                                       Action brought on 3 April 1996 by the Commission of the
                                                                            European Communities against the Kingdom of Spain
(') OJ No L 351 , 1986 , p . 1 .
( 2 ) OJ No L 188 , 1985 , p . 1 .                                                                   ( Case C-107/96 )
C ) OJ No L 256 , 1987, p . 1 .                                                                        ( 96/C 158/ 10 )
                                                                       An action against the Kingdom of Spain was brought before
                                                                       the Court of Justice of the European Communities on
                                                                       3 April 1996 by the Commission of the European
Reference for a preliminary ruling by order of the Supremo              Communities, represented by Richard Wainwright,
Tribunal Administrative ( Second Division — Taxation                   Principal Legal Adviser, and Fernando Castillo de la Torre,
Matters ) of 28 February 1996 in the proceedings pending               of its Legal Service, with an address for service in
before that court between Codiesel — Sociedade de Apoio                 Luxembourg at the office of Carlos Gômez de la Cruz,
Técnico       à   Industria,    Lda,   and   Conselho     Técnico      Wagner Centre .
                              Aduaneiro
                         ( Case C-105 /96 )
                           ( 96/C 158/09 )
                                                                       The applicant claims that the Court should :
 Reference has been made to the Court of Justice of the                 1 , declare that, by failing to adopt and bring into force,
 European Communities by an order of the Supremo                               within the prescribed period, the laws, regulations or
 Tribunal Administrative ( Supreme Administrative Court)                       administrative provisions necessary to comply with
 ( Second Division — Taxation Matters ) of 28 February                         Council Directive 91 /156/EEC ( 1 ) of 18 March 1991
 1996 , which was received at the Court Registry on 1 April                    amending Directive 75/442/EEC ( 2 ) on waste , the
 1 996 , for a preliminary ruling in the proceedings pending                   Kingdom of Spain has failed to fulfil its obligations
 before that court between Codiesel — Sociedade de Apoio                       under Articles 5 and 189 of the Treaty establishing the
 Técnico à Industria, Lda, and Conselho Técnico Aduaneiro                      European Community;
 ( Customs      Examination        Board ) on    the    followings
 questions :                                                            2 , order the defendant to pay the costs .