CELEX: C2001/079/08
Language: en
Date: 2001-03-10 00:00:00
Title: Judgment of the Court of 5 December 2000 in Case C-448/98 (reference for a preliminary ruling from the Tribunal de Police, Belley, France): criminal proceedings against Jean-Pierre Guimont (Measures having equivalent effect to a quantitative restriction — Purely internal situation — Manufacture and marketing of Emmenthal cheese without rind)

10.3.2001                 EN                     Official Journal of the European Communities                                          C 79/5
failing to communicate to the Commission the laws, regu-                    D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevón and
lations and administrative provisions necessary to comply with              R. Schintgen, Judges; A. Saggio, Advocate General; H. von
Directive 97/51/EC of the European Parliament and of the                    Holstein, Deputy Registrar, for the Registrar, has given a
Council of 6 October 1997 amending Council Directives                       judgment on 5 December 2000, in which it has ruled:
90/387/EEC and 92/44/EEC for the purpose of adaptation to
a competitive environment in telecommunications (OJ 1997
L 295, p. 23), the Italian Republic has failed to fulfil its                Article 30 of the EC Treaty (now, after amendment, Article 28 EC)
obligations under that directive — the Court (Third Chamber),               precludes a Member State from applying to products imported from
composed of: C. Gulmann (Rapporteur), President of the                      another Member State, where they are lawfully produced and
Chamber, J.-P. Puissochet and F. Macken, Judges; S. Alber,                  marketed, a national rule prohibiting the marketing of a cheese
Advocate General; R. Grass, Registrar, has given a judgment                 without rind under the designation ‘Emmenthal’ in that Member
on 30 November 2000, in which it:                                           State.
1.    Declares that, by failing to adopt, within the prescribed period,
      the laws, regulations and administrative provisions necessary to      (1) OJ C 33 of 6.2.1999.
      comply with Directive 97/51/EC of the European Parliament
      and of the Council of 6 October 1997 amending Council
      Directives 90/387/EEC and 92/44/EEC for the purpose of
      adaptation to a competitive environment in telecommunications,
      the Italian Republic has failed to fulfil its obligations under
      that directive;
2.    Orders the Italian Republic to pay the costs.
                                                                                             JUDGMENT OF THE COURT
(1) OJ C 20 of 22.1.2000.
                                                                                                  of 5 December 2000
                                                                            in Case C-477/98 (reference for a preliminary ruling from
                                                                            the Court of Appeal in Northern Ireland): Eurostock Meat
                                                                            Marketing Ltd v Department of Agriculture for Northern
                                                                                                        Ireland (1)
                  JUDGMENT OF THE COURT
                                                                            (Agriculture — Animal health — National emergency
                         of 5 December 2000                                 measures against bovine spongiform encephalopathy —
                                                                                                 Specified risk material)
in Case C-448/98 (reference for a preliminary ruling
from the Tribunal de Police, Belley, France): criminal                                               (2001/C 79/09)
         proceedings against Jean-Pierre Guimont (1)
(Measures having equivalent effect to a quantitative restric-                                  (Language of the case: English)
tion — Purely internal situation — Manufacture and
         marketing of Emmenthal cheese without rind)
                                                                            In Case C-477/98: reference to the Court under Article 177 of
                                                                            the EC Treaty (now Article 234 EC) from the Court of Appeal
                            (2001/C 79/08)
                                                                            in Northern Ireland (United Kingdom) for a preliminary
                                                                            ruling in the proceedings pending before that court between
                                                                            Eurostock Meat Marketing Ltd and Department of Agriculture
                      (Language of the case: French)                        for Northern Ireland — on the interpretation of Article 9
                                                                            of Council Directive 89/662/EEC of 11 December 1989
                                                                            concerning veterinary checks in intra-Community trade with a
(Provisional translation; the definitive translation will be published      view to the completion of the internal market (OJ 1989 L 395,
                    in the European Court Reports)                          p. 13), Commission Decision 97/534/EC of 30 July 1997 on
                                                                            the prohibition of the use of material presenting risks as
In Case C-448/98: reference to the Court under Article 177 of               regards transmissible spongiform encephalopathies (OJ 1997
the EC Treaty (now Article 234 EC) from the Tribunal de                     L 216, p. 95) and Article 36 of the EC Treaty (now, after
Police (Local Criminal Court), Belley, (France) for a preliminary           amendment, Article 30 EC) — the Court, composed of:
ruling in the criminal proceedings before that court against                G.C. Rodrı́guez Iglesias, President, C. Gulmann, A. La Pergola,
Jean-Pierre Guimont — on the interpretation of Articles 3(a)                M. Wathelet and V. Skouris (Presidents of Chambers),
and 30 et seq. of the EC Treaty (now, after amendment,                      D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevón (Rapporteur),
Articles 3(1)(a) EC and 28 EC et seq.) — the Court, composed                R. Schintgen and F. Macken, Judges; S. Alber, Advocate
of: G.C. Rodrı́guez Iglesias, President, C. Gulmann (Rappor-                General; L. Hewlett, Administrator, for the Registrar, has given
teur), M. Wathelet and V. Skouris (Presidents of Chambers),                 a judgment on 5 December 2000, in which it has ruled: