CELEX: C1996/336/26
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 17 September 1996 in Case C-289/94: Commission of the European Communities v. Italian Republic (Failure to fulfil obligations - Duty of prior notification pursuant to Directive 83/189/EEC)

No C 336/ 14           EN                 Official Journal of the European Communities                                      9 . 11 . 96
                JUDGMENT OF THE COURT                                        a fall in production as a result of exceptional
                         ( Fifth Chamber )                                   circumstances, without taking full account of the losses
                                                                             actually suffered by individual producers.
                     of 12 September 1996
 in Joined Cases C-254/94, C-255/94 and C-269/94                       3 . The third indent of Article 2, in conjunction with
 ( references for preliminary rulings made by the Tribunale                  Article 21 , of Regulation (EEC) No 3477192 precludes
 Amministrativo Regionale del Lazio ): Fattoria Autonoma                     national rules not allowing a single cultivation
 Tabacchi and Others v. Ministero dell'Agricoltura e delle                   certificate or a single production quota to be given to a
                      Foreste and Others (M                                 producer group founded with the aim ofpromoting and
 (Common market organization — Raw tobacco — Council                        facilitating the cultivation of tobacco by its members,
 Regulation (EEC) No 2075/92 — Commission Regulation                         while at the same time undertaking the first processing
                       (EEC) No 3477/92)                                    of tobacco on its own premises.
                           ( 96/C 336/25 )
                                                                      4 . Article 9 (3) of Council Regulation (EEC) No 2975/92
                 (Language of the case: Italian)                            of 30 June 1992 on the common organization of the
                                                                            market in raw tobacco must be interpreted as meaning
 (Provisional translation; the definitive translation will be               that processing undertakings may be divided into seven
          published in the European Court Reports)                          distinct groups, on condition that the processing quota
                                                                            is determined according to the rules of calculation
                                                                            prescribed for the group to which the sub-category in
In Cases C-254/94, C-255/94 and C-269/94 : references to                    question belongs. Article 9 (1 ) of Regulation (EEC)
the Court pursuant to Article 177 of the EC Treaty by the                   No 3477/92 must be interpreted as meaning that
Tribunale Amministrativo Regionale del Lazio ( Regional                     producers may have different rules for calculating the
Administrative Court, Lazio ) ( Italy ) for preliminary rulings             processing quota applied to them depending on the
in the proceedings pending before that court between                        processing undertaking to which they delivered during
Fattoria        Autonoma         Tabacchi     and     Ministero
                                                                            the reference period.
dell'Agricoltura e delle Foreste, Azienda di Stato per gli
Interventi nel Mercato Agricolo ( AIMA ), Consorzio
                                                                      (■) OJ No C 351 , 10 . 12 . 1994 .
Nazionale Tabacchicoltori ( CNT), Unione Nazionale
                                                                      ( 2 ) OJ No L 215 , 1992 , p . 70 .
Tabacchicoltori (Unata ) and Ditta Mario Pittari, between             ( 3 ) OJ No L 351 , 1992 , p . 11 .
Lino Bason and others and Ministero dell'Agricoltura e delle
Foreste, Azienda di Stato per gli Interventi nel Mercato
Agricolo ( AIMA) and Unione Nazionale Tabacchicoltori
(Unata ), and between Associazione Professionale
Trasformatori Tabacchi Italiani ( APTI ) and others and
Ministero dell'Agricoltura e delle Foreste, Consorzio
Nazionale Tabacchicoltori ( CNT ), Unione Nazionale                                    JUDGMENT OF THE COURT
Tabacchicoltori (Unata ) and Ditta Mario Pittari — on the                                       ( Sixth Chamber )
interpretation of Council Regulation ( EEC ) No 2075/92 of
                                                                                             of 17 September 1996
30 June 1992 on the common organization of the market in
raw tobacco ( 2 ) and on the validity and interpretation of                  in Case C-289/94: Commission of the European
certain provisions of Commission Regulation ( EEC )                                   Communities v. Italian Republic ( J )
No 3477/92 of 1 December 1992 laying down detailed rules             (Failure to fulfil obligations — Duty of prior notification
for the application of the raw tobacco quota system for the                          pursuant to Directive 83/189/EEC)
1993 and 1994 harvests ( 3 ) — the Court ( Fifth Chamber ),                                       ( 96/C 336/26 )
composed of: D. A. O. Edward, President of the Chamber,
J. -P. Puissochet, J. C. Moitinho de Almeida ( Rapporteur ),
C. Gulmann and M. Wathelet, Judges; M. B. Elmer,                                        (Language of the case: Italian)
Advocate-General; H. A. Riihl, Principal Administrator, for
the Registrar, has given a judgment on 12 September 1996 ,           (Provisional translation; the definitive translation will be
the operative part of which is as follows:                                       published in the European Court Reports)
1 . Examination of the questions raised has disclosed no             In Case C-289/94 : Commission of the European
      factor of such a kind as to affect the validity of             Communities v. Italian Republic — application for a
      Articles 3 (3), 9 and 10 of Commission Regulation              declaration that, by issuing four Ministry of Health Decrees,
      (EEC) No 3477/92 of 1 December 1992 laying down                namely Nos 256 and 257 of 1 August 1990 and those of
      detailed rules for the application of the raw tobacco          1 September 1990 and 7 June 1991 , without notifying them
      quota system for the 1993 and 1994 harvests.                   to the Commission at the draft stage, the Italian Republic
                                                                     failed to fulfil its obligations pursuant to Articles 8 and 9 of
2 . Article 9 (3) of Regulation (EEC) No 3477/92 does not            Council Directive 83/ 189/EEC of 28 March 1983 laying
      preclude the establishment, in advance and according to        down a procedure for the provision of information in the
      a system of flat-rate calculation, of reserves varying         field of technical standards and regulations ( 2 ), as amended
      according to the varieties of tobacco, which are intended      by Council Directive 88/ 182/EEC ( 3 ) — the Court ( Sixth
      for distribution among producers who have suffered             Chamber ), composed of: C. N. Kakouris, President of the
 ---pagebreak---  9 . 11 . 96           EN                   Official Journal of the European Communities                                 No C 336/ 15
 Chamber, G. F. Mancini and H. Ragnemalm ( Rapporteur),                 1 . Declares that, by not adopting within the prescribed
Judges; D. Ruiz-Jarabo Colomer, Advocate-General; D.                          period the laws, regulations and administrative
 Louterman-Hubeau, Principal Administrator, for the                          provisions necessary to comply fully with Council
 Registrar, has given a judgment on 17 September 1996 , in                    Directive 89/665/EEC of 21 December 1989 on the
 which it rules :                                                             coordination ofthe laws, regulations and administrative
                                                                             provisions relating to the application of review
 1 . By adopting four Ministry of Health Decrees, namely                     procedures to the award of public supply and public
      No 256 of 1 August 1990, No 257 of 1 August 1990 and                    works contracts, the Hellenic Republic has failed to
      those of 1 September 1990 and 7 June 1991 , without                    fulfil its obligations pursuant to Article 5 of that
      notifying them to the Commission at the draft stage, the                Directive;
      Italian Republic failed to fulfil its obligations pursuant
      to Article 8 of Council Directive 83/189/EEC of                  2 . Orders the Hellenic Republic to pay the costs.
      28 March 1983 laying down a procedure for the
      provision of information in the field of technical               (') OJ No C 248 , 23 . 9 . 1995 .
      standards and regulations, as amended by Council                 ( 2 ) OJ No L 395 , 1989 , p . 33 .
      Directive 88/182/EEC of 22 March 1988.
2 . The Italian Republic is ordered to pay the costs.
(M OJ No C 351 , 10 . 12 . 1994 .
                                                                                            ORDER OF THE COURT
( 2 ) OJ No L 109 , 1983 , p . 8 .
( 3 ) OJ No L 81 , 1988 , p . 75 .                                                               of 11 July 1996
                                                                       in Case C-445/93 : European Parliament v. Commission of
                                                                       the European Communities, supported by the French
                                                                       Republic and the United Kingdom of Great Britain and
                                                                                               Northern Ireland ( 1 )
                JUDGMENT OF THE COURT                                                   (Case not proceeding to judgment)
                          ( Fifth Chamber)                                                        ( 96/C 336/28 )
                     of 19 September 1996
                                                                                          (Language of the case: French)
       in Case C-236/95 : Commission of the European
             Communities v. Hellenic Republic ( x )                    In Case C-445/93 : European Parliament ( Agents : J. Schoo
(Failure by a Member State to fulfil its obligations — Failure         and J. L. Rufas Quintana ) v. Commission of the European
to implement Directive 89/665/EEC within the prescribed                Communities ( Agents : J.-L . Dewost, D. Sorasio and P. van
period — Review procedures relating to public supply and              Nuffel ), supported by the French Republic ( Agents : J. F.
                    public works contracts)                            Dobelle, C. de Salins and C. Chavance ) and the United
                            ( 96/C 336/27)                             Kingdom of Great Britain and Northern Ireland ( Agent: J. E.
                                                                       Collins, assisted by The Right Honourable the Lord Rodger
                 (Language of the case: Greek)                         of Earlsferry, S. Richards and E. Sharpston ) — application
                                                                       for a declaration that the Commission has failed, contrary to
                                                                      the Treaty, to submit the necessary proposals for the
(Provisional translation; the definitive translation will be          establishment of freedom of movement for persons within
           published in the European Court Reports)                   the internal market, pursuant to Article 7a of the EC Treaty
                                                                      — the Court, composed of G. C. Rodriguez Iglesias,
In Case C-236/95 : Commission of the European                         President, C. N. Kakouris, D. A. O. Edward, J. -P. Puissochet
Communities ( Agent: Dimitrios Gouloussis ) v. Hellenic                and G. Hirsch, Presidents of Chambers, G. F. Mancini, J. C.
Republic ( Agents : Aikaterini Samoni-Rantou and Dimitra              Moitinho de Almeida , P. J. G. Kapteyn, C. Gulmann, J. L.
Tsagkaraki ) — application for a declaration that by not              Murray, P. Jann, H. Ragnemalm and M. Wathelet
adopting or not notifying to the Commission within the                 ( Rapporteur ), Judges; A. La Pergola , Advocate-General; R.
prescribed period, the laws, regulations and administrative            Grass, Registrar, made an order on 11 July 1996, the
provisions necessary to comply fully with Council Directive           operative part of which is as follows :
89/665/EEC of 21 December 1989 on the coordination of
the laws, regulations and administrative provisions relating           1 . There is no need to give a decision on the
to the application of review procedures to the award of                      application.
public supply and public works contracts (2 ), the Hellenic
Republic has failed to fulfil its obligations under the EC
Treaty and that Directive — the Court ( Fifth Chamber),               2 . The parties, including the interveners, are ordered to
                                                                             bear their own costs .
composed of: D. A. O. Edward, President of the Chamber,
J. C. Moitinho de Almeida ( Rapporteur ), C. Gulmann,
L. Sevón and M. Wathelet, Judges; P. Leger,                            (') OJ No C 1 , 4 . 1 . 1994 ( not for publication in the Court
Advocate-General; H. A. Rühl, Principal Administrator, for                   Reports ).
the Registrar, has given a judgment on 19 September 1996 ,
in which it: