CELEX: C1998/209/16
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT of 5 May 1998 in Case C-157/96 (reference for a preliminary ruling from the High Court of Justice, Queen's Bench Division): The Queen v. Ministry of Agriculture, Fisheries and Food and Commissioners of Customs & Excise, ex parte: National Farmers' Union and Others (Agriculture - Animal health - Emergency measures against bovine spongiform encephalopathy - 'Mad cow disease')

C 209/8               EN                Official Journal of the European Communities                                    4.7.98
President of the Chamber, R. Schintgen, G. F. Mancini,             airport to a hotel with a stop, on occasions, at a tourist
J. L. Murray and G. Hirsch, Judges; S. Alber, Advocate             attraction, where the precise route to be taken is not
General; L. Hewlett, Administrator, for the Registrar, has         predetermined, does not constitute a regular service within
given a judgment on 30 April 1998, in which it has ruled:          the meaning of Article 4(3) of Regulation No 3820/85 of
                                                                   20 December 1985 on the harmonisation of certain social
                                                                   legislation relating to road transport.
Article 7(1)(a) of Council Directive 79/7/EEC of
19 December 1978 on the progressive implementation of
                                                                   (1) OJ C 94 of 22.3.1997.
the principle of equal treatment for men and women in
matters of social security must be interpreted as meaning
that, if national legislation has maintained a different
pensionable age for male and female workers, the Member
State concerned is entitled to calculate the amount of
pension differently depending on the worker's sex.
(1) OJ C 40 of 8.2.1997.
                                                                                  JUDGMENT OF THE COURT
                                                                                           of 5 May 1998
                                                                   in Case C-157/96 (reference for a preliminary ruling from
                                                                   the High Court of Justice, Queen's Bench Division): The
                                                                   Queen v. Ministry of Agriculture, Fisheries and Food and
                                                                   Commissioners of Customs & Excise, ex parte: National
              JUDGMENT OF THE COURT                                                 Farmers' Union and Others (1)
                       (First Chamber)
                                                                   (Agriculture Ð Animal health Ð Emergency measures
                       of 30 April 1998                            against bovine spongiform encephalopathy Ð Mad cow
                                                                                               disease')
in Case C-47/97 (reference for a preliminary ruling from
Richmond Magistrates' Court): criminal proceedings                                          (98/C 209/16)
against E. Clarke & Sons (Coaches) Ltd and D. J. Ferne (1)
(Social legislation relating to road transport Ð
Compulsory use of a tachograph Ð Exemption for
                                                                                   (Language of the case: English)
vehicles used for the carriage of passengers on regular
  services where the route covered does not exceed 50 km)
                         (98/C 209/15)
                                                                   In Case C-157/96: reference to the Court under Article 177
                                                                   of the EC Treaty from the High Court of Justice, Queen's
               (Language of the case: English)                     Bench Division (United Kingdom) for a preliminary ruling
                                                                   in the proceedings pending before that court between the
                                                                   Queen and Ministry of Agriculture, Fisheries and Food
                                                                   and Commissioners of Customs & Excise, ex parte:
In Case C-47/97: reference to the Court under Article 177          National Farmers' Union, David Burnett and Sons Ltd,
of the EC Treaty from Richmond Magistrates' Court                  R. S. and E. Wright Ltd, Anglo Beef Processors Ltd,
(United Kingdom) for a preliminary ruling in the criminal          United Kingdom Genetics, Wyjac Calves Ltd, International
proceedings pending before that court against E. Clarke &          Traders Ferry Ltd, MFP International Ltd, Interstate Truck
Sons (Coaches) Ltd and D. J. Ferne Ð on the                        Rental Ltd, Vian Exports Ltd, interveners: Anglo Dutch
interpretation of Article 2 of Council Regulation (EEC)            Meat Exports Ltd, Beck Food Group Ltd, First City
No 684/92 of 16 March 1992 on common rules for the                 Trading Ltd, Weddel Swift Ltd, Carrex August Ltd,
international carriage of passengers by coach and bus              Meatal Supplies (Wholesale Meats) Ltd, Meat Marketing
(OJ L 74 of 20.3.1992, p. 1), and of Article 4(3) of               Services (UK) Ltd, NWL (Ireland) Ltd, Hibernia Foods
Council Regulation (EEC) No 3820/85 of 20 December                 plc, Duggins Ltd (D.T.), Swallow Foods International Ltd,
1985 on the harmonisation of certain social legislation            British Association of Sheep Exporters Ð on the validity
relating to road transport (OJ L 370 of 31.12.1985, p. 1)          of Article 1 of Commission Decision 96/239/EC of
Ð the Court (First Chamber), composed of: M. Wathelet              27 March 1996 on emergency measures to protect against
(President of the Chamber), P. Jann (Rapporteur) and L.            bovine spongiform encephalopathy (OJ L 78 of 20.3.1996,
Sevón, Judges; S. Alber, Advocate General; L. Hewlett,             p. 47) Ð the Court, composed of: G. C. Rodríguez
Administrator, for the Registrar, has given a judgment on          Iglesias, President, C. Gulmann, H. Ragnemalm, M.
30 April 1998, in which it has ruled:                              Wathelet, R. Schintgen (Presidents of Chambers), G. F.
                                                                   Mancini, J. C. Moitinho de Almeida, J. L. Murray,
                                                                   D. A. O. Edward, J.-P. Puissochet, G. Hirsch, P. Jann and
A passenger transport service, supplied on a number of             L. Sevón (Rapporteur), Judges; G. Tesauro, Advocate
occasions pursuant to a block reservation made by a tour           General; L. Hewlett, Administrator, for the Registrar, has
operator and providing for a single journey from an                given a judgment on 5 May 1998, in which it has ruled:
 ---pagebreak--- 4.7.98                EN                Official Journal of the European Communities                                      C 209/9
Consideration of the question referred has disclosed no            4. Orders the Council of the European Union to bear its
factor capable of affecting the validity of Article 1 of                own costs.
Commission Decision 96/239/EC of 27 March 1996 on
emergency measures to protect against bovine spongiform            (1) OJ C 197 of 6.7.1996.
encephalopathy.
(1) OJ C 197 of 6.7.1996.
                                                                                  JUDGMENT OF THE COURT
                                                                                           of 5 May 1998
                                                                   in Case C-386/96 P: SocieÂteÂ Louis Dreyfus & Cie v.
              JUDGMENT OF THE COURT                                        Commission of the European Communities (1)
                       of 5 May 1998
                                                                   (Emergency assistance given by the Community to the
in Case C-180/96: United Kingdom of Great Britain and              States of the former Soviet Union Ð Loan Ð
Northern Ireland v. Commission of the European                     Documentary credit Ð Action for annulment Ð
Communities, supported by Council of the European                              Admissibility Ð Directly concerned')
                          Union (1)
                                                                                            (98/C 209/18)
(Agriculture Ð Animal health Ð Emergency measures
against bovine spongiform encephalopathy Ð Mad cow                                (Language of the case: French)
                           disease')
                        (98/C 209/17)                                (Provisional translation; the definitive translation will be
                                                                             published in the European Court Reports)
               (Language of the case: English)
                                                                   In Case C-386/96 P: SocieÂteÂ Louis Dreyfus & Cie, a
                                                                   company incorporated under French law, established in
In Case C-180/96: United Kingdom of Great Britain and              Paris, represented by Robert Saint-Esteben, of the Paris
Northern Ireland (Agents: Lindsey Nicoll, assisted by              Bar, with an address for service in Luxembourg at the
Nicholas Lyell, Paul Lasok and David Anderson) v.                  Chambers of Aloyse May, 31 Grand-Rue Ð appeal
Commission of the European Communities (Agents: Dierk              against the judgment of the Court of First Instance of the
Booû and James Macdonald Flett), supported by Council              European Communities (Third Chamber) of 24 September
of the European Union (Agents: Arthur Brautigam and                1996 in Case T-485/93 Dreyfus v. Commission [1996]
Moyra Sims) Ð application for annulment of Commission              ECR II-1101, seeking to have that judgment set aside, the
Decision 96/239/EC of 27 March 1996 on emergency                   other party to the proceedings being the Commission of
measures to protect against bovine spongiform                      the European Communities represented by Marie-JoseÂ
encephalopathy (OJ L 78 of 28.3.1996, p. 47) and of                Jonczy, Legal Adviser, and Nicholas Khan Ð the Court,
certain other acts of the Commission Ð the Court,                  composed of: G. C. Rodríguez Iglesias, President,
composed of: G. C. Rodríguez Iglesias, President, C.               C. Gulmann, H. Ragnemalm, M. Wathelet (Rapporteur)
Gulmann, H. Ragnemalm, M. Wathelet, R. Schintgen                   and R. Schintgen (Presidents of Chambers), G. F. Mancini,
(Presidents of Chambers), G. F. Mancini, J. C. Moitinho            J. C. Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,
de Almeida, J. L. Murray, D. A. O. Edward, J.-P.                   D. A. O. Edward, J.-P. Puissochet, G. Hirsch and P. Jann,
Puissochet, G. Hirsch, P. Jann and L. Sevón (Rapporteur),          L. Sevón and K. M. Ioannou, Judges, Advocate General:
Judges; G. Tesauro, Advocate General; L. Hewlett,                  A. La Pergola, Registrar: D. Louterman-Hubeau, Principal
Administrator, for the Registrar, has given a judgment on          Administrator, has given a judgment on 5 May 1998, in
5 May 1998, in which it:                                           which it:
1. Declares the action brought by the United Kingdom of            1. Annuls the judgment of the Court of First Instance of
    Great Britain and Northern Ireland inadmissible in so               24 September 1996 in Case T-485/93 Dreyfus v.
    far as it seeks annulment of the Commission's                       Commission in so far as it dismisses as inadmissible
    statements of position of 10 April, 13 April and 8 May              the action for annulment brought by Louis Dreyfus &
    1996.                                                               Cie.
2. Dismisses the action brought by the United Kingdom              2. Refers the case back to the Court of First Instance for
    of Great Britain and Northern Ireland in so far as it               judgment on the substance.
    seeks annulment of Commission Decision 96/239/EC
    of 27 March 1996 on emergency measures to protect              3. Reserves costs.
    against bovine spongiform encephalopathy.
                                                                   (1) OJ C 40 of 8.2.1997.
3. Orders the United Kingdom of Great Britain and
    Northern Ireland to pay the costs.