CELEX: C1995/174/07
Language: en
Date: 1995-07-08 00:00:00
Title: Reference for a preliminary ruling by the Court of Appeal, London, by order of that court of 27 May 1994, in the case of The Queen against HM Treasury and the Bank of England, ex parte: Centro-Com srl (Case C-124/95)

No C 174/4            EN                     Official Journal of the European Communities                                            8 . 7 . 95
The applicant claims that the Court should :                                 1 . release of the funds is sought to pay a national of
                                                                                   Member State B for goods exported by him from
1 . declare void the first indent of Article 1 ( 1 ) of Council                    Member State B to Serbia or Montenegro;
     Decision   94/ 800/EC        of 22     December     1994   in
     connection with Paragraph 1 of the Marrakesh Protocol                   2 . ( a ) the goods have been formally approved as
     and Article 4 ( 1 ) of the Agreement on Agriculture in                              intended strictly for medical purposes by the
     Annex 1A to the Agreement Establishing the World                                    United Nations Sanctions Committee pursuant
     Trade Organization ( WTO ), in so far as the Council has                            to UN Security Council Resolution 757;
     thereby confirmed the conclusion of the Community's                           ( b ) they have been exported pursuant to a prior
     Framework Agreement on Bananas with Costa Rica,                                     export authorization issued by the competent
     Colombia , Nicaragua and Venezuela ;                                                authorities of Member State B pursuant to
                                                                                         Regulation ( EEC ) No 1432/92 ;
2 . order the Council to pay the costs .
                                                                             3 . the national measures permit the release of funds in
Pleas in law and main arguments adduced in support:                                payment for the export of such goods from Member
                                                                                   State A itself where the export authorization
                                                                                   referred to at paragraph 2 ( b ) has been issued by the
Infringement of Community law of a higher order : The                              competent authorities of Member State A; and
Framework Agreement approved by the Council infringes
the fundamental rights of market operators in Groups A and                   4 . Member State A has decided that the adoption of
C ( within the meaning of Council Regulation ( EEC )                               such national measures is necessary or expedient for
No 404/93 ) to the freedom to pursue an occupation, to                             enabling UN Security Council Resolution 757 to be
equal treatment and to property ( in the business established                      effectively applied ?
and carried on by them ). The Framework Agreement leads
to the purchase of third-country bananas being made more                2 . Is the answer to question 1 affected by the provisions of
difficult than hitherto under Regulation ( EEC ) No 404/93 ,                 Article 234 of the EC Treaty ?
because a part of the tariff quota may henceforth be derived
only from certain countries, and those countries are                    (') OJ No L 151 , 3 . 6 . 1992 , p . 4 .
additionally authorized to issue export licences the
production of which is a precondition for the issuing of
import licences by the Community to operators of Groups A
and C. There are no obvious technical reasons to justify the
consequent further worsening in the position of traditional             Reference for a preliminary ruling by the Court of Appeal in
importers of third-country bananas .                                    Northern Ireland , by order of that court of 27 March 1995 ,
                                                                        in the case of Norbrook Laboratories Ltd against the
                                                                                   Ministry of Agriculture , Fisheries and Food
                                                                                                    ( Case C-127/95 )
                                                                                                      ( 95/C 174/08 )
                                                                        Reference has been made to the Court of Justice of the
 Reference for a preliminary ruling by the Court of Appeal,
                                                                        European Communities by an order of the Court of Appeal
 London, by order of that court of 27 May 1994 , in the case            in Northern Ireland of 27 March 1995 , which was received
 of The Queen against HM Treasury and the Bank of                       at the Court Registry on 18 April 1995 , for a preliminary
              England , ex parte: Centro-Com srl                        ruling in the case of Norbrook Laboratories Ltd against the
                         ( Case C-124/95 )                              Ministry of Agriculture , Fisheries and Food , on the
                            ( 95/C 174/07 )                              following questions :
                                                                         1 . Are Council Directive 81 /851 /EEC of 28 September
 Reference has been made to the Court of Justice of the                       1981 on the approximation of the laws of the Member
 European Communities by an order of the Court of Appeal,                     States relating to veterinary medicinal products (') and
 London, of 27 May 1994, which was received at the Court                      Council Directive 8 1/852/EEC of 28 September 1981 on
 Registry on 11 April 1995 , for a preliminary ruling in the                  the approximation of the laws of the Member States
 case of The Queen against HM Treasury and the Bank of                        relating to analytical , pharmaco-toxicological and
 England, ex parte -. Centro-Com srl , on the following                       clinical standards and protocols in respect of the testing
 questions :                                                                  of veterinary medicinal products ( 2 ) ( and in particular
                                                                              Articles 5 , 8 , 9 , 11 , 29 to 31 , 35 , 40 and 41 of Directive
 1 . Is it compatible with the common commercial policy of                    81 / 851 /EEC and Part 1 of the Annex to Directive
      the Community and , in particular, Article 1 1 3 of the EC              8 1 /852/EEC in the form in which they existed prior to
      Treaty and Council Regulation ( EEC ) No 1432/92 of                     any amendment ) to be interpeted as permitting the
      1 June 1992 prohibiting trade between the European                      competent        authority      of    a    Member     State ,    in
      Economic Community and the Republics of Serbia and                      circumstances such as those hereinbefore described :
      Montenegro (') for Member State A to adopt national
      measures which prohibit the release of funds located in                 ( a ) to require an applicant for a marketing
      Member State A but belonging to a person in Serbia or                           authorization in respect of a veterinary medicinal
      Montenegro in circumstances where :                                             product ('the Product') to identify or to arrange to