CELEX: C1999/100/01
Language: en
Date: 1999-04-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 21 January 1999 in Case C-73/97 P: French Republic v. Comafrica SpA and Others (Appeal - Banana sector - Annulment of Regulation (EC) No 3190/93 - Plea of inadmissibility)

10.4.1999           EN                 Official Journal of the European Communities                                 C 100/1
                                                               I
                                                        (Information)
                                           COURT OF JUSTICE
                                                    COURT OF JUSTICE
              JUDGMENT OF THE COURT                               1. Annuls the judgment of the Court of First Instance of
                                                                      11 December 1996 in Case T-70/94 Comafrica and
                     (Sixth Chamber)                                  Dole Fresh Fruit Europe v. Commission.
                    of 21 January 1999
in Case C-73/97 P: French Republic v. Comafrica SpA and           2. Dismisses the application for annulment lodged by
                         Others (1)                                   Comafrica SpA and Dole Fresh Fruit Europe Ltd &
                                                                      Co. as inadmissible.
(Appeal Ð Banana sector Ð Annulment of Regulation
        (EC) No 3190/93 Ð Plea of inadmissibility)
                                                                  3. Orders each party to bear its own costs.
                     (1999/C 100/01)
                                                                  (1) OJ C 131, 26.4.1997.
               (Language of the case: English)
In Case C-73/97 P, French Republic (Agents: Catherine de
Salins, Kareen Rispal-Bellanger and FreÂdeÂric Pascal) Ð
appeal against the judgment of the Court of First Instance                      JUDGMENT OF THE COURT
of the European Communities (Fourth Chamber) of
11 December 1996 in Case T-70/94 Comafrica and Dole                                      (Fifth Chamber)
Fresh Fruit Europe v. Commission [1996] ECR II-1741,
seeking to have that judgment partially set aside in so far                            of 21 January 1999
as it rejected the plea of inadmissibility raised by the          in Case C-120/97 (reference for a preliminary ruling from
Commission, the other parties to the proceeding being             the Court of Appeal): Upjohn Ltd v. The Licensing
Comafrica SpA, a company governed by Italian law,                 Authority established by the Medicines Act 1968 and
established in Genoa (Italy), Dole Fresh Fruit Europe Ltd                                    Others (1)
& Co., a company governed by German law, established
in Hamburg (Germany), represented by Bernard                      (Proprietary medicinal products Ð Revocation of a
O'Connor, Solicitor, with an address for service in                       marketing authorisation Ð Judicial review)
Luxembourg at the Chambers of ArseÁne Kronshagen, 22
                                                                                        (1999/C 100/02)
Rue Marie-Adelaïde, Commission of the European
Communities (Agent: Xavier Lewis) and the United
Kingdom of Great Britain and Northern Ireland Ð the
Court (Sixth Chamber), composed of: P. J. G. Kapteyn                             (Language of the case: English)
(Rapporteur), President of the Chamber, G. F. Mancini,
J. L. Murray, H. Ragnemalm and K. M. Ioannou, Judges;
J. Mischo, Advocate-General: R. Grass, Registrar, has             In Case C-120/97: reference to the Court under Article 177
given a judgment on 21 January 1999, in which it:                 of the EC Treaty from the Court of Appeal (England and