Judgment of the Court of 5 December 2000 in Case C-448/98 (reference for a preliminary ruling from the Tribunal de Police, Belley, France): criminal proceedings against Jean-Pierre Guimont (Measures having equivalent effect to a quantitative restriction — Purely internal situation — Manufacture and marketing of Emmenthal cheese without rind)
Date: 2001-03-10
Institutions: Court of Justice
Subjects: cheese, hard cheese, interpretation of the law, intra-EU trade, marketing, quantitative restriction

10.3.2001

EN

Official Journal of the European Communities

C 79/5

failing to communicate to the Commission the laws, regu-
lations and administrative provisions necessary to comply with
Directive 97/51/EC of the European Parliament and of the
Council of 6 October 1997 amending Council Directives
90/387/EEC and 92/44/EEC for the purpose of adaptation to
a competitive environment in telecommunications (OJ 1997
L 295, p. 23), the Italian Republic has failed to fulfil
its
obligations under that directive — the Court (Third Chamber),
composed of: C. Gulmann (Rapporteur), President of the
Chamber, J.-P. Puissochet and F. Macken, Judges; S. Alber,
Advocate General; R. Grass, Registrar, has given a judgment
on 30 November 2000, in which it:

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative provisions necessary to
comply with Directive 97/51/EC of the European Parliament
and of the Council of 6 October 1997 amending Council
Directives 90/387/EEC and 92/44/EEC for the purpose of
adaptation to a competitive environment in telecommunications,
the Italian Republic has failed to fulfil its obligations under
that directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 20 of 22.1.2000.

JUDGMENT OF THE COURT

of 5 December 2000

in Case C-448/98 (reference for a preliminary ruling
from the Tribunal de Police, Belley, France): criminal
proceedings against Jean-Pierre Guimont (1)

(Measures having equivalent effect to a quantitative restric-
tion — Purely internal situation — Manufacture and
marketing of Emmenthal cheese without rind)

(2001/C 79/08)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-448/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Tribunal de
Police (Local Criminal Court), Belley, (France) for a preliminary
ruling in the criminal proceedings before that court against
Jean-Pierre Guimont — on the interpretation of Articles 3(a)
and 30 et seq. of the EC Treaty (now, after amendment,
Articles 3(1)(a) EC and 28 EC et seq.) — the Court, composed
of: G.C. Rodrı´guez Iglesias, President, C. Gulmann (Rappor-
teur), M. Wathelet and V. Skouris (Presidents of Chambers),

J.-P. Puissochet, P.

D.A.O. Edward,
Jann, L. Sevo´ n and
R. Schintgen, Judges; A. Saggio, Advocate General; H. von
Holstein, Deputy Registrar, for the Registrar, has given a
judgment on 5 December 2000, in which it has ruled:

Article 30 of the EC Treaty (now, after amendment, Article 28 EC)
precludes a Member State from applying to products imported from
another Member State, where they are lawfully produced and
marketed, a national rule prohibiting the marketing of a cheese
without rind under the designation ‘Emmenthal’ in that Member
State.

(1) OJ C 33 of 6.2.1999.

JUDGMENT OF THE COURT

of 5 December 2000

in Case C-477/98 (reference for a preliminary ruling from
the Court of Appeal in Northern Ireland): Eurostock Meat
Marketing Ltd v Department of Agriculture for Northern
Ireland (1)

(Agriculture — Animal health — National emergency
measures against bovine spongiform encephalopathy —
Specified risk material)

(2001/C 79/09)

(Language of the case: English)

In Case C-477/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Court of Appeal
in Northern Ireland (United Kingdom)
for a preliminary
ruling in the proceedings pending before that court between
Eurostock Meat Marketing Ltd and Department of Agriculture
for Northern Ireland — on the interpretation of Article 9
of Council Directive 89/662/EEC of 11 December 1989
concerning veterinary checks in intra-Community trade with a
view to the completion of the internal market (OJ 1989 L 395,
p. 13), Commission Decision 97/534/EC of 30 July 1997 on
the prohibition of the use of material presenting risks as
regards transmissible spongiform encephalopathies (OJ 1997
L 216, p. 95) and Article 36 of the EC Treaty (now, after
amendment, Article 30 EC) — the Court, composed of:
G.C. Rodrı´guez Iglesias, President, C. Gulmann, A. La Pergola,
M. Wathelet and V. Skouris
(Presidents of Chambers),
D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevo´ n (Rapporteur),
Judges; S. Alber, Advocate
R. Schintgen and F. Macken,
General; L. Hewlett, Administrator, for the Registrar, has given
a judgment on 5 December 2000, in which it has ruled: