CELEX: C1997/009/08
Language: en
Date: 1997-01-11 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 24 October 1996 in Case C-32/95 P: Commission of the European Communities v. Lisrestal - Organização Gestão de Restaurantes Colectivos Lda and Others (European Social Fund - Decision reducing financial assistance initially granted - Infringement of the rights of the defence - Right of interested parties to be heard)

11 . 1 . 97          I EN |                 Official Journal of the European Communities                                     No C 9/5
      back coupon for an amount stated on the packaging                 Azevedo, 61 rue de Gasperich — the Court ( Sixth
      of those items entitles the customer, if he proves                Chamber), composed of: C. N. Kakouris, acting for the
      purchase of one of those items and satisfies other                President of the Chamber, P. J. G. Kapteyn and H.
      conditions printed on the coupon, to present the                  Ragnemalm ( Rapporteur), Judges; A. La Pergola,
      coupon to the manufacturer in return for payment of               Advocate-General; R. Grass, Registrar, has given a
      the stated amount, and (c) a customer purchases such              judgment on 24 October 1996, in which it:
      an item from a retailer, presents the coupon to the
      manufacturer and is paid the stated amount, the
      taxable amount is equal to the selling price charged by           1 . Dismisses the appeal.
      the manufacturer, less the amount indicated on the
      coupon and refunded. The same applies if the original
      supply is made by the manufacturer to a wholesaler
      rather than directly to a retailer.                               2 . Orders the appellant to pay the costs.
H OJ No C 386, 31 . 12 . 1994, p . 8 .                                  0 ) OJ No C 87, 8 . 4 . 1995 , p . 5 .
(2 ) OJ No L 145 , 13 . 6 . 1977, p . 1 .
                 JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                           ( Sixth Chamber)                                                    of 24 October 1996
                        of 24 October 1996
                                                                        in Case C-72/95 (reference for a preliminary ruling from
in Case C-32/95 P: Commission of the European                           the Netherlandse Raad van State): Aannemersbedrijf P. K.
Communities v. Lisrestal — Organização Gestão de                        Kraaijeveld BV and Others v. Gedeputeerde Staten van
           Restaurantes Colectivos Lda and Others (^                                             Zuid-Holland (M
(European Social Fund — Decision reducing financial                     (Environment — Directive 85/337/EEC — Assessment of
assistance initially granted — Infringement of the rights of            the effects of certain public and private projects on the
     the defence — Right of interested parties to be heard)                                        environment)
                               ( 97/C 9/08 )                                                        ( 97/C 9/09 )
               (Language of the case: Portuguese)                                       (Language of the case: Dutch)
  (Provisional translation; the definitive translation will be
            published in the European Court Reports)                      (Provisional translation; the definitive translation will be
                                                                                 published in the European Court Reports)
In Case C-32/95 P: Commission of the European
Communities ( Agents: Ana Maria Alves Vieira and                        In Case C-72/95 : reference to the Court pursuant to
Nicholas Khan ) — appeal against the judgment of the                    Article 177 of the EC Treaty from the Nederlandse Raad
Court of First Instance of the European Communities of                  van State ( Netherlandse State Council ) for a preliminary
6 December 1994 in Case T-450/93 Lisrestal and Others v.                ruling in the proceedings pending before that court
Commission [ 1994] ECR 11-1177, seeking to have that                    between Aannemersbedrijf P. K. Kraaijeveld BV and
judgment set aside in part, the other parties to the                    Others v. Gedeputeerde Staten van Zuid-Holland — on
proceedings being: Lisrestal — Organização Gestão de                    the interpretation of Council Directive 85/337/EEC of
Restaurantes Colectivos Lda, a company incorporated                     27 June 1985 on the assessment of the effects of certain
under Portuguese law, established in Almada ( Portugal ),               public and private projects on the environment ( 2 ) and on
Gabinete Tecnico de Informática Lda ( GTI ), a company                  the duty of national courts to ensure that a directive
incorporated under Portuguese law, established in Lisbon,               having direct effect is complied with, although no
Lisnico — Serviço Marítimo Internacional Lda, a                         individual has invoked it — the Court, composed of: G. C.
company incorporated under Portuguese law, established                  Rodriguez Iglesias, President, G. F. Mancini, J. L. Murray,
in Almada, Rebocalis — Rebocagem e Assistência                          L. Sevón ( Rapporteur), Presidents of Chambers, C. N.
Maritima Lda, a company incorporated under Portuguese                   Kakouris, P. J. G. Kapteyn, C. Gulmann, D. A. O.
law, established in Almada, and Gaslimpo — Sociedade de                 Edward, J. -P. Puissochet. G. Hirsch and M. Wathelet,
Desgasificação de Navios SA, a company incorporated                     Judges; M. B. Elmer, Advocate-General; D. Louterman-
under Portuguese law, established in Almada, represented                Hubeau, Principal Administrator, for the Registrar, has
by Manuel Rodrigues, of the Lisbon Bar, with an address                 given a judgment on 24 October 1996 , in which it has
for service in Luxemburg at the Chambers of Angelo Alves                ruled :