CELEX: C1996/197/11
Language: en
Date: 1996-07-06 00:00:00
Title: JUDGMENT OF THE COURT of 23 May 1996 in Case C-5/94 (request for a preliminary ruling from the High Court of Justice, Queen's Bench Division): The Queen v. Ministry of Agriculture, Fisheries and Food, ex parte: Hedley Lomas (Ireland) Ltd (Free movement of goods - Protection of animals - Harmonizing Directive - Article 36 of the EC Treaty - Non-contractual liability of a Member State for breach of Community law)

6 . 7. 96           LEN                  Official Journal of the European Communities                                   No C 197/7
              JUDGMENT OF THE COURT                                         laws must not be less favourable than those relating to
                       of 23 May 1996                                       similar domestic claims or framed in such a way as in
                                                                            practice to make it impossible or excessively difficult to
in Case C-5/94 ( request for a preliminary ruling from the                  obtain reparation.
High Court of Justice, Queen's Bench Division ): The Queen
v. Ministry of Agriculture, Fisheries and Food, ex parte:
                Hedley Lomas (Ireland ) Ltd (^                      f 1 ) OJ No C 59 , 26 . 2 . 1994 .
(Free movement of goods — Protection of animals —
Harmonizing Directive — Article 36 of the EC Treaty —
Non-contractual liability of a Member State for breach of
                       Community law)
                         ( 96/C 197/11 )
               (Language of the case: English)
                                                                                     JUDGMENT OF THE COURT
                                                                                               (Fifth Chamber )
                                                                                               of 23 May 1996
In Case C-5/94 : reference to the Court under Article 177 of
                                                                    in Case C-237/94 ( reference for a preliminary ruling from
the EC Treaty by the High Court of Justice, Queen's Bench           the Social Security Commissioner ): John O'Flynn v.
Division ( England and Wales ), for a preliminary ruling in                               Adjudication Officer ^)
the proceedings pending before that court between The
Queen and Ministry of Agriculture, Fisheries and Food, ex                  (Social advantages for workers — Funeral payment)
parte: Hedley Lomas ( Ireland ) Ltd , on the interpretation of                                  ( 96/C 197/12 )
Articles 34 and 36 of the EC Treaty and the principle of
non-contractual State liability for breach of Community
law, the Court, composed of G. C. Rodriguez Iglesias,                                 (Language of the case: English)
President, C. N. Kakouris, D. A. O. Edward and G. Hirsch
(Presidents of Chambers ), G. F. Mancini ( Rapporteur), F. A.
Schockweiler, J. C. Moitinho de Almeida, P. J. G. Kapteyn,
                                                                    In Case C-237/94 : reference to the Court under Article 177
J. L. Murray, H. Ragnemalm and L. Sevôn, Judges; P. Léger,
Advocate-General; D. Louterman-Hubeau, Principal                    of the EC Treaty from the Social Security Commissioner
Administrator, for the Registrar, gave a judgment on                (United Kingdom ) for a preliminary ruling in the
23 May 1996, the operative part of which is as follows :            proceedings pending before him between John O'Flynn and
                                                                    Adjudication Officer on the interpretation of Article 7 of
                                                                    Regulation ( EEC ) No 1612/68 of the Council of 15 October
                                                                    1968 on freedom of movement for workers within the
                                                                    Community ( OJ, English Special Edition 1968 ( II ), p . 475 )
1 . Community law precludes a Member State from                     — the Court ( Fifth Chamber), composed of D. A. O.
     invoking Article 36 of the EC Treaty to justify a              Edward, President of the Chamber, J.-P. Puissochet
     limitation of exports ofgoods to another Member State          ( Rapporteur ), P. Jann, L. Sevôn and M. Wathelet, Judges;
     on the sole ground that, according to the first State, the     C. O. Lenz, Advocate-General; H. von Holstein, Deputy
     second State is not complying with the requirements ofa        Registrar, has given a judgment on 23 May 1996 , in which it
     Community harmonizing Directive which pursues the              rules :
     objective which Article 36 is intended to protect but
     does not lay down either any procedure for monitoring
     their application or any penalties in the event of their       Article 7 (2) of Regulation (EEC) No 1612/68 of the
     breach:
                                                                     Council of 15 October 1968 on freedom of movement for
                                                                     workers within the Community precludes a provision such
                                                                    as that in Regulation 7 (1 ) (c) of the Social Fund (maternity
 2 , a Member State has an obligation to make reparation for         and funeral expenses) Regulations 1 987 which makes grant
     the damage caused to an individual by a refusal to issue        of a payment to cover funeral expenses incurred by a
     an export licence in breach of Article 34 of the Treaty         migrant worker subject to the condition that burial or
     where the rule of Community law infringed is intended           cremation take place within the territory of the Member
     to confer rights on individuals, the breach is sufficiently     State whose legislation provides for that payment.
     serious and there is a direct causal link between the
      breach and the damage sustained by the individuals.
     Subject to that reservation, the State must make good           t 1 ) OJ No C 288 , 15 . 10 . 1994 .
      the consequences of the loss or damage caused by a
      breach of Community law attributable to it, in
     accordance with its domestic law on liability. However,
      the conditions laid down by the applicable domestic