CELEX: C1996/077/06
Language: en
Date: 1996-03-16 00:00:00
Title: JUDGMENT OF THE COURT of 16 January 1996 in Case C-130/91 REV II ISAE/VP (Instituto Social de Apoio ao Emprego e à Valorização Profissional) and Others v. the Commission of the European Communities (Application for revision - Inadmissibility)

16 . 3 . 96           EN                   Official Journal of the European Communities                                   No C 77/3
               JUDGMENT OF THE COURT                                  Netherlands ( Agents : J. W. de Zwaan and J. S. van den
                         ( Fifth Chamber)                             Oosterkamp ) — application for a declaration that, by
                                                                      adopting on 19 September 1990 an order derogating from
                      of 11 January 1996                              the Margarinebesluit without notifying it to the
in Case C-480/93 P: Zunis Holding SA and Others v.                    Commission at the drafting stage, the Kingdom of the
        Commission of the European Communities (')                    Netherlands has failed to fulfil its obligations under Article 8
(Appeals — Competition — Merger control —                             of Council Directive 83/189/EEC of 28 March 1983 laying
Admissibility of an action for annulment of a decision                down a procedure for the provision of information in the
              refusing to re-open the procedure)                      field of technical standards and regulations ( OJ No L 109,
                                                                      1983 , p. 8 ), as amended by Council Directive 88/ 182/EEC
                            ( 96/C 77/04 )                            of 22 March 1988 ( OJ No L 81 , 1988 , p. 75 ), — the Courth
                                                                      ( Sixth Chamber ), composed of G. Hirsch, acting for the
                (Language of the case: English)                       President of the Chamber, G. F. Mancini , F. A.
                                                                      Schockweiler, J. L. Murray and H. Ragnemalm
                                                                      ( Rapporteur), Judges; Advocate General : D. Ruíz-Jarabo
In Case C-480/93 P, Zunis Holding SA, Finan SRL and                   Colomer; Registrar: D. Louterman-Hubeau, Principal
Massinvest SA ( represented by Nicholas Forwood QC and                Administrator, gave a judgment on 11 January 1996 , in
Stanley Crossick ) — appeal against the judgment of the               which it :
Court of First Instance of the European Communities
( Second Chamber ) of 28 October 1993 in Case T-83/92
                                                                      1 . Declares that, by adopting on 19 September 1990 an
Zunis Holding and Others v. Commission [ 1 993 ] ECR
11-1169, seeking to have that judgment set aside, the other                order derogating from the Margarinebesluit without
party to the proceedings being the Commission of the                       notifying it to the Commission at the drafting stage, the
European Communities ( Agents : Giuliano Marenco and                       Kingdom of the Netherlands has failed to fulfil its
Richard Lyal ) — the Court ( Fifth Chamber ), composed of                  obligations under Article 8 of Council Directive
D. A. O. Edward , President of the Chamber, J. -P.                         83/189/EEC of 28 March 1983 laying down a
                                                                           procedure for the provision ofinformation in the field of
Puissochet ( Rapporteur ), J. C. Moitinho de Almeida ,
C. Gulmann and P. Jann, Judges; C. O. Lenz, Advocate
                                                                           technical standards and regulations.
General; L. Hewlett, Administrator, for the Registrar, has
given a judgment on 11 January 1996 , in which it:                    2 . Orders the Kingdom of the Netherlands to pay the
                                                                           costs .
1 . Dismisses the appeal.
                                                                      (') Of No C 331 , 26 . 11 . 1994 .
2 . Orders the appellants to pay the costs.
(') OJ No C 59 , 26 . 2 . 1994 .
                                                                                     JUDGMENT OF THE COURT
                                                                                             of 16 January 1996
                                                                      in Case C-130/91 REV II ISAE/VP ( Instituto Social de
                                                                      Apoio ao Emprego e a Valorização Profissional) and Others
               JUDGMENT OF THE COURT                                      v. the Commission of the European Communities ( l )
                         ( Sixth Chamber )                                     (Application for revision — Inadmissibility)
                                                                                                 ( 96/C 77/06 )
                      of 11 January 1996
in Case      C-273/94: Commission of the              European
      Communities v. Kingdom of the Netherlands ( 1 )                               (Language of the case: Portuguese)
(Failure of a Member State to fulfil its obligations —
Obligation to give prior notification under Directive                 (Provisional translation; the definitive translation will be
                            83/189/EEC)                                         published in the European Court Reports)
                            ( 96/C 77/05 )
                                                                      In Case C-130/91 REV II : ISAE/VP ( Instituto Social de
                                                                      Apoio ao Emprego e a Valorização Profissional ) and
                 (Language of the case: Dutch)                        Interdata ( Centro de Processamento de Dados Limidada )
                                                                      ( represented by Agostinho Amado Rodrigues ) v. the
(Provisional translation; the definitive translation will be          Commission of the European Communities ( Agent: Ana
          published in the European Court Reports)                    Maria Alves Vieira ) — application for revision of the order
                                                                      of the Court of Justice of 14 January 1992 in Case C-130/91
                                                                      ISAE/VP and Interdata v. Commission [ 1992] ECR 1-69, the
In Case C-273/94 : Commission of the European                         Court, composed of G. C. Rodriguez Iglesias, President,
Communities ( Agent: H. van Lier ) v. Kingdom of the                  C. N. Kakouris, D. A. O. Edward, J. -P. Puissochet and
 ---pagebreak--- No C 77/4             EN                  Official Journal of the European Communities                                        16 . 3 . 96
G. Hirsch ( Presidents of Chambers ), G. F. Mancini, F. A.                Regulation, the skipper is presumed to be unaware of
Schockweiler, J. C. Moitinho de Almeida, P. J. G. Kapteyn,                that status, unless the authorities taking action
C. Gulmann, J. L. Murray ( Rapporteur ), P. Jann,                         concerning the infringement prove otherwise.
H. Ragnemalm, L. Sevón and M. Wathelet, Judges; P. Leger,
Advocate General; R. Grass, Registrar, has given a judgment          (>) OJ No C 331 , 26 . 11 . 1994 .
on 16 January 1996 in which it:
I. Dismisses the application for revision as inadmissible.
2 . Orders the applicants to pay the costs.                                             ORDER OF THE COURT
                                                                                               ( First Chamber)
(!) OJ No C 165 , 25 . 6 . 1991 .
                                                                                            of 11 January 1996
                                                                     in Case C-89/95 P: Mr D v. Commission of the European
                                                                                               Communities ( 1 )
                                                                     (Appeal manifestly inadmissible and manifestly
                                                                                                    unfounded)
               JUDGMENT OF THE COURT                                                              ( 96/C 77/08 )
                      ( Fourth Chamber)
                                                                                      (Language of the Case: French)
                     of 18 January 1996
in Case C-276/94 ( reference for a preliminary ruling from           (Provisional translation; the definitive translation will be
the Kriminal- og Skifteret i Frederikshavn ): criminal                         published in the European Court Reports)
               proceedings against Finn Ohrt ( 1 )
(Definition of vessel engaged in a fisheries inspection —            In Case C-89/95 P: Mr D ( represented by Eric Boigelot) —
  Obligations of the skipper of the vessel to be inspected)          appeal against the judgment of the Court of First Instance of
                           ( 96/C 77/07 )                            the European Communities ( Fourth Chamber ) of
                                                                     26 January 1995 in Case T-549/93 [ 1995 ] ECR-SC 11-43
                                                                     between D and the Commission, seeking to have that
                (Language of the case: Danish)                       judgment set aside, the other party to the proceedings being
                                                                     the Commission of the European Communities ( Agent: Ana
(Provisional translation; the definitive translation will be         Maria Alves Vieira ) — the Court ( First Chamber),
         published in the European Court Reports)                    composed of D. A. O. Edward, President of the Chamber,
                                                                     P. Jann ( Rapporteur ) and L. Sevón, Judges; M. B. Elmer,
In Case C-276/94 : reference to the Court under Article 177
                                                                     Advocate General; R. Grass, Registrar, made an order on
                                                                     11 January 1996 , the operative part of which is as
of the EEC Treaty from the Kriminal- og Skifteret ( Criminal,        follows :
Bankruptcy and Probate Court), Frederikshavn ( Denmark ),
for a preliminary ruling in the criminal proceedings pending
before that court against Finn Ohrt — on the interpretation          1 . The appeal is dismissed.
of Articles 2 and 3 of Commission Regulation ( EEC )
No 1382/87 of 20 May 1987 establishing detailed rules                2 . The appellant shall pay the costs.
concerning the inspection of fishing vessels ( OJ No L 132,
1987, p. 11 ) — the Court ( Fourth Chamber), composed of             (') OJ No C 159 , 24 . 6 . 1995 .
C. N. Kakouris, President of the Chamber, P. J. G. Kapteyn
and H. Ragnemalm ( Rapporteur ), Judges; A. M. La Pergola,
Advocate General; R. Grass, Registrar, has given a judgment
on 18 January 1996 , in which it rules :
1 . Article 2 of Commission Regulation (EEC) No 1382/87              Reference for a preliminary ruling by the Diikitiko
     of 20 May 1987 establishing detailed rules concerning           Protodikio ( Administrative Court of First Instance ),
     the inspection of fishing vessels must be interpreted as        Thessaloniki, by a decision of that court of 28 February
     meaning that every inspection vessel, regardless of type             1995 in the case of Sigfried Klattner v. Greek State
     or dimensions, must display the identification symbol or                                 ( Case C-389/95 )
     pennant described in Annex I to that Regulation.                                             ( 96/C 77/09 )
2 . The obligation to comply with the orders of a                    Reference has been made to the Court of Justice of the
     representative of the competent authority of a Member           European Communities by a decision of the Administrative
     State, under Article 3 of the Regulation, presupposes           Court of First Instance, Thessaloniki, of 28 February 1995 ,
     that the skipper of the vessel to be inspected is aware of      which was received at the Court Registry on 25 January
     the status of that representative. In the absence of the         1 996 , for a preliminary ruling in the case of Sigfried Klattner
     symbol or pennant required by Article 2 of the                  v. Greek State on the following questions: