CELEX: C1998/327/07
Language: en
Date: 1998-10-24 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 17 September 1998 in Case C-412/96 (reference for a preliminary ruling from the Korkein Hallinto-oikeus): Proceedings brought by Kainuun Liikenne Oy and Oy Pohjolan Liikenne Ab (Transport - Public service obligations - Application for termination of part of a service obligation)

C 327/4                EN                 Official Journal of the European Communities                                     24.10.98
S. Alber, Advocate General; H. von Holstein, Deputy                  G. F. Mancini, J. L. Murray (Rapporteur), G. Hirsch and
Registrar, for the Registrar, has given a judgment on                K. M. Ioannou, Judges; S. Alber, Advocate General; R.
17 September 1998, in which it:                                      Grass, Registrar, has given a judgment on 17 September
                                                                     1998, in which it has ruled:
1. Declares that,
                                                                     1. Council Directive 91/414/EEC of 15 July 1991
     Ð by failing to publish a contract notice in the
                                                                          concerning the placing of plant protection products
         Official Journal of the European Communities
                                                                          on the market requires prior authorisation, granted
         both for the overall project and for each of the lots
                                                                          pursuant to either Article 4 or Article 8, to be
         relating to the construction of the premises of the
                                                                          obtained from the competent authority of each
         Vlaamse Raad, and
                                                                          Member State in which a pesticide covered by that
                                                                          directive is placed on the market.
     Ð by failing to apply the award procedures laid
         down in Council Directive 71/305/EEC of 26 July
         1971 concerning the coordination of procedures              2. National legislation which prohibits a biocidal product
         for the award of public works contracts, as                      not previously authorised by the competent authority
         amended by Council Directive 89/440/EEC                          from being placed on the market constitutes a measure
         of 18 July 1989, and Council Directive 93/37/EEC                 having an effect equivalent to a quantitative restriction
         of 14 June 1993 concerning the coordination                      within the meaning of Article 30 of the EC Treaty
         of procedures for the award of public works                      which is justified under Article 36 of that Treaty, even
         contracts and, more specifically, by having                      if that product has already been authorised in another
         awarded lot No 4 by negotiated procedure without                 Member State, provided that technical or chemical
         justification,                                                   analyses or laboratory tests are not unnecessarily
                                                                          required when the same analyses and tests have
     the Kingdom of Belgium has failed to fulfil its                      already been carried out in that other Member State
     obligations under those directives and, more                         and their results are available to the competent
     specifically, under Articles 7 and 11(2) and (9) of                  authorities of the importing Member State or can, at
     Directive 93/37;                                                     their request, be made available to them.
2. Orders the Kingdom of Belgium to pay the costs.                   (1) OJ C 40, 8.2.1997.
(1) OJ C 354, 23.11.1996.
                                                                                    JUDGMENT OF THE COURT
                JUDGMENT OF THE COURT                                                        (Sixth Chamber)
                        (Sixth Chamber)                                                   of 17 September 1998
                     of 17 September 1998                            in Case C-412/96 (reference for a preliminary ruling
in Case C-400/96 (reference for a preliminary ruling                 from the Korkein Hallinto-oikeus): Proceedings brought
from the Tribunal Correctionnel, Charleroi): Criminal                 by Kainuun Liikenne Oy and Oy Pohjolan Liikenne Ab (1)
            proceedings against Jean Harpegnies (1)
                                                                     (Transport Ð Public service obligations Ð Application for
(Plant protection products Ð National legislation                              termination of part of a service obligation)
requiring approval by the competent authorities Ð
                                                                                              (98/C 327/07)
                  Article 30 of the EC Treaty)
                          (98/C 327/06)
                                                                                     (Language of the case: Finnish)
                 (Language of the case: French)
                                                                       (Provisional translation; the definitive translation will be
  (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
          published in the European Court Reports)
In Case C-400/96: reference to the Court under Article 177           In Case C-412/96: reference to the Court under Article 177
of the EC Treaty from the Tribunal Correctionnel                     of the EC Treaty from the Korkein Hallinto-oikeus
(Criminal Court), Charleroi (Belgium), for a preliminary             (Supreme Administrative Court) (Finland) for a preliminary
ruling in the criminal proceedings pending before that               ruling in the proceedings pending before that court brought
court against Jean Harpegnies Ð on the interpretation of             by Kainuun Liikenne Oy and Oy Pohjolan Liikenne Ab Ð
Article 30 of the EC Treaty Ð the Court (Sixth Chamber),             on the interpretation of Regulation (EEC) No 1191/69 of
composed of: H. Ragnemalm, President of the Chamber,                 the Council of 26 June 1969 on action by Member States
 ---pagebreak--- 24.10.98              EN                  Official Journal of the European Communities                                    C 327/5
concerning the obligations inherent in the concept of a              pending before that court between Ermanno Agostini and
public service in transport by rail, road and inland                 Emanuele Agostini and Ligue Francophone de Judo et
waterway (OJ, English Special Edition 1969 (I), p. 276),             Disciplines AssocieÂes ASBL and Ligue Belge de Judo ASBL
as amended by Council Regulation (EEC) No 1893/91 of                 on the interpretation of Articles 6, 48 and 59 of the EC
20 June 1991 (OJ L 169, 29.6.1991, p. 1), in particular              Treaty, of Regulation (EEC) No 1612/68 of the Council of
Article 1(3) in conjunction with Article 4 thereof Ð the             15 October 1968 on freedom of movement for workers
Court (Sixth Chamber), composed of: H. Ragnemalm,                    within the Community (OJ, English Special Edition
President of the Chamber, R. Schintgen, G. F. Mancini,               1968 (II), p. 475), and of Council Directive 73/148/EEC
P. J. G. Kapteyn (Rapporteur) and G. Hirsch, Judges;                 of 21 May 1973 on the abolition of restrictions on
P. LeÂger, Advocate General; H. von Holstein, Deputy                 movement and residence within the Community for
Registrar, for the Registrar, has given a judgment on                nationals of Member States with regard to establishment
17 September 1998, in which it has ruled:                            and the provision of services (OJ L 172, 19.6.1973, p. 14)
                                                                     Ð the Court, composed of: G. C. Rodríguez Iglesias,
                                                                     President, C. Gulmann, H. Ragnemalm, M. Wathelet and
Regulation (EEC) No 1191/69 of the Council of 26 June                R. Schintgen, Presidents of Chambers, G. F. Mancini
1969 on action by Member States concerning the                       (Rapporteur), J. C. Moitinho de Almeida, P. J. G.
obligations inherent in the concept of a public service in           Kapteyn, J. L. Murray, D. A. O. Edward, J.-P. Puissochet,
transport by rail, road and inland waterway, as amended              G. Hirsch, P. Jann, L. Sevón and K. M. Ioannou, Judges,
by Council Regulation (EEC) No 1893/91 of 20 June                    G. Cosmas, Advocate General, R. Grass, Registrar, made
1991, in particular Article 1(3) and Article 4 thereof, must         an order on 8 July 1998, the operative part is as follows:
be construed as not obliging the Member States to grant
an application by a transport undertaking for partial
termination of its public service obligation, even if that
undertaking shows that maintaining the obligation                    The reference for a preliminary ruling made by the
involves economic disadvantages for it. However, the only            Tribunal de PremieÁre Instance, Namur, by order of that
ground for refusing such an application is the need to               court of 5 January 1998, is inadmissible.
ensure adequate transport services. That concept is to be
assessed, in accordance with Article 3 of Regulation
                                                                     (1) OJ C 72, 7.3.1998.
(EEC) No 1191/69, by reference to the public interest, the
possibility of having recourse to other forms of transport
and the ability of such forms to meet the transport needs
under consideration, and the transport rates and
conditions which can be quoted to users. Where there
are several ways of ensuring, while satisfying similar
conditions, the provision of adequate transport services,
the competent authorities are to select the way least costly         Action brought on 23 July 1998 by the Italian Republic
to the community.                                                       against the Commission of the European Communities
                                                                                            (Case C-295/98)
(1) OJ C 74, 8.3.1997.
                                                                                             (98/C 327/09)
                                                                     An action against the Commission of the European
                                                                     Communities was brought before the Court of Justice of
                  ORDER OF THE COURT                                 the European Communities on 23 July 1998 by the Italian
                        of 8 July 1998                               Republic, represented by Professor Umberto Leanza,
                                                                     acting as Agent, assisted by Danilo Del Gaizo, Avvocato
in Case C-9/98: Ermanno Agostini and Emanuele Agostini               dello Stato, with an address for service in Luxembourg at
v Ligue Francophone de Judo et Disciplines AssocieÂes                the Italian Embassy, 5 Rue Marie-Adelaïde.
           ASBL and Ligue Belge de Judo ASBL (1)
    (Reference for a preliminary ruling Ð Inadmissibility)
                                                                     The applicant claims that the Court should:
                        (98/C 327/08)
                (Language of the case: French)                       Ð Annul Commission Decision 98/358/EC of 6 May
                                                                         1998 (1) in so far as, in clearing the accounts presented
                                                                         by the Italian Republic in respect of expenditure for
  (Provisional translation; the definitive translation will be           1994, it declares that, for the reasons set out therein,
          published in the European Court Reports)                       the amounts referred to are not chargeable to the
                                                                         EAGGF;
In Case C-9/98: reference to the Court under Article 177
of the EC Treaty from the Tribunal de PremieÁre Instance,
Namur, for a preliminary ruling in the proceedings                   Ð Order the Commission to pay the costs.