Order of the Court (Second Chamber) of 26 October 2000 in Case C-447/98 P: Molkerei Grossbraunshain GmbH and Bene Nahrungsmittel GmbH v Commission of the European Communities (Community protection of designations of origin — Commission Regulation registering the designation "Altenburger Ziegenkäse" — Application for annulment — Inadmissibility — Appeal manifestly ill-founded)
Date: 2001-06-16
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), designation of origin, food industry, goats’ milk cheese, location of production

C 173/22

EN

Official Journal of the European Communities

16.6.2001

1. Declares that,

— by failing to take all the measures necessary to ensure
that, within 10 years of
the notification of Council
Directive 76/160/EEC of 8 December 1975 concerning
the quality of bathing water, the quality of bathing water
conformed to the limit values set in accordance with the
directive, contrary to Article 4(1) thereof;

— by failing to carry out sampling operations in line with
the minimum frequency laid down in the Annex to
Directive 76/160 in respect of inland bathing waters,
contrary to Article 6(1), and

— by failing to carry out sampling operations for the ‘total

coliform’ parameter,

the French Republic has failed to fulfil its obligations under
Articles 3, 4, 5 and 6 of Directive 76/160;

2. Orders the French Republic to pay the costs.

(1) OJ C 176 of 24.6.2000.

represented

(J. L. Iglesias Buhigues and U. Wölker, assisted by B. Wägen-
baur), supported by the French Republic (K. Rispal-Bellanger
by
Freistaat Thüringen,
and C. Vasak),
G. M. Berrisch, of the Brussels Bar, with an address for service
in Luxembourg at the Chambers of G. Harles, 8-10 Rue
Mathias Hardt and Molkerei und Weichkäserei K-H. Zimmer-
mann GmbH, established in Falkenhain, (Germany), represent-
ed by P. Lotze and S. Lehr, of the Brussels Bar, with an address
for service in Luxembourg at the Chambers of R. Faltz, 6 Rue
Heinrich Heine, the Court (Second Chamber), composed of
V.Skouris, President of the Chamber, R. Schintgen (Rapporteur)
and N. Colneric, Judges; P. Léger, Advocate General, R. Grass,
Registrar, made an order on 26 October 2000 the operative
part of which is as follows:

1.

The appeal is dismissed;

2. Molkerei Grossbraunshain GmbH and Bene Nahrungsmittel

GmbH are ordered to pay the costs;

3.

The French Republic and the Freistaat Thüringen shall bear
their own costs.

(1) OJ C 33 of 6 February 1999.

ORDER OF THE COURT

(Second Chamber)

of 26 October 2000

in Case C-447/98 P: Molkerei Grossbraunshain GmbH
and Bene Nahrungsmittel GmbH v Commission of the
European Communities (1)

(Community protection of designations of origin — Com-
mission Regulation registering the designation ‘Altenburger
Ziegenkäse’ — Application for annulment — Inadmissibility
— Appeal manifestly ill-founded)

(2001/C 173/37)

(Language of the case: German)

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

In Case C-447/98 P, Molkerei Grossbraunshain GmbH, and
Bene Nahrungsmittel GmbH, both established in Altenburg
(Germany), represented by M. Lochschelder and T. Klingbell,
of the Cologne Bar, with an address for service in Luxembourg
at the Chambers of M. Loesch, 4 rue Carlo Hemmer — appeal
against the order of the Court of First Instance of the European
Communities (Second Chamber) of 15 September 1998 in
Case T-109/97 Molkerei Grossbraunshain GmbH and Bene
Nahrungsmittel GmbH v Commission [1998] ECR II-3533,
seeking to have that order set aside, the other parties to the
proceedings being: Commission of the European Communities

ORDER OF THE COURT

(Third Chamber)

of 15 December 2000

in Case C-86/98 (reference for a preliminary ruling from
the Consiglio di Stato): Questore Macerata v Claudio
Peroni (1)

(Article 104(3) of the Rules of Procedure — Question
identical to a question on which the Court has already ruled)

(2001/C 173/38)

(Language of the case: Italian)

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

In Case C-86/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the the Consiglio di