CELEX: C1996/318/15
Language: en
Date: 1996-10-26 00:00:00
Title: Reference for a preliminary ruling by a Social Security Commissioner, by Decision of 2 September 1996, in the case of Mrs Vera A. Partridge against the Adjudication Officer (Case C-297/96)

26 . 10 . 96         I EN 1                     Official Journal of the European Communities                                 No C 318/7
may not be added to the ' Register of protected                            service in Luxembourg at the office of Carlos Gomez de la
designations'.                                                             Cruz, Wagner Centre, Kirchberg.
(') OJ No L 148 , 21 . 6 . 1996 , p . 1 .                                  The applicant claims that the Court should:
( 2 ) OJ No L 208 , 24 . 7 . 1992 , p . 1 .
(•') OJ No L 184, 27 . 7. 1993 , p . 1 .                                   — declare that, by not adopting within the prescribed
                                                                                 period the laws, regulations and administrative
                                                                                 provisions necessary to comply with Council Directive
                                                                                 93/76/EEC of 13 September 1993 to limit carbon
                                                                                 dioxide emissions by improving energy efficiency
Action brought on 9 September 1996 by the Commission of                          ( SAVE )( 1 ) and, in any event, by not communicating
the European Communities against the Kingdom of                                  those measures to the Commission, the Kingdom of
                                  Belgium                                        Belgium has failed to fulfil its obligations under that
                                                                                 Directive,
                            Case C-294/96 )
                             ( 96/C 318/ 12 )                              — order the Kingdom of Belgium to pay the costs .
An action against the Kingdom of Belgium was brought                       Pleas in law and main arguments adduced in support
before the Court of Justice of the European Communities on
9 September 1996 by the Commission of the European                         The pleas in law and main arguments are analogous to those
Communities, represented by Hendrik van Lier and                           put forward in Case C-294/96 ( 2 ); the period prescribed by
                                                                           the Directive expired on 31 December 1994 .
Jean-Francis Pasquier, acting as Agents, with an address for
service in Luxembourg at the office of Carlos Gomez de la
                                                                           (') OJ No L 237, 22 . 9 . 1993 , p. 28 .
Cruz, of the Commission's Legal Service, Wagner Centre,                    ( 2 ) See page 7 of this ed . Official Journal .
Kirchberg.
The applicant claims that the Court should :
— declare that the Kingdom of Belgium has failed to fulfil
      its obligations under the EC Treaty by not adopting                  Reference for a preliminary ruling by the Pretura
      within the prescribed period the laws, regulations and               Circondariale di Roma — Sezione Distaccata di Tivoli — by
      administrative provisions necessary to comply with                   order of that court of 9 June 1995 in the criminal
      Council Directive 93/42/EEC of 14 June 1993                                       proceedings against Giancarlo Pezzola
      concerning medical devices ('),                                                                ( Case C-296/96 )
                                                                                                        ( 96/C 318/ 14 )
— order the Kingdom of Belgium to pay the costs .
                                                                           Reference has been made to the Court of Justice of the
Pleas in law and main arguments adduced in support                         European Communities by order of the Pretura
                                                                           Circondariale di Roma — Sezione Distaccata di Tivoli
The binding character of the third paragraph of Article 189                ( Rome District Magistrates' Court — Tivoli Division ) of
of the EC Treaty places Member States to whom Directives                   9 June 1995 , which was received at the Court Registry on
are addressed under an obligation to adopt the measures                    9 September 1996 , for a preliminary ruling in the criminal
necessary to comply with those Directives within the time                  proceedings against Giancarlo Pezzola on questions
limits set therein for their implementation. In the present                identical to those submitted in Joined Cases C-58/95 and
case, when the period prescribed by Directive 93/42/EEC                    C-75/95 ( 1 ).
expired on 1 July 1994 , the Kingdom of Belgium had not
adopted the necessary measures .                                           (') See OJ No C 119 , 13 . 5 . 1995 , p . 6 .
 (') OJ No L 169 , 12 . 7 . 1993 , p . 1 .
                                                                           Reference for a preliminary ruling by a Social Security
                                                                           Commissioner, by Decision of 2 September 1996, in the case
Action brought on 9 September 1996 by the Commission of                    of Mrs Vera A. Partridge against the Adjudication
the European Communities against the Kingdom of                                                              Officer
                                  Belgium                                                            ( Case C-297/96 )
                            Case C-295 /96
                                                                                                        ( 96/C 318/15 )
                              ( 96/C 318 / 13 )
                                                                           Reference has been made to the Court of Justice of the
An action against the Kingdom of Belgium was brought                       European Communities by decision of a Social Security
 before the Court of Justice of the European Communities on                 Commissioner, of 2 September 1996 , which was received at
 9 September 1996 by the Commission of the European                        the Court Registry on 1 1 September 1996 , for a preliminary
 Communities, represented by Hendrik van Lier and                          ruling in the case of Mrs Vera A. Partridge against the
Jean-Francis Pasquier, acting as Agents, with an address for               Adjudication Officer, on the following question :
 ---pagebreak---  No C 318/8                EN                   Official Journal of the European Communities                                      26 . 10 . 96
 How, if at all, would the answers given to the questions                   ( Administrative Court) Frankfurt am Main of 27 August
 referred in the case of Snares v. Adjudication Officer ( Case              1996 , which was received at the Court Registry on
 C-20/96 )( 1 ) differ in the case of a claimant entitled under             11 September 1996, for a preliminary ruling in the case of
 United Kingdom legislation to attendance allowance as an                  Oelmühle Hamburg Aktiengesellschaft and J. Schmidt
 employed or self-employed person, in the light of the terms               Söhne     GmbH       &     Co .   KG     v.   Bundesanstalt      fur
 of the United Kingdom's declaration of 31 December 1986                   Landwirtschaft und Ernahrung ( Federal Office                     of
 pusuant to Article 5 of Council Regulation ( EEC )                        Agriculture and Food ) on the following question :
  1408/71 ( 2 ) ' and of point 11 of Section O ( previously
 Section L ) of Annex VI to that Regulation ?
 (') Case C-20/96 Kelvin Albert Snares v. Adjudication Officer, ( OJ
       No C 77, 16 . 3 . 1996 , p . 8 ).                                   Is it compatible with Community law for German national
 ( 2 ) Regulation ( EEC ) No 1408/71 of the Council of 14 June 1971        law to preclude the recovery of aid wrongly granted for the
       on the application of social security schemes to employed           processing of rape where the recipient, who was unaware of
       persons and their families moving within the Community ( OJ         the facts giving rise to the illegality of the notice of grant and
       No L 149 , 5 . 7 . 1971 , p. 2 ).                                   whose ignorance thereof did not result from gross
                                                                           negligence ( paragraph 48 ( 2 ), seventh sentence, now
                                                                           paragraph 49a ( 2 ), second sentence, of the Ver­
                                                                           waltungsverfahrensgesetz          ( Law on Administrative
                                                                           Procedure )), is able to rely, pursuant to Article 48 (2 ), sixth
 Reference for a preliminary ruling from the
                                                                           sentence, of that Law ( paragraph 49a ( 2 ) of the new version )
 Verwaltungsgericht Frankfurt am Main by order of that
                                                                           in conjunction with paragraph 818 ( 3 ) of the Bürgerliches
 court of 27 August 1996 in the case of Oelmühle Hamburg
                                                                           Gesetzbuch ( Civil Code ), on the absence of ( unjust)
 Aktiengesellschaft and J. Schmidt Söhne GmbH & Co. KG
                                                                           enrichment, where there would normally be held to be no
       v. Bundesanstalt für Landwirtschaft und Ernahrung
                                                                           such enrichment if the recipient has already passed on the
                            ( Case C-298/96 )                             pecuniary advantage of the aid at the time when it is granted
                              ( 96/C 318/ 16 )                             by paying the target price provided for under Community
                                                                          legislation and has obtained no right of recourse, or merely a
 Reference has been made to the Court of Justice of the                   worthless right of recourse, against the supplier of the
European Communities by order of the Verwaltungsgericht                   processed rape ?
                                                         COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                  subsequently by Mr Hoff-Nielsen and Yves Cretien, then by
                         of 18 September 1996                             Mr Hoff-Nielsen, Hans-Jürgen Rabe and Georg M.
                                                                          Berrisch ), supported by the Commission of the European
in Case T- 155/94: Climax Paper Converters Ltd v. Council                 Communities ( Agents: Eric White and Nicholas Khan ),
                      of the European Union ( 1 )                         application for the annulment of Council Regulation ( EC )
 (Anti-dumping duties — State-trading country — Individual                No 3664/93 of 22 December 1993 imposing a definitive
               treatment — Single dumping margin)                         anti-dumping duty on imports into the Community of
                              ( 96/C 318 / 17 )                           photograph albums in bookbound form originating in the
                                                                          People's Republic of China and collecting definitively the
                                                                          provisional anti-dumping duty ( 2 ) — the Court of First
                                                                          Instance of the European Communities ( Fourth Chamber,
                                                                          Extended Composition ), composed of K. Lenaerts,
                                                                          President, R. García-Valdecasas, P. Lindh, J. Azizi and J. D.
                   (Language of the case: English)                        Cooke, Judges, Registrar : J. Palacio Gonzalez,
                                                                          Administrator, has given a judgment on 18 September 1996 ,
                                                                          in which it:
In Case T- 155/94 : Climax Paper Converters Ltd, having its
registered office in Hong Kong, represented by Izzet M.                   1 . dismisses the application;
Sinan, Barrister, of the Bar of England and Wales, with an
address for service in Luxembourg at the Chambers of
Arendt and Medernach, 8— 10 rue Mathias Hardt against
the Council of the European Union ( Agents : represented                  2 . orders the applicant to pay its own costs and the costs of
initially by Bjarne Hoff-Nielsen and Jorge Monteiro,                            the Council;