CELEX: C1998/258/06
Language: en
Date: 1998-08-15 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 11 June 1998 in Joined Cases C-232/95 and C-233/95: Commission of the European Communities v Hellenic Republic (Failure to fulfil obligations - Directive 76/464/EEC - Water pollution - Non-transposition)

15.8.98               EN                  Official Journal of the European Communities                                      C 258/3
European Communities, residing in Brussels, represented              Regulation (EC) No 1107/96 of 12 June 1996 on the
by Jean-NoeÈl Louis, of the Brussels Bar, with an address            registration of geographical indications and designations
for service in Luxembourg at the offices of Fiduciaire               of origin under the procedure laid down in Article 17 of
Myson SARL, 30 Rue de Cessange Ð the Court (Fourth                   Regulation No 2081/92 (OJ L 148 of 21.6.1996, p. 1) Ð
Chamber), composed of: H. Ragnemalm, President of the                the Court, composed of: G. C. Rodríguez Iglesias,
Chamber, P. J. G. Kapteyn and K. M. Ioannou                          President, C. Gulmann (Rapporteur), H. Ragnemalm and
(Rapporteur), Judges; G. Tesauro, Advocate General; R.               M. Wathelet (Presidents of Chambers), J. C. Moitinho de
Grass, Registrar, has given a judgment on 28 May 1998,               Almeida, P. J. G. Kapteyn, J. L. Murray, J.-P. Puissochet,
in which it:                                                         G. Hirsch, P. Jann and L. Sevón, Judges; A. La Pergola,
                                                                     Advocate General; L. Hewlett, Administrator, for the
                                                                     Registrar, has given a judgment on 9 June 1998, in which
1. Dismisses the appeal;                                             it has ruled:
2. Orders the Commission of the European Communities                 1. Council Regulation (EEC) No 2081/92 of 14 July
     to pay the costs.                                                    1992 on the protection of geographical indications
                                                                          and designations of origin for agricultural products
                                                                          and foodstuffs must be interpreted as meaning that,
(1) OJ C 108 of 5.4.1997.
                                                                          since its entry into force, a Member State may not, by
                                                                          adopting provisions of national law, alter a
                                                                          designation of origin for which it has requested
                                                                          registration in accordance with Article 17 and protect
                                                                          that designation at national level.
               JUDGMENT OF THE COURT                                 2. As regards a compound' designation of origin, the
                        of 9 June 1998                                    fact that there is no footnote in the annex to
                                                                          Commission Regulation (EC) No 1107/96 of 12 June
in Joined Cases C-129/97 and C-130/97 (reference for a                    1996 on the registration of geographical indications
preliminary ruling from the Tribunal de Grande Instance,                  and designations of origin under the procedure laid
Dijon): criminal proceedings against Yvon Chiciak and                     down in Article 17 of Regulation No 2081/92
Fromagerie Chiciak, Jean-Pierre Fol, third parties:                       specifying that registration is not sought for one of the
       Syndicat de DeÂfense de l'EÂpoisses and Others (1)                 parts of that designation does not necessarily mean
(Regulation (EEC) No 2081/92 on the protection of                         that each of its constituent parts is protected.
geographical indications and designations of origin for
agricultural products and foodstuffs Ð Exclusive                     (1) OJ C 142 of 10.5.1997.
competence of the Commission Ð Scope of the protection
             of names comprising several terms)
                        (98/C 258/05)
                (Language of the case: French)
                                                                                     JUDGMENT OF THE COURT
                                                                                             (Sixth Chamber)
  (Provisional translation; the definitive translation will be                               of 11 June 1998
          published in the European Court Reports)
                                                                     in Joined Cases C-232/95 and C-233/95: Commission of
                                                                           the European Communities v Hellenic Republic (1)
In Joined Cases C-129/97 and C-130/97: reference to the
Court under Article 177 of the EC Treaty from the                    (Failure to fulfil obligations Ð Directive 76/464/EEC Ð
Tribunal de Grande Instance (Regional Court), Dijon                              Water pollution Ð Non-transposition)
(France), for a preliminary ruling in the criminal                                            (98/C 258/06)
proceedings pending before that court against Yvon
Chiciak and Fromagerie Chiciak (C-129/97), Jean-Pierre
Fol (C-130/97), third parties: Syndicat de DeÂfense de                                (Language of the case: Greek)
l'EÂpoisses (C-129/97 and C-130/97), Institut National des
Appellations d'Origine ContrôleÂes (INAO) (C-129/97 and
C-130/97), Association Nationale d'Appellation d'Origine
LaitieÁre FrancËaise (ANAOF) (C-129/97 and C-130/97),                  (Provisional translation; the definitive translation will be
Laiterie de la Côte SARL and Others (C-130/97) Ð on the                        published in the European Court Reports)
interpretation of Council Regulation (EEC) No 2081/92 of
14 July 1992 on the protection of geographical indications
and designations of origin for agricultural products and             In Joined Cases C-232/95 and C-233/95: Commission of
foodstuffs (OJ L 208 of 24.7.1992, p. 1) and Commission              the European Communities (Agent: Maria Condou-
 ---pagebreak--- C 258/4               EN                  Official Journal of the European Communities                                      15.8.98
Durande) v Hellenic Republic (Agents: Panagiotis                                   JUDGMENT OF THE COURT
Mylonopoulos and Evi Skandalou) Ð application for a
declaration that, by failing to establish programmes                                        (Sixth Chamber)
including quality objectives and setting deadlines for their
implementation in order to reduce the pollution of Lake                                     of 11 June 1998
Vegorrítis and the Soulos River (in Case C-232/95) and of
the Gulf of Pagasaí (in Case C-233/95) by the dangerous              in Case C-283/95 (reference for a preliminary ruling from
substances within List II of Council Directive 76/464/EEC            the     Finanzgericht     Baden-Württemberg,         Freiburg):
of 4 May 1976 on pollution caused by certain dangerous                    Karlheinz Fischer v Finanzamt Donaueschingen (1)
substances discharged into the aquatic environment of the
                                                                     (Tax provisions Ð Sixth VAT Directive Ð Application to
Community (OJ L 129 of 18.5.1976, p. 23), and by
                                                                     the organisation of unlawful games of chance Ð
failing to make discharges into Lake Vegorrítis and the
                                                                                Determination of the taxable amount)
Soulos River (in Case C-232/95) and of the Gulf of
Pagasaí (in Case C-233/95), which are liable to contain
                                                                                             (98/C 258/07)
substances within List II, conditional on the grant of prior
authorisation laying down emission standards, the
Hellenic Republic has failed to fulfil its obligations under
the EC Treaty and Directive 76/464/EEC, in particular
Articles 2 (in Case C-232/95) and 7 (in Cases C-232/95                             (Language of the case: German)
and C-233/95) thereof Ð the Court (Sixth Chamber),
composed of: R. Schintgen, President of the Second
Chamber, acting for the President of the Sixth Chamber,
G. F. Mancini and G. Hirsch (Rapporteur), Judges; G.
Tesauro, Advocate General; L. Hewlett, Administrator, for              (Provisional translation; the definitive translation will be
the Registrar, has given a judgment on 11 June 1998, in                       published in the European Court Reports)
which it:
                                                                     In Case C-283/95: reference to the Court under Article 177
                                                                     of the EC Treaty by the Finanzgericht Baden-
                                                                     Württemberg, Freiburg (Germany) for a preliminary ruling
1. Declares that, by failing to establish programmes                 in the proceedings pending before that court between
     including quality objectives and setting deadlines for          Karlheinz Fischer and Finanzamt Donaueschingen Ð on
     their implementation in order to reduce the pollution           the interpretation of the Sixth Council Directive 77/388/
     of the waters of Lake Vegorrítis and its tributary, the         EEC of 17 May 1977 on the harmonisation of the laws of
     Soulos River, and of the waters of the Gulf of Pagasaí,         the Member States relating to turnover taxes Ð Common
     by the dangerous substances within List II of Council           system of value added tax: uniform basis of assessment
     Directive 76/464/EEC of 4 May 1976 on pollution                 (OJ L 145 of 13.6.1977, p. 1) Ð the Court (Sixth
     caused by certain dangerous substances discharged               Chamber), composed of: H. Ragnemalm, President of the
     into the aquatic environment of the Community, the              Chamber, G. F. Mancini (Rapporteur), P. J. G. Kapteyn,
     Hellenic Republic has failed to fulfil its obligations          J. L. Murray and G. Hirsch, Judges; F. G. Jacobs,
     under that directive, in particular Article 7 thereof;          Advocate General; L. Hewlett, Administrator, for the
                                                                     Registrar, has given a judgment on 11 June 1998, in which
                                                                     it has ruled:
2. Dismisses the remainder of the application;                       The unlawful operation of a game of chance, in the event
                                                                     roulette, falls within the scope of the Sixth Council
                                                                     Directive 77/388/EEC of 17 May 1977 on the
                                                                     harmonisation of the laws of the Member States relating
                                                                     to turnover taxes Ð Common system of value added tax:
                                                                     uniform basis of assessment. Article 13(B)(f) of that
3. Orders the Hellenic Republic to pay the costs.                    directive must be interpreted as meaning that a Member
                                                                     State may not impose value added tax on that activity
                                                                     when the corresponding activity carried on by a licensed
                                                                     public casino is exempted.
(1) OJ C 248 of 23.9.1995.
                                                                     (1) OJ C 268 of 14.10.1995.