CELEX: C1998/234/18
Language: en
Date: 1998-07-25 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 28 May 1998 in Case C-8/95 P: New Holland Ford Ltd v Commission of the European Communities (Appeal - Admissibility - Question of law - Question of fact - Competition - Information exchange system - Restriction of competition - Refusal to grant an exemption)

C 234/10              EN               Official Journal of the European Communities                                 25.7.98
Luxembourg at the Chambers of Loesch and Wolter, 11               Judges; D. Ruiz-Jarabo Colomer, Advocate General;
Rue Goethe Ð appeal against the judgment of the Court             L. Hewlett, Principal Administrator for the Registrar Ð
of First Instance (Second Chamber) of 27 October 1994 in          has given a judgment on 28 May 1998, in which it:
Case T-35/92 John Deere v Commission [1994] ECR
II-97, seeking to have that judgment set aside, the other
party to the proceedings being Commission of the                  1. Dismisses the appeal;
European Communities, represented by Julian Currall, of
its Legal Service, acting as Agent, and Nicholas Forwood
QC Ð the Court (Fifth Chamber), composed of:                      2. Orders New Holland Ford Ltd to pay the costs.
C. Gulmann, President of the Chamber, J. C. Moitinho de
Almeida, D. A. O. Edward, P. Jann and L. Sevón,
                                                                  (1) OJ C 54 of 4.3.1995.
(Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate
General; L. Hewlett, Principal Administrator for the
Registrar Ð has given a judgment on 28 May 1998, in
which it:
1. Dismisses the appeal;                                                        JUDGMENT OF THE COURT
                                                                                         (First Chamber)
2. Orders John Deere Limited to pay the costs.                                           of 28 May 1998
                                                                  in Case C-3/97 (reference for a preliminary ruling from
(1) OJ C 54 of 4.3.1995.                                          the Court of Appeal (England and Wales) Criminal
                                                                  Division: criminal proceedings against John Charles
                                                                           Goodwin and Edward Thomas Unstead (1)
                                                                  (Tax provisions Ð Harmonisation of laws Ð Turnover
                                                                  taxes Ð Common system of value added tax Ð Sixth
                                                                  Directive Ð Scope Ð Supply of counterfeit perfume
              JUDGMENT OF THE COURT                                                          products)
                       (Fifth Chamber)                                                     (98/C 234/19)
                       of 28 May 1998
                                                                                 (Language of the case: English)
in Case C-8/95 P: New Holland Ford Ltd v Commission
              of the European Communities (1)
(Appeal Ð Admissibility Ð Question of law Ð Question              In Case C-3/97: reference to the Court under Article 177
of fact Ð Competition Ð Information exchange system Ð             of the EC Treaty from the Court of Appeal (England and
Restriction of competition Ð Refusal to grant an                  Wales) Criminal Division for a preliminary ruling in the
                           exemption)                             criminal proceedings pending before that court against
                                                                  John Charles Goodwin and Edward Thomas Unstead on
                         (98/C 234/18)                            the interpretation of 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
               (Language of the case: English)                    system of value added tax: uniform basis of assessment
                                                                  (OJ L 145 of 13.6.1977, p. 1) Ð the Court (First
                                                                  Chamber), composed of: M. Wathelet, President of the
In Case C-8/95 P: New Holland Ford Ltd, a company                 Chamber, D. A. O. Edward and P. Jann, (Rapporteur),
governed by the laws of England and Wales, established in         Judges; P. LeÂger, Advocate General; H. von Holstein,
Basildon (United Kingdom), represented by Mario                   Deputy Registrar, has given a judgment on 28 May 1998,
Siragusa, of the Rome Bar, Giuseppe Scassellati-Sforzolini        in which it has ruled:
and Francesca Moretti, of the Bologna Bar, with an
address for service in Luxembourg at the Chambers of
Elvinger, Hoss & Preussen, Côte d'Eich Ð appeal against           On a proper construction of Article 2 of Sixth Council
the judgment of the Court of First Instance (Second               Directive 77/388/EEC of 17 May 1977 on the
Chamber) of 27 October 1994 in Case T-34/92 Fiatagri              harmonisation of the laws of the Member States relating
and New Holland Ford v Commission [1994] ECR II-905,              to turnover taxes Ð Common system of value added tax:
seeking to have that judgment set aside, the other party to       uniform basis of assessment, VAT is payable on the supply
the proceedings being Commission of the European                  of counterfeit perfumes.
Communities, represented by Julian Currall, of its Legal
Service, acting as Agent, and Leonard Hawkes, Solicitor           (1) OJ C 74 of 8.3.1997.
Ð the Court (Fifth Chamber), composed of: C. Gulmann,
President of the Chamber, J. C. Moitinho de Almeida,
D. A. O. Edward, P. Jann and L. Sevón, (Rapporteur),