CELEX: C1997/252/01
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 5 June 1997 in Case C-105/94 (reference for a preliminary ruling from the Tribunale Civile e Penale di Ravenna): Ditta Angelo Celestini v. Saar-Sektkellerei Faber GmbH & Co. KG (Common organization of the market in wine - Control of wines from another Member State - Method of testing oxygen isotopes in water using abundance ratio mass spectrometry)

16 . 8 . 97         Ien |                   Official Journal of the European Communities                                   No C 252/1
                                                                      I
                                                               (Information)
                                                 COURT OF JUSTICE
                                                            COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                        accompanied by bona fide certificates of analysis
                         ( Second Chamber)                                    issued by research institutes duly authorized in the
                                                                              Member State of origin, provided that those controls
                            of 5 June 1997                                    are applied in a non-discriminatory manner, that they
in Case C-105/94 (reference for a preliminary ruling from                     observe the principle of proportionality and that
the Tribunale Civile e Penale di Ravenna ): Ditta Angelo                      account is taken, in particular, of the controls already
   Celestini v. Saar-Sektkellerei Faber GmbH &C Co. KG (M                     carried out in the Member State of origin.
 (Common organization of the market in wine — Control
of wines from another Member State — Method of testing                   2 . It is for the national court to determine, in accordance
oxygen isotopes in water using abundance ratio mass                           with the rules of procedure applicable in that Member
                             spectrometry)                                    State, whether the wine analysis method known as
                                                                              'determination of 0 18/0 16 abundance ratio of water in
                              97/C 252/01                                     wine ' is consistent with the criteria of accuracy,
                                                                              repeatability and reproducibility laid down in
                  (Language of the case: Italian)                             Article 74 (2) (c) of Council Regulation (EEC) No 822/
                                                                              87 of 16 March 1987 on the common organization of
                                                                              the market in wine.
   (Provisional translation; the definitive translation will be
            published in the European Court Reports)
                                                                         (') OJ No C 132, 14 . 5 . 1994 .
In Case C-105/94 : reference to the Court under Article 177
of the EC Treaty from the Tribunale Civile e Penale di
Ravenna ( Civil and Criminal Court, Ravenna ) ( Italy ), for
a preliminary ruling in the proceedings pending before
that court between Ditta Angelo Celestini and Saar­
Sektkellerei     Faber     GmbH      &   Co .  KG    —    on   the                      JUDGMENT OF THE COURT
interpretation of Articles 30 and 36 of the EC Treaty and                                         (Fifth Chamber)
of Article 74 ( 2 ) (c ) of Council Regulation ( EEC ) No 822/
                                                                                                   of 5 June 1997
87 of 16 March 1987 on the common organization of the
market in wine ( OJ No L 84, 27. 3 . 1987, p. 1 ), read in              in Case C-2/95 (reference for a preliminary ruling from
conjunction with Commission Regulation ( EEC) No 2676/                  the Østre Landsret): Sparekassernes Datacenter ( SDC ) v.
90 of 17 September 1990 determining Community                                                  Skatteministeriet ( ] )
methods for the analysis of wines ( OJ No L 272, 3 . 10 .
1990, p. 1 ) — the Court ( Second Chamber ), composed of:
                                                                        (Sixth VAT Directive — Article 13 B (d), points 3 to 5 —
                                                                                              Exempt transactions)
G. F. Mancini, President of the Chamber, G. Hirsch
( Rapporteur) and H. Ragnemalm, Judges; N. Fennelly,                                               ( 97/C 252/02 )
Advocate-General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 5 June 1997, in which                                 (Language of the case: Danish)
it has ruled :
1 . Articles 30 and 36 of the EC Treaty must be                            (Provisional translation; the definitive translation will be
      interpreted as not precluding a Member State from                            published in the European Court Reports)
      subjecting wine produced in another Member State to
      an appropriate control in order to test its conformity            In Case C-2/95 : reference to the Court under Article 177
      with Community rules, even where that wine is                     of the EC Treaty from the 0stre Landsret ( Denmark) for a