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C 118/2 EN Official Journal of the European Communities 21.4.

2001

measures necessary to comply with its obligations under equal treatment for men and women as regards access to
Article 3(1) and (2) and Article 5 of Council Directive employment, vocational training and promotion, and working
91/676/EEC of 12 December 1991 concerning the protection conditions (OJ 1976 L 39, p. 40) — the Court (Sixth Chamber),
of waters against pollution caused by nitrates from agricultural composed of: C. Gulmann, President of the Chamber, V. Skou-
sources (OJ 1991 L 375, p. 1), the United Kingdorn has failed ris, J.-P. Puissochet (Rapporteur), R. Schintgen and F. Macken,
to fulfil its obligations under that directive and the EC Treaty Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has
— the Court (Third Chamber), composed of: C. Gulmann, given a judgment on 7 December 2000, in which it has ruled:
President of the Chamber, J.-P. Puissochet and F. Macken
(Rapporteur), Judges; P. Léger, Advocate General; R. Grass, 1. National provisions governing the date of admission to the
Registrar, has given a judgment on 7 December 2000, in practical legal training which is a necessary prerequisite of
which it: access to employment in the civil service fall within the scope of
Council Directive 76/207/EEC of 9 February 1976 on the
1. Declares that, by failing to adopt all the laws, regulations implementation of the principle of equal treatment for men and
and administrative provisions necessary to comply with the women as regards access to employment, vocational training
obligations laid down in Article 3(1) and (2) and Article 5 and promotion, and working conditions.
of Council Directive 91/676/EEC of 12 December 1991
concerning the protection of waters against pollution caused by 2. National provisions such as those at issue in the main
nitrates from agricultural sources, the United Kingdom of Great proceedings do not constitute discrimination directly based on
Britain and Northern Ireland has failed to fulfil its obligations sex.
under that directive;
3. National provisions such as those at issue in the main
2. Orders the United Kingdom of Great Britain and Northern proceedings constitute indirect discrimination based on sex.
Ireland to pay the costs.
4. Directive 76/207 does not preclude national provisions such as
those at issue in the main proceedings, in so far as such
(1) OJ C 136 of 15.5.1999. provisions are justified by objective reasons and prompted solely
by a desire to counterbalance to some extent the delay resulting
from the completion of compulsory military or civilian service.

(1) OJ C 136 of 15.5.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)
JUDGMENT OF THE COURT
of 7 December 2000
(Sixth Chamber)
in Case C-79/99 (reference for a preliminary ruling from
the Verwaltungsgericht Frankfurt am Main): Julia Schnor- of 7 December 2000
bus v Land Hessen (1)
in Case C-213/99 (reference for a preliminary ruling from
(Equal treatment for men and women — Rules on access to the Tribunal Fiscal Aduaneiro do Porto, Portugal): José
practical legal training in Land Hesse — Priority for Teodoro de Andrade v Director da Alfândega de Leixões,
applicants who have completed military or civilian service) intervener: Ministério Público (1)

(2001/C 118/03) (Release of goods for free circulation — Expiry of the period
within which a customs-approved use must be assigned —
Procedure for putting goods up for sale or levying an ad
(Language of the case: German) valorem duty)

(2001/C 118/04)
(Provisional translation; the definitive translation will be published
in the European Court Reports)
(Language of the case: Portuguese)
In Case C-79/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Verwaltungsge-
richt Frankfurt am Main (Administrative Court, Frankfurt am (Provisional translation; the definitive translation will be published
Main), Germany for a preliminary ruling in the proceedings in the European Court Reports)
pending before that court between Julia Schnorbus and Land
Hessen - on the interpretation of Council Directive 76/207/EEC In Case C-213/99: reference to the Court under Article 177 of
of 9 February 1976 on the implementation of the principle of the EC Treaty (now Article 234 EC) from the Tribunal Fiscal
21.4.2001 EN Official Journal of the European Communities C 118/3

Aduaneiro do Porto, (Customs Court, Oporto) Portugal, for a JUDGMENT OF THE COURT
preliminary ruling in the proceedings pending before that
court between José Teodoro de Andrade and Director da
Alfândega de Leixões, intervener: Ministério Publico — on the (Sixth Chamber)
interpretation of Council Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs Code
(OJ 1992 L 302, p. 1) and, in particular, Articles 6, 53 and of 7 December 2000
243 thereof, and of the Community rules relating to value
added tax, — the Court (Sixth Chamber), composed of:
C. Gulmann, President of the Chamber, V. Skouris, J.-P. Puisso- in Case C-214/99 (reference for a preliminary ruling from
chet (Rapporteur), R. Schintgen and F. Macken, Judges; N. Fen- the Tampereen Käräjäoikeus, Finland): Neste Markkinointi
nelly, Advocate General; R. Grass, Registrar, has given a Oy v Yötuuli Ky and Others (1)
judgment on 7 December 2000, in which it has ruled:
(Competition — Exclusive purchasing agreements — Ser-
vice-station agreements — Duration — Significant contri-
bution made by one supplier’s contracts to the closing-off of
1. Article 53 of Council Regulation (EEC) No 2913/92 of the market — Distinction between the contracts of the same
12 October 1992 establishing the Community Customs Code supplier)
does not preclude the automatic application, without prior
notification, of a procedure such as that established by
Portuguese legislation, which provides for goods to be put up (2001/C 118/05)
for sale where the statutory time-limits for making a declaration
for release for free circulation or an application for another
customs-approved treatment or use for the goods have expired. (Language of the case: Finnish)

(Provisional translation; the definitive translation will be published


2. Use of a procedure providing either for such goods to be put up in the European Court Reports)
for sale or for an ad valorem surcharge to be levied in order to
regularise the situation of the goods is not in itself contrary to
the principle of proportionality. It is for the national court to In Case C-214/99: reference to the Court under Article 177 of
determine whether the surcharge applied in the present case the EC Treaty (now Article 234 EC) from the Tampereen
complies with that principle. Käräjäoikeus (Tampere District Court), Finland, for a prelimi-
nary ruling in the proceedings pending before that court
between Neste Markkinointi Oy and Yötuuli Ky and Others —
on the interpretation of Article 85(1) of the EC Treaty (now
3. Article 6(3) and Article 243 of Regulation No 2913/92 do Article 81(1) EC) — the Court (Sixth Chamber), composed of:
not preclude use of a procedure, such as that at issue in the C. Gulmann (Rapporteur), President of the Chamber, V. Skou-
main proceedings, which does not provide for interested parties ris, J.-P. Puissochet, R. Schintgen and F. Macken, Judges;
to receive prior notification. N. Fennelly, Advocate General; H.A. Rühl, Principal Adminis-
trator, for the Registrar, has given a judgment on 7 December
2000, in which it has ruled:

4. A surcharge intended to penalise a failure to comply with The prohibition laid down by Article 85(1) of the EC Treaty (now
customs formalities cannot be subject to value added tax. Article 81(1) EC) does not apply to an exclusive purchasing
agreement entered into by a motor-fuels supplier which the retailer
may terminate upon one year’s notice at any time where all
that supplier’s exclusive purchasing agreements, whether considered
separately or as a whole, taken together with the network of similar
agreements made by the totality of suppliers, have an appreciable
effect on the closing-off of the market but where the agreements of
(1) OJ C 226 of 7.8.1999. the same kind as the agreement at issue in the main proceedings by
reason of their duration represent only a very small part of the totality
of one supplier’s exclusive purchasing agreements, of which the
majority are fixed term contracts entered into for more than one year.

(1) OJ C 246 of 28.8.1999.