CELEX: C1995/137/08
Language: en
Date: 1995-06-03 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 6 April 1995 in Case C-315/93 (reference for a preliminary ruling from the Rechtbank van Eerste Aanleg, Ghent (Belgium)): 1. Flip CV 2. O. Verdegem NV v. Belgian State (Agriculture - Control of classical swine fever - Compensation for owners whose pigs have been slaughtered)

No C 137/4         I EN 1                Official Journal of the European Communities                                         3 . 6. 95
             JUDGMENT OF THE COURT                                                  JUDGMENT OF THE COURT
                       ( Sixth Chamber)                                                      (Third Chamber )
                        of 6 April 1995                                                       of 6 April 1995
in Case C-3 10/93 P: BPB Industries Pic and British Gypsum          in Case C-3 15/93 ( reference for a preliminary ruling from
   Ltd v. Commission of the European Communities ( : )              the Rechtbank van Eerste Aanleg, Ghent (Belgium )): 1 . Flip
(Competition — Abuse ofa dominantposition — Exclusive                         CV 2. O. Verdegem NV v. Belgian State ( J )
purchase contract — Loyalty payments — Effect on trade              (Agriculture — Control of classical swine fever —
between Member States — Attributability of the                      Compensation for owners whose pigs have been
                          infringement)                                                          slaughtered)
                         ( 95/C 137/07 )                                                       ( 95/C 137/08 )
                                                                                      (Language of the case: Dutch)
               (Language of the case: English)
                                                                    (Provisional translation; the definitive translation will be
                                                                              published in the European Court Reports)
In Case C-3 10/93 P: BPB Industries Pic, a company
governed by English law, established in Slough, United
Kingdom, and British Gypsum Ltd, a company governed by
English law, established in Nottingham, United Kingdom              In Case C-315/93 : reference to the Court under Article 177
( Agents : Michel Waelbroeck, Denis Waelbroeck, and                 of the EEC Treaty from the Rechtbank van Eerste Aanleg
Gordon Boyd Buchanan Jeffrey) — appeal against the                  ( Court of First Instance ), Ghent ( Belgium ), for a preliminary
judgment of the Court of First Instance of the European             ruling in the proceedings pending before that court between
Communities ( Second Chamber ) of 1 April 1993 in Case              1 . Flip CV 2 . O. Verdegem NV and Belgian State — on the
T-65/89 BPB Industries and British Gypsum v. Commission             interpretation and validity of Commission Decision
[1 993 ] ECR 11-389 , seeking to have that judgment set aside,      88/529/EEC of 7 October 1988 approving the plan for the
the other party to the proceedings being the Commission of          eradication of classical swine fever presented by the
the European Communities ( Agent: Julian Currall ),                 Kingdom of Belgium ( 2 ) — the Court (Third Chamber),
supported by Iberian UK Ltd, formerly Iberian Trading               composed of C. Gulmann, President of the Chamber, J. C.
(UK ) Ltd, a company governed by English law, established           Moitinho de Almeida and J. -P. Puissochet ( Rapporteur ),
in London ( Agents : John E. Pheasant and Simon W. Polito )         Judges;         G.     Tesauro,          Advocate-General;       D.
— the Court ( Sixth Chamber ), composed of F. A.                    Loutermann-Hubeau, Principal Administrator, for the
Schockweiler, President of the Chamber, P. J. G. Kapteyn            Registrar, gave a judgment on 6 April 1995 , the operative
( Rapporteur ), G. F. Mancini , C. N. Kakouris and J. L.            part of which is as follows:
Murray, Judges; P. Leger, Advocate-General; R. Grass,
Registrar, gave a judgment on 6 April 1995 , in which it:
                                                                    1 . the applicable Community rules on control of classical
                                                                          swine fever must be interpreted as not requiring Member
                                                                          States to provide for a system of compensation for
1 . dismisses the appeal;                                                 owners whose pigs have been slaughtered by order ofthe
                                                                          national authorities ;
2 . orders the appellants to bear the costs, including those of     2 . examination of the Community rules on the matter has
    the intervener.
                                                                          not revealed any factor of such a kind as to affect their
                                                                          validity.
(') OJ No C 204 , 28 . 7. 1993 .
                                                                    (!) OJ No C 192, 16 . 7. 1993 .
                                                                    ( 2 ) OJ No L 291 , 25 . 10 . 1988 , p . 78 .