CELEX: C1996/388/02
Language: en
Date: 1996-12-21 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 17 October 1996 in Case C-64/95 (reference for a preliminary ruling by the Finanzgericht des Landes Brandenburg): Konservenfabrik Lubella Friedrich Büker GmbH & Co. KG v. Hauptzollamt Cottbus (Common organization of the market in fruit and vegetables - Protective measures - Sour cherries)

21 . 12 . 96           EN |               Official Journal of the European Communities                                   No C 388/ 1
                                                                   I
                                                            (Information)
                                               COURT OF JUSTICE
                                                        COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                Article 27 (2) of the Convention of 27 September 1968 on
                         (Fifth Chamber)                              jurisdiction and the enforcement of judgments in civil and
                                                                      commercial matters, as amended by the Convention of
                       of 10 October 1996                             9 October 1978 relating to the accession of the Kingdom
in Case C-78/95 (reference for a preliminary ruling from              of Denmark, Ireland and the United Kingdom of Great
the Hoge Raad der Nederlanden ): Bernardus Hendrikman                 Britain and Northern Ireland, applies to judgments given
 and Maria Feyen v. Magenta Druck & Verlag GmbH (')                   against a defendant who was not duly served with, or
                                                                      notified of, the document instituting proceedings in
 (Brussels Convention — Interpretation of Article 27 (2) —            sufficient time and who was not validly represented during
Recognition of a decision — Definition of a defendant in              those proceedings, albeit the judgments given were not
                      default of appearance)                          given in default of appearance because someone
                          ( 96/C 388/01 )                             purporting to represent the defendant appeared before the
                                                                      court first seised.
                  (Language of the case: Dutch)                       (•) OJ No C 119 , 13 . 5 . 1995 .
  (Provisional translation; the definitive translation will be
            published in the European Court Reports)
In Case C-78/95 : reference to the Court pursuant to the
                                                                                     JUDGMENT OF THE COURT
Protocol of 3 June 1971 on the interpretation by the
Court of Justice of the Convention of 27 September 1968                                         (Fifth Chamber)
on jurisdiction and the enforcement of judgments in civil                                   of 17 October 1996
and commercial matters from the Hoge Raad der
Nederlanden ( Supreme Court of the Netherlands ) for a                in Case C-64/95 ( reference for a preliminary ruling by the
preliminary ruling in the proceedings pending before that             Finanzgericht des Landes Brandenburg): Konservenfabrik
court between Bernardus Hendrikman and Maria Feyen,                   Lubella    Friedrich      Büker    GmbH     &    Co.   KG     v.
and Magenta Druck & Verlag GmbH — on the                                                 Hauptzollamt Cottbus ( ! )
interpretation of Article 27 ( 1 ) and ( 2 ) and Article 29 of
the Convention of 27 September 1968 on jurisdiction and               (Common organization of the market in fruit and
the enforcement of judgments in civil and commercial                       vegetables — Protective measures — Sour cherries)
matters ( OJ No L 299, 31 . 12 . 1972, p. 32 ), as amended                                       ( 96/C 388/02 )
by the Convention of 9 October 1978 relating to the
accession of the Kingdom of Denmark, Ireland and the
United Kingdom of Great Britain and Northern Ireland                                 (Language of the case: German)
( OJ No L 304, 30 . 10 . 1978 , p. 1 and, for the amended
text, p. 77), the Court ( Fifth Chamber), composed of: J. C.
Moitinho de Almeida , President of the Chamber, C.                      (Provisional translation; the definitive translation will be
Gulmann, D. A. O. Edward, P. Jann ( Rapporteur) and M.                         published in the European Court Reports)
Wathelet, Judges; F. G. Jacobs, Advocate-General; L.
Hewlett, Administrator, for the Registrar, gave a judgment
on 10 October 1996 , the operative part of which is as               In Case C-64/95 : reference by the Finanzgericht des Landes
follows :                                                            Brandenburg ( Finance Court of Land Brandenburg ) for
 ---pagebreak--- No C 388/2           LEN                    Official Journal of the European Communities                                         21 . 12 . 96
a preliminary ruling in the proceedings pending before                 1 . declares that, by failing to adopt within the prescribed
that Court between Konservenfabrik Lubella Friedrich                         period the measures necessary in order to comply with
Bilker GmbH & Co. KG and Hauptzollamt Cottbus on                             Council Directive 90/219/EEC of 23 April 1990 on
the validity of Commission Regulation (EEC ) No 1932/93                      the contained use of genetically modified micro­
of 16 July 1993 establishing protective measures as                          organisms, and Council Directive 90/220/EEC of
regards the import of sour cherries ( OJ No L 174, 17. 7.                    23 April 1990 on the deliberate release into the
1993 , p. 35 ) — the Court (Third Chamber ), composed of:                    environment of genetically modified organisms, the
J. C. Moitinho de Almeida, President of the Chamber, C.                      Grand Duchy of Luxembourg has failed to fulfil its
Gulmann, D. A. O. Edward, J. -P. Puissochet ( Rapporteur)                    obligations under Articles 22 and 23 of those
and P. Jann, Judges; M. B. Elmer, Advocate-General; R.                       Directives respectively;
Grass, Registrar, gave a judgment on 17 October 1996,
the operative part of which is as follows:
                                                                       2 . orders the Grand Duchy of Luxembourg to pay the
                                                                             costs .
 Consideration of the questions referred to the Court has
disclosed no factor of such a kind as to affect the validity           ( i ) OJ No C 315 , 2.5 . 11 . 1995 .
of Commission Regulation (EEC) No 1932/93 establishing
protective measures as regards the import of sour cherries.
 (!) OJ No C 101 , 22 . 4 . 1995 .
                                                                                       JUDGMENT OF THE COURT
                                                                                                   ( Sixth Chamber)
                                                                                                 of 24 October 1996
                JUDGMENT OF THE COURT                                  in     Case    C-325/95 :        Commission       of the   European
                                                                                            Communities v. Ireland C1 )
                           (Fifth Chamber)
                                                                        (Failure of a Member State to fulfil obligations —
                        of 17 October 1996                             Directives 91/67/EEC, 91/492/EEC, 91/493/EEC and 92/
 in     Case C-3 12/95 : Commission of the European                     48/EEC — Failure to transpose within the prescribed
        Communities v. Grand Duchy of Luxembourg 0 )                                                     period)
                                                                                                     ( 96/C 388/04 )
 (Failure to fulfil obligations — Council Directives 90/219/
  EEC and 90/220/EEC — Genetically modified organisms)
                                                                                         (Language of the case: English)
                            ( 96/C 388/03 )
                                                                        In Case C-325/95 : Commission of the European
                  (Language of the case: French)                        Communities ( Agent: Carmel O'Reilly) v. Ireland ( Agent:
                                                                        Michael A. Buckley ) — application for a declaration that,
                                                                        by failing to bring into force the laws, regulations or
    (Provisional translation; the definitive translation will be        administrative provisions necessary to comply with:
            published in the European Court Reports)
                                                                        — Council Directive 91/67/EEC of 28 January 1991
                                                                              concerning the animal health conditions governing the
 In Case C-312/95 : Commission of the European                                placing on the market of aquaculture animals and
  Communities ( Agent: Frank Benyon) v. Grand Duchy of                        products ( OJ No L 46 , 19 . 2 . 1991 , p. 1 ),
  Luxembourg (Agent: Nicolas Schmidt) — application for a
  declaration that, by failing to adopt within the prescribed
  period the measures necessary in order to comply with                 — Council Directive 91 /492/EEC of 15 July 1991 laying
  Council Directive 90/219/EEC of 23 April 1990 on the                        down the health conditions for the production and the
  contained use of genetically modified micro-organisms ( OJ                  placing on the market of live bivalve molluscs ( OJ No
  No L 117, 8 . 5 . 1990, p. 1 ), and Council Directive 90/                   L 268 , 24 . 9 . 1991 , p. 1 ),
  220/EEC of 23 April 1990 on the deliberate release into
  the environment of genetically modified organisms ( OJ No             — Council Directive 91/493/EEC of 22 July 1991 laying
  L 117, 8 . 5 . 1990, p. 15 ), the Grand Duchy of                            down the health conditions for the production and the
  Luxembourg has failed to fulfil its obligations under                       placing on the market of fishery products ( OJ No
  Articles 22 and 23 of those Directives respectively and                     L 268 , 24 . 9 . 1991 , p. 15 ), and
  under Articles 5 and 189 of the EC Treaty, the Court
  ( Fifth Chamber), composed of: J. C. Moitinho de
  Almeida, President of the Chamber, L. Sevon                           — Council Directive 92/48/EEC of 16 June 1992 laying
  ( Rapporteur), C. Gulmann, D. A. O. Edward and M.                           down the minimum hygiene rules applicable to fishery
  Wathelet, Judges; A. La Pergola, Advocate-General; R.                       products caught on board certain vessels in accordance
  Grass, Registrar, has given a judgment on 17 October                        with Article 3 ( 1 ) ( a ) ( i ) of Directive 91/493/EEC ( OJ
  1 996 in which it:                                                          No L 187, 7 . 7. 1992, p. 41 ),