CELEX: C1995/248/04
Language: en
Date: 1995-09-23 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 11 August 1995 in Case C-12/94 (reference for a preliminary ruling from the Oberlandesgericht, Hamm): Uelzena Milchwerke eG v. Willi Antpöhler GmbH & Co. KG (Reference for a preliminary ruling - Article 4 of Commission Regulation (EEC) No 570/88 - Aid for cream, butter, and concentrated butter - Conditions governing the grant of aid - Composition of the product)

23 . 9 . 95          | EN                 Official Journal of the European Communities                                    No C 248/3­
               JUDGMENT OF THE COURT                                       flour-based biscuits with an average flour content of
                       ( Second Chamber)                                   46 % of the weight of the constituents, and intended for
                                                                           baking by the end-user cannot ' qualify for aid.
                       of 11 August 1995
in Case C-12/94 (reference for a preliminary ruling from the         (')   OJ No  C 59 , 26 . 2 . 1994 .
Oberlandesgericht, Hamm): Uelzena Milchwerke eG v.                   (2)   OJ No  L 55 , 1 . 3 . 1988 , p . 31 .
            Willi Antpöhler GmbH & Co. KG ( ! )                      (3 )  OJ No  L 111 , 22 . 4 . 1989 , p . 24 .
(Reference for a preliminary ruling — Article 4 of                   (4 )  OJ No  L 112 , 4 . 5 . 1991 , p . 57 .
Commission Regulation (EEC) No 570/88 — Aid for
cream, butter, and concentrated butter — Conditions
governing the grant of aid — Composition of the
                             product)
                          ( 95/C 248/04 )
                                                                     Action brought on 5 July 1995 by the Commission of the
                (Language of the case: German)                            European Communities against the Hellenic Republic
                                                                                                 ( Case C-232/95 )
                                                                                                   ( 95/C 248/05 )
(Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                     An action against the Hellenic Republic was brought before
                                                                     the Court of Justice on 5 July 1995 by the Commission
In Case C-12/94 : reference to the Court under Article 177 of        of the European Communities, represented by Maria
the EC Treaty from the Oberlandesgericht ( Higher Regional           Kontou-Durande, of its Legal Service, with an address for
Court ) Hamm ( Germany ) for a preliminary ruling in the             service in Luxembourg at the office of Carlos Gomez de la
proceedings pending before that court between Uelzena                Cruz, also of its Legal Service , Wagner Centre .
Milchwerke eG and Willi Antpohler GmbH & Co . KG —
on the interpretation of Article 4 of Commission Regulation          The applicant claims that the Court should :
( EEC ) No 570/88 of 16 February 1988 on the sale of butter
at reduced prices and the grant of aid for cream, butter and         ( 1 ) declare that,
concentrated butter of use in the manufacture of pastry
products, ice-cream and other foodstuffs (2 ), as amended
by Commission Regulation ( EEC ) No 1048/89 (-1 ) and                       — by failing to establish programmes to include
Commission Regulation ( EEC ) No 1157/91 (4 ) — the Court                       quality objectives and time-limits for achieving
( Second Chamber ), composed of: F. A. Schockweiler,                            those objectives, in order to reduce pollution of
President of the Chamber, G. F. Mancini ( Rapporteur ) and                      Lake Vegoritis and the Soulos River by the
G. Hirsch, Judges; M. B. Elmer, Advocate General; H. von                        dangerous substances within List II of Directive
Holstein, Deputy Registrar, for the Registrar, has given a                      76/464/EEC ( ] ) of 4 May 1976 on pollution caused
judgment on 11 August 1995 , in which it rules :                                by certain dangerous substances discharged into the
                                                                                aquatic environment of the Community, and
A. Article 4 ( 1 ), Formula A (a), of Commission Regulation                 — by not subjecting discharges from industries and
     (EEC) No 570/88 of 16 February 1988 on the sale of                         installations in the area which are liable to contain
     butter at reduced prices and the grant of aid for cream,                   substances within List II to prior authorization
     butter and concentrated butter for use in the                              by the competent authority in which emission
     manufacture of pastry products, ice-cream and other                        standards are to be laid down,
     foodstuffs, as amended by Commission Regulation
     (EEC) No 1 1 57/91 , must be interpreted as meaning that               the Hellenic Republic has failed to fulfil its obligations
     butter from intervention stocks incorporated into                      under the Treaty and Council Directive 76/464/EEC, in
     deep-frozen, oven-ready sticks of short pastry made                    particular Articles 2 and 7 thereof;
     With butter, in the form of flour-based biscuits with an
     average flour content of 46 % of the weight of the              ( 2 ) order the Hellenic Republic to pay the costs .
     constituents, and intended for baking by the end-user
     cannot qualify for aid. The flour content ofsuch sticks is
     not relevant for the purposes of the application of that        Pleas in law and main arguments adduced in support:
     provision;
                                                                     following complaints on the matter, the Commission
                                                                     requested information from the Greek authorities as to the
2 . Article 4 (3), Formula C (a) (1 ), of Regulation (EEC)           quality of water of Lake Vegoritis and the Soulos River and
     No 570/88, as amended by Commission Regulation                  the likely sources of their pollution . Since it was not satisfied
     (EEC) No 1048/89 and Commission Regulation (EEC)                by the reply given by the Greek authorities, in a reasoned
     No 1 157/91 , must be interpreted as meaning that butter        opinion of 16 October 1992 it called upon them to apply
     incorporated into deep-frozen, oven-ready sticks of             within two months Directives 76/464/EEC, 75/442/EEC
     short pastry made with butter, in the form of                   and 78/319/EEC in respect of the said waters. In answer to