CELEX: C1995/054/06
Language: en
Date: 1995-03-04 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 19 January 1995 in Joined Cases C-351/93, C-352/93 and C-353/93 (references for preliminary rulings from the College van Beroep voor het Bedrijfsleven): Fitmay Ltd and H. A. van der Linde v. Minister van Landbouw, Natuurbeheer en Visserij and Tracotex Holland BV v. Minister van Landbouw, Natuurbeheer en Visserij (Common organization of the market in products processed from fruit and vegetables - Import into the Community of dried grapes and Morello cherries - Countervailing charge if the minimum import price is not respected - Determination of the actual import price - Extent of the powers of the authorities of the Member States)

No C 54/4             EN                  Official Journal of the European Communities                                       4. 3 . 95
Kingdom of the Netherlands has failed to fulfil its                   C-351/93 ) the interpretation and validity of Article 2 ( 3 ) of
obligations under the EC Treaty — the Court ( Fifth                   Commission Regulation (EEC ) No 2237/85 of 30 July 1985
Chamber), composed of: C. Gulmann, President of the                   laying down detailed rules for the application of the
Third Chamber, acting as President of the Fifth Chamber,              minimum import price system for dried grapes (2) and on the
J. C. Moitinho de Almeida, D. A. O. Edward (Rapporteur),              interpretation of Article 9 of Council Regulation (EEC)
Judges; G. Tesauro, Advocate General; R. Grass, Registrar,            No 426/86 of 24 February 1986 on the common
has given a judgment on 17 January 1995, in which it:                 organization of the market in products processed from fruit
                                                                      and vegetables ( 3 ); on (in Case C-352/93 ) the interpretation
                                                                      of Commission Regulation (EEC) No 994/88 of 15 April
 1 . declares that, by failing to adopt the measures necessary
                                                                      1988 on the application of the countervailing charge
     for the transposition of Council Directive 90/667/EEC            pursuant to Regulation (EEC) No 2742/82 on protective
     of 27 November 1990 laying down the veterinary rules             measures applicable to imports of dried grapes (4), on the
     for the disposal and processing of animal waste, for its         interpretation and validity of Article 4 ( 3 ) of Commission
     placing on the market and for the prevention of                  Regulation ( EEC ) No 2742/82 of 13 October 1982 on
     pathogens in feedstuffs of animal or fish origin, and            protective measures applicable to imports of dried
     amending Directive 90/425/EEC, the Kingdom of the                grapes (5 ), and on the interpretation of Article 14 of Council
     Netherlands has failed to fulfil its obligations under           Regulation (EEC ) No 516/77 of 14 March 1977 on the
     Article 21 (1) of the first-mentioned directive;
                                                                      common organization of the market in products processed
                                                                      from fruit and vegetables (6); and (in Case C-353/93 ) on the
2. orders the Kingdom of the Netherlands to pay the                   interpretation and validity of Article 3 ( 3 ) of Commission
     costs.                                                           Regulation ( EEC ) No 1626/85 of 14 June 1985 on
                                                                      protective measures applicable to imports of certain
(M OJ No C 120, 30 . 4 . 1994 .                                       Morello cherries ( 7) and on the interpretation of
(2 ) OJ No L 363 , 27. 12 . 1990, p . 51 .                            Article 18 (2 ) of Regulation No 426/86 — the Court ( Sixth
                                                                      Chamber), composed of: F. A. Schockweiler, President of
                                                                      the Chamber, P. J. G. Kapteyn, G. F. Mancini, C. N.
                                                                      Kakouris (Rapporteur) and J. L. Murray, Judges; W. van
                                                                      Gerven, Advocate General; H. A. Riihl, Principal
                                                                      Administrator, for the Registrar, has given a judgment on
                                                                      19 January 1995 , in which it rules:
               JUDGMENT OF THE COURT
                        (Sixth Chamber)                               Case C-352/93
                     of 19 January 1995
in Joined Cases C-351/93, C-352/93 and C-353/93                       1 . Community law is to be interpreted as meaning that the
(references for preliminary rulings from the College van                  legel basis for calculation of a countervailing charge
Beroep voor het Bedrijfsleven): Fitmay Ltd and H. A. van                  imposed for the first time after delivery of the judgment
der Linde v. Minister van Landbouw, Natuurbeheer en                       ofl 1 February 1988 in Case 77/86 National Dried Fruit
Visserij and Tracotex Holland BV v. Minister van                          Trade Association [1988] ECR 757 is Article 2 (2) of
           Landbouw, Natuurbeheer en Visserij ( l )                       Commission Regulation (EEC) No 2742/82 of
                                                                          13 October 1982 on protective measures applicable to
(Common organization ofthe market in productsprocessed                    imports of dried grapes, in so far as it was not declared
from fruit and vegetables — Import into the Community of                  invalid by that judgment;
driedgrapes and Morello cherries — Countervailing charge
if the minimum import price is not respected —
Determination of the actual import price — Extent of the             2. Article 4 (3) of Regulation No 2742/82 is to be
      powers of the authorities of the Member States)                     interpreted as meaning that if the competent authorities
                                                                          have doubts as to whether the import price declared is
                          ( 95/C 54/06)                                   the true one, they may take al necessary measures to
                                                                          establish that price;
                (Language of the case: Dutch)
                                                                     3 . consideration of the question has disclosed no factor of
                                                                          such a kind as to affect the validity of Article 4 (3) of
(Provisional translation; the definitive translation will be
                                                                          Regulation No 2742/82.
         published in the European Court Reports)
                                                                     Case C-351 /92
In Joined Cases C-351/93 , C-352/93 and C-353/93 :
references to the Court under Article 177 of the EEC Treaty
from the College van Beroep voor het Bedrijfsleven                   1 . Article 2 (3) of Commission Regulation (EEC)
(Administrative Court for Trade and Industry),                            No 2237/85 of 30 July 1985 laying down detailed rules
Netherlands, for preliminary rulings in the proceedings                   for the application of the minimum import price system
pending before that court between Fitmay Ltd and H. A. van                for dried grapes is to be interpreted as meaning that ifthe
der Linde and Minister van Landbouw, Natuurbeheer en                      national authorities have doubts as to whether the
Visserij and between Tracotex Holland BV and Minister van                 import price declared is the true one, they may take all
Landbouw, Natuurbeheer en Visserij — on (in Case                          necessary measures to establish that price;
 ---pagebreak--- 4.3.95                [JN                   Official Journal of the European Communities                                   No C 54/5
2. consideration of the question has disclosed no factor of            said directives and Articles 5 and 1 89 of the EC Treaty — the
     such a kind as to affect the validity of Article 2 (3) of         Court ( Sixth Chamber), composed of: F. A. Schockweiler,
     Regulation (EEC) No 2237/85.                                      President of the Chamber, G. F. Mancini, C. N. Kakouris,
                                                                       J. L. Murray ( Rapporteur) and G. Hirsch, Judges; P. Leger,
Case C-353/93                                                          Advocate General; R. Grass, Registrar, has given a judgment
                                                                       on 19 January 1995, in which it:
1 . Article 3 (3) of Commission Regulation (EEC)
     No 1626/85 of 14 June 1985 on protective measures                 1 . declares that by failing to adopt within the prescribed
     applicable to imports of certain Morello cherries is to be              period the laws, regulations and administrative
     interpreted as meaning that if the competent authorities                provisions necessary to comply with Council Directive
     have doubts as to whether the import price declared is                   91 /687/EEC of 11 December 1991 amending Directives
     the true one, they make take all necessary measures to                   64/432/EEC, 72/461 /EEC and 80/215/EEC as regards
     estasblish that price;                                                   certain measures relating to swine-fever and with
                                                                              Council Directive 91 /688/EEC of 11 December 1991
2. consideration of the question has disclosed no factor of                   amending Directive 72/462/EEC on health and­
     such a kind as to affect the validity of Article 3 (3) of                veterinary inspection problems upon importation of
     Regulation (EEC) No 1626/85;                                             bovine, ovine and caprine animals and swine, fresh meat
3 . Article 3 (3) of Regulation (EEC) No 1626/85 is to be                     or meat products from third countries the Kingdom of
     interpreted as meaning that the phrase 'the exporter in                  Belgium has failed to fulfil the obligations regarding
     the country in which the products originated' refers                     their transposition imposed on it by Article 4 of
     exclusively to an exporter whose undertaking is                          Directive 91 /687/EEC and Article 2 of Directive
     established in the country of origin of the goods.                       91 /688/EEC;
(!) OJ No C 232, 28 . 8 . 1993 .                                       2 . order the Kingdom of Belgium to pay the costs.
(2 ) OJ No L 209, 6 . 8 . 1985 , p. 24 .
(3 ) OJ No L 49, 27. 2 . 1986, p. 1 .                                  (M OJ No C 103 , 11 . 4 . 1994 .
(4 ) OJ No  L  99, 16 . 4 . 1988, p . 12 .                             (2 ) OJ No L 377, 31 . 12 . 1991 , p. 16 .
(5)  OJ No  L  290, 19 . 10 . 1982, p . 28                              (3 ) OJ No L 377, 31 . 12 . 1991 , p . 18 .
(6 ) OJ No  L  73 , 21 . 3 . 1977, p. 1 .
( 7) OJ No  L  156, 15 . 6 . 1985 , p. 13 .
                JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                            (Sixth Chamber)                                                   of 24 January 1995
                         of 19 January 1995                            in Case C-359/93: Commission of the                   European
in    Case     C-66/94: Commission of the              European                Communities v. Kingdom of the Netherlands ( ! )
           Communities v. Kingdom of Belgium ( x )                      (Tender notices for public supply contracts — Review
(Failure by a Member State to fulfilits obligations — Failure               procedure — Notification — Technical specifications)
                      to transpose a directive)                                                    ( 95/C 54/08 )
                              ( 95/C 54/07)
                                                                                         (Language of the case: Dutch)
                 (Language of the case: French)
(Provisional translation; the definitive translation will be            (Provisional translation; the definitive translation will be
         published in the European Court Reports)                                  published in the European Court Reports)
In Case C-66/94: Commission of the European                             In Case C-359/93 : Commission of the European
Communities (Agent: Gerard Rozet) v. Kingdom of Belgium                 Communities (Agent: H. van Lier) v. Kingdom of the
(Agent: Jan Devadder) — application for a declaration that              Netherlands (Agents: J. W. de Zwaan and T. Heukels ) —
by failing to bring into force the laws, regulations and                application for a declaration that the Kingdom of the
administrative provisions necessary to comply with Council              Netherlands has failed to fulfil its obligations under Council
Directive 91/687/EEC of 11 December 1991 amending                       Directive 77/62/EEC of 21 December 1976 coordinating
Directives 64/432/EEC, 72/461/EEC and 80/215/EEC as                     procedures for the award of public supply contracts (2 ), as
regards certain measures relating to swine-fever (2) and with           amended by Council Directives 80/767/EEC ( 3 ) and
Council Directive 91 /688/EEC of 11 December 1991                       88/295/EEC (4), and also under Article 30 of the EEC
amending Directive 72/462/EEC on health and veterinary                  Treaty, — the Court, composed of: G. C. Rodriguez Iglesias,
inspection problems upon importation of bovine, ovine and               President, P. J. G. Kapteyn (President of Chamber), G. F.
caprine animals and swine, fresh meat or meat products                  Mancini, C. N. Kakouris, J. L. Murray, D. A. O. Edward
from third countries (3 ) and/or by failing to communicate              (Rapporteur) and G. Hirsch, Judges; G. Tesauro: Advocate
them to the Commission, the Kingdom of Belgium has failed               General; R. Grass, Registrar, has given a judgment on
to fulfil its obligations under the penultimate articles of the         24 January 1995 , in which it: