CELEX: C1998/094/09
Language: en
Date: 1998-03-28 00:00:00
Title: ORDER OF THE COURT (First Chamber) of 15 January 1998 in Case C-196/97 P: Intertronic F. Cornelis GmbH v. Commission of the European Communities (Appeal manifestly unfounded)

C 94/4                EN                  Official Journal of the European Communities                                       28.3.98
               JUDGMENT OF THE COURT                                 Northern Ireland, Queen's Bench Division, for a
                       (Sixth Chamber)                               preliminary ruling in the proceedings pending before that
                                                                     court between Northern Ireland Fish Producers'
                     of 19 February 1998                             Organisation Ltd (NIFPO) and Northern Ireland
       in Case C-309/95: Commission of the European                  Fishermen's Federation and Department of Agriculture for
       Communities v. Council of the European Union,                 Northern Ireland Ð on the validity of Council Regulation
             supported by the French Republic (1)                    (EC) No 3362/94 of 20 December 1994 fixing, for certain
                                                                     fish stocks and groups of fish stocks, the total allowable
   (Exceptional aid to producers of table wine in France)            catches for 1995 and certain conditions under which they
                         (98/C 94/07)                                may be fished (OJ L 363, 31.12.1994, p. 1), on the
                                                                     validity of Annex VII to the resolution of 3 November
                                                                     1976 adopted by the Council at The Hague and on the
                (Language of the case: French)                       interpretation of the priniciple of State liability for damage
                                                                     occasioned to individuals by breaches of Community law
  (Provisional translation; the definitive translation will be       Ð the Court: composed of: G. C. Rodríguez Iglesias,
          published in the European Court Reports)                   President, C. Gulmann, H. Ragnemalm, R. Schintgen
                                                                     (Presidents of Chambers), G. F. Mancini, P. J. G. Kapteyn
                                                                     (Rapporteur), J. L. Murray, D. A. O. Edward, J.-P.
In Case 309/95: Commission of the European
                                                                     Puissochet, G. Hirsch and P. Jann, Judges; A. La Pergola,
Communities (Agents: GeÂrard Rozet and Jean-Paul
                                                                     Advocate-General; D. Louterman-Hubeau, Principal
Keppenne) v. Council of the European Union (Agents:
                                                                     Administrator, for the Registrar, has given a judgment on
Rüdiger Bandilla and Diego Canga Fano), supported by
                                                                     19 February 1998, in which it has ruled:
the French Republic (Agents: Catherine de Salins and
FreÂdeÂric Pascal) Ð application for the annulment of the
Council's decision of 22 June 1995 on the granting of                1. The validity of the allocation of cod and whiting
exceptional aid to producers of table wine in France Ð                    quotas in Area VIIa by Council Regulation (EC)
the Court (Sixth Chamber), composed of: H. Ragnemalm,                     No 3362/94 of 20 December 1994 fixing, for certain
President of the Chamber, G. F. Mancini, P. J. G. Kapteyn                 fish stocks and groups of fish stocks, the total
(Rapporteur), J. L. Murray and G. Hirsch, Judges; G.                      allowable catches for 1995 and certain conditions
Cosmas, Advocate-General; R. Grass, Registrar, has given                  under which they may be fished is not dependent on
a judgment on 19 February 1998, in which it:                              whether Annex VII to the resolution of 3 November
                                                                          1976 adopted by the Council at The Hague was
1. dismisses the application as inadmissible;                             properly adopted.
2. orders the Commission to pay the costs;                           2. Consideration of Regulation (EC) No 3362/94 has
                                                                          revealed no factor of such a kind as to affect its
3. orders the French Republic to bear its own costs.                      validity.
(1) OJ C 315, 25.11.1995.                                            (1) OJ C 64, 2.3.1996.
               JUDGMENT OF THE COURT                                                   ORDER OF THE COURT
                     of 19 February 1998                                                    (First Chamber)
in Case C-4/96 (reference for a preliminary ruling from
                                                                                          of 15 January 1998
the High Court of Justice in Northern Ireland, Queen's
Bench Division): Northern Ireland Fish Producers'                    in Case C-196/97 P: Intertronic F. Cornelis GmbH v.
Organisation Ltd (NIFPO) and Northern Ireland                                Commission of the European Communities (1)
Fishermen's Federation v. Department of Agriculture for
                     Northern Ireland (1)                                            (Appeal manifestly unfounded)
(Fisheries Ð Hague Preferences Ð TACs Ð Cod and                                               (98/C 94/09)
whiting Ð Discretion of the Community legislature Ð
Relative stability Ð Principles of proportionality and non-                         (Language of the case: German)
                        discrimination)
                         (98/C 94/08)
                                                                       (Provisional translation; the definitive translation will be
                (Language of the case: English)                                published in the European Court Reports)
In Case C-4/96: reference to the Court under Article 177             In Case C-196/97 P: Intertronic F. Cornelis GmbH, a
of the EC Treaty from the High Court of Justice in                   company incorporated under German law, established in
 ---pagebreak--- 28.3.98              EN                   Official Journal of the European Communities                                    C 94/5
Emden (Germany), represented by Detlef Schumacher and                1. The appeal is dismissed.
Wilhelm Wiltfang, Rechtsanwalt Ð appeal against the
order of the Court of First Instance (Third Chamber) of
19 February 1997 in Case T-117/96 Intertronic v.                     2. Mr Abello and Others and Mr Riesch shall pay the
Commission [1997] ECR II-141, seeking to have that                       costs.
order set aside, the other party to the proceedings being
Commission of the European Communities (Agent: Klaus                 (1) OJ C 108, 13.4.1996.
Wiedner) Ð the Court (First Chamber), composed of: M.
Wathelet, President of the Chamber, D. A. O. Edward and
L. Sevón (Rapporteur), Judges; N. Fennelly, Advocate-
General; R. Grass, Registrar, made an order on 15 January
1998, the operative part of which is as follows:
                                                                     Action brought on 22 December 1997 by the Commission
1. The appeal is dismissed.                                          of the European Communities against the French Republic
                                                                                           (Case C-434/97)
2. The applicant is ordered to pay the costs.                                                 (98/C 94/11)
(1) OJ C 212, 12.7.1997.
                                                                     An action against the French Republic was brought before
                                                                     the Court of Justice of the European Communities on
                                                                     22 December 1997 by the Commission of the European
                                                                     Communities, represented by HeÂleÁne Michard and Enrico
                                                                     Traversa, of its Legal Service, acting as Agents, with an
                                                                     address for service in Luxembourg at the office of Carlos
                  ORDER OF THE COURT                                 Gómez de la Cruz, Wagner Centre, Kirchberg.
                      (Fourth Chamber)
                                                                     The applicant claims that the Court should:
                     of 5 February 1998
in Case C-30/96 P: Giovanni Battista Abello and Others,
Gerhard Riesch v. Commission of the European                         Ð declare that, by maintaining in force legislative
Communities, supported by Council of the Euroepan                        provisions under which beverages with an alcohol
                           Union (1)                                     content exceeding 25 % vol. are subject to a special
                                                                         contribution calculated per decilitre or parts thereof,
(Officials Ð Pay slips Ð Weightings Ð Regulations (EEC)                  the French Republic has failed to fulfil its obligations
No 3761/92, (EEC) No 3765/92 and (EEC) No 3766/92                        under Article 3(2) of Council Directive 92/12/EEC (1)
                  Ð Plea of inadmissibility)                             of 25 February 1992 on the general arrangements for
                                                                         products subject to excise duty and on the holding,
                         (98/C 94/10)                                    movement and monitoring of such products, read in
                                                                         conjunction with Council Directive 92/83/EEC (2) of
                                                                         19 October 1992 on the harmonisation of the
                (Language of the case: Italian)
                                                                         structures of excise duties on alcohol and alcoholic
                                                                         beverages,
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)                    Ð order the French Republic to pay the costs.
In Case 30/96 P: Giovanni Battista Abello and Others,                Pleas in law and main arguments adduced in support:
Gerhard Riesch (Agents: Michele Tamburini and Franco
Colussi) Ð appeal against the judgment of the Court of               Failure to fulfil obligations under Directive 92/12/EEC
First Instance of the European Communities (Fourth                   inasmuch as the French social security' contribution:
Chamber) of 7 December 1995 in Joined Cases T-544/93
and T-566/93 Abello and Others v. Commission [1995]
ECR-SC II-815, seeking to have that judgment set aside,              Ð is calculated per decilitre of beverage and not by
the other party to the proceedings being: Commission of                  reference to the quantity of pure alcohol contained in
the European Communities (Agent: Gianluigi Valsesia,                     the beverage in question,
assisted by Alberto Dal Ferro), supported by Council of
the European Union (Agent: Anna Lo Monaco) Ð the
Court (Fourth Chamber), composed of: H. Ragnemalm,                   Ð applies to beverages with an alcohol content exceeding
President of the Chamber, J. L. Murray (Rapporteur) and                  25 % vol, whereas the Community customs duty
K. M. Ioannou, Judges; P. LeÂger, Advocate-General; R.                   category of ethyl alcohol (Article 20 of Directive 92/
Grass, Registrar, made an order on 5 February 1998, the                  83/EEC) covers products with an alcohol content
operative part of which is as follows:                                   exceeding 22 % vol.