CELEX: C1998/358/10
Language: en
Date: 1998-11-21 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 1 October 1998 in Case C-127/97 (reference for a preliminary ruling from the Bayerisches Verwaltungsgericht Regensburg): Willi Burstein v. Freistaat Bayern (Article 100a(4) of the EC Treaty)

21.11.98              EN                  Official Journal of the European Communities                                      C 358/5
by failing to establish the codes of good agricultural               certain dangerous substances and preparations (OJ L 262,
practice and to notify the Commission thereof, the                   27.9.1976, p. 201), as amended by Council Directive
Kingdom of Spain has failed to fulfil its obligations under          91/173/EEC (OJ L 85, 5.4.1991, p. 34), and of
Articles 3 and 4 of Council Directive 91/676/EEC of                  Article 100a(4) of the EC Treaty Ð the Court (Sixth
12 December 1991 concerning the protection of waters                 Chamber), composed of: H. Ragnemalm, President of the
against pollution caused by nitrates from agricultural               Chamber, R. Schintgen, G. F. Mancini, P. J. G. Kapteyn
sources (OJ L 375, 31.12.1991, p. 1) Ð the Court (Sixth              (Rapporteur) and G. Hirsch, Judges; A. Saggio, Advocate-
Chamber), composed of: H. Ragnemalm, President of the                General; H. A. Rühl, Principal Administrator, for the
Chamber, G. F. Mancini, J. L. Murray (Rapporteur), G.                Registrar, has given a judgment on 1 October 1998, in
Hirsch and K. M. Ioannou, Judges; J. Mischo, Advocate-               which it has ruled:
General; R. Grass, Registrar, has given a judgment on
1 October 1998, in which it:
                                                                     The limit value established in the first sentence of point 23
                                                                     of Annex I to Council Directive 76/769/EEC of 27 July
1. Declares that by failing to designate the zones                   1976 on the approximation of the laws, regulations and
     considered to be vulnerable and to notify the                   administrative provisions of the Member States relating to
     Commission of those designations and by failing to              restrictions on the marketing and use of certain dangerous
     establish the codes of good agricultural practice for           substances and preparations, as amended by Council
     the autonomous communities other than Andalucia,                Directive 91/173/EEC of 21 March 1991, is applicable to
     Cantabria, Madrid, Murcia, Navarre and Valencia                 PCP, its salts and esters and to preparations produced
     and to notify the Commission thereof, the Kingdom               from those substances, but not to products treated with
     of Spain has failed to fulfil its obligations under             those substances or preparations.
     Articles 3 and 4 of Council Directive 91/676/EEC of
     12 December 1991 concerning the protection of
     waters against pollution caused by nitrates from                (1) OJ C 181, 14.6.1997.
     agricultural sources;
2. Orders the Kingdom of Spain to pay the costs.
(1) OJ C 108, 5.4.1997.
                                                                                       ORDER OF THE COURT
                                                                                         of 23 September 1998
                                                                     in Joined Cases C-332/96 and C-333/96 (reference for a
                                                                     preliminary ruling from the Pretura Circondariale di
                                                                     Roma): Consorzio Nazionale Tabacchi Soc. Coop. a.r.l.
               JUDGMENT OF THE COURT                                 (Conata) (C-332/96), Agrindustria Srl (C-333/96) v.
                                                                     Azienda di Stato per gli interventi nel mercato agricolo
                        (Sixth Chamber)                                                        (AIMA) (1)
                      of 1 October 1998
                                                                     (Article 104(3) of the Rules of Procedure Ð Manifestly
in Case C-127/97 (reference for a preliminary ruling from                                  identical question)
the Bayerisches Verwaltungsgericht Regensburg): Willi
                                                                                             (98/C 358/11)
                Burstein v. Freistaat Bayern (1)
              (Article 100a(4) of the EC Treaty)
                                                                                     (Language of the case: Italian)
                         (98/C 358/10)
               (Language of the case: German)                          (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                   In Joined Cases C-332/96 and C-333/96: reference to the
                                                                     Court under Article 177 of the EC Treaty from the
                                                                     Pretura Circondariale di Roma (Italy) for a preliminary
In Case C-127/97: reference to the Court under Article 177           ruling in the proceedings pending before that court
of the EC Treaty from the Bayerisches Verwaltungsgericht             between Consorzio Nazionale Tabacchi Soc. Coop. a.r.l.
Regensburg (Bavarian Administrative Court) (Germany),                (Conata) (C-332/96) and Agrindustria Srl (C-333/96) and
for a preliminary ruling in the proceedings pending before           Azienda di Stato per gli interventi nel mercato agricolo
that court between Willi Burstein and Freistaat Bayern Ð             (AIMA) on the validity of Commission Regulation (EC)
on the interpretation of Council Directive 76/769/EEC of             No 3477/93 of 17 December 1993 concerning the
27 July 1976 on the approximation of the laws,                       agricultural conversion rates to be applied in the
regulations and administrative provisions of the Member              tobacco sector (OJ L 317, 8.12.1993, p. 30) Ð the Court,
States relating to restrictions on the marketing and use of          composed of: G. C. Rodríguez Iglesias, President,