CELEX: C1998/007/01
Language: en
Date: 1998-01-10 00:00:00
Title: JUDGMENT OF THE COURT of 23 October 1997 in Case C-160/94: Commission of the European Communities, supported by United Kingdom of Great Britain and Northern Ireland v. Kingdom of Spain, supported by French Republic and Ireland (Failure of a Member State to fulfil its obligations - Exclusive rights to import and export electricity)

10. 1. 98             EN                 Official Journal of the European Communities                                         C 7/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
               JUDGMENT OF THE COURT                                 1. dismisses the application;
                     of 23 October 1997
                                                                     2. orders the Commission of the European Communities
in Case C-160/94: Commission of the European                              to pay the costs;
Communities, supported by United Kingdom of Great
Britain and Northern Ireland v. Kingdom of Spain,
        supported by French Republic and Ireland (1)                 3. orders the United Kingdom of Great Britain and
                                                                          Northern Ireland, the French Republic and Ireland, as
(Failure of a Member State to fulfil its obligations Ð                    interveners, to bear their own costs.
      Exclusive rights to import and export electricity)
                                                                     (1) OJ C 202, 23. 7. 1994.
                         (98/C 7/01)
               (Language of the case: Spanish)
 (Provisional translation; the definitive translation will be                       JUDGMENT OF THE COURT
          published in the European Court Reports)                                         of 23 October 1997
                                                                     in Case C-189/95 (reference for a preliminary ruling from
In Case C-160/94: Commission of the European                         the Landskrona tingsrätt): criminal proceedings against
Communities (Agents: Richard B. Wainwright and Blanca                                        Harry FranzeÂn (1)
Rodríguez Galindo), supported by United Kingdom of
Great Britain and Northern Ireland (Agent: Lindsey                   (Articles 30 and 37 of the EC Treaty Ð Monopoly on the
Nicoll, assisted by David Anderson) v. Kingdom of Spain                               retail of alcoholic beverages)
(Agents: Alberto JoseÂ Navarro GonzaÂlez and Gloria Calvo                                       (98/C 7/02)
Díaz), supported by French Republic (Agents: Catherine
de Salins and Jean-Marc Belorgey), Ireland (Agent:                                  (Language of the case: Swedish)
Michael A. Buckley, assisted by John D. Cooke and
Jennifer Payne) Ð application for a declaration that, by
reserving to itself exclusive import and export rights for             (Provisional translation; the definitive translation will be
electricity, the Kingdom of Spain has failed to fulfil its                     published in the European Court Reports)
obligations under Articles 30, 34 and 37 of the EC Treaty
and Article 48 of the Act concerning the conditions of               In Case C-189/95: reference to the Court under Article 177
accession of the Kingdom of Spain and the Portuguese                 of the EC Treaty from the Landskrona tingsrätt for a
Republic and the adjustments to the Treaties (OJ L 302,              preliminary ruling in the criminal proceedings pending
15. 11. 1985, p. 23) Ð the Court, composed of: G. C.                 before that court against Harry FranzeÂn Ð on the
Rodríguez Iglesias, President, C. Gulmann, H. Ragnemalm              interpretation of Articles 30 and 37 of the EC Treaty Ð
and M. Wathelet (Presidents of Chambers), G. F. Mancini,             the Court, composed of: G. C. Rodríguez Iglesias,
J. C. Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,           President, C. Gulmann, H. Ragnemalm, M. Wathelet
D. A. O. Edward (Rapporteur), J.-P. Puissochet, G.                   (Presidents of Chambers), G. F. Mancini, J. C. Moitinho
Hirsch, P. Jann and L. Sevón, Judges; G. Cosmas,                     de Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O.
Advocate-General; H. von Holstein, Deputy Registrar, D.              Edward, J.-P. Puissochet (Rapporteur), G. Hirsch, P. Jann
Louterman-Hubeau, Principal Administrator, for the                   and L. Sevón, Judges, M. B. Elmer, Advocate-General; H.
Registrar, has given a judgment on 23 October 1997 in                von Holstein, Administrator, for the Registrar, has given a
which it:                                                            judgment on 23 October 1997, in which it has ruled: