CELEX: C1998/209/18
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT of 5 May 1998 in Case C-386/96 P: Société Louis Dreyfus & Cie v. Commission of the European Communities (Emergency assistance given by the Community to the States of the former Soviet Union - Loan - Documentary credit - Action for annulment - Admissibility - 'Directly concerned')

4.7.98                EN                Official Journal of the European Communities                                      C 209/9
Consideration of the question referred has disclosed no            4. Orders the Council of the European Union to bear its
factor capable of affecting the validity of Article 1 of                own costs.
Commission Decision 96/239/EC of 27 March 1996 on
emergency measures to protect against bovine spongiform            (1) OJ C 197 of 6.7.1996.
encephalopathy.
(1) OJ C 197 of 6.7.1996.
                                                                                  JUDGMENT OF THE COURT
                                                                                           of 5 May 1998
                                                                   in Case C-386/96 P: SocieÂteÂ Louis Dreyfus & Cie v.
              JUDGMENT OF THE COURT                                        Commission of the European Communities (1)
                       of 5 May 1998
                                                                   (Emergency assistance given by the Community to the
in Case C-180/96: United Kingdom of Great Britain and              States of the former Soviet Union Ð Loan Ð
Northern Ireland v. Commission of the European                     Documentary credit Ð Action for annulment Ð
Communities, supported by Council of the European                              Admissibility Ð Directly concerned')
                          Union (1)
                                                                                            (98/C 209/18)
(Agriculture Ð Animal health Ð Emergency measures
against bovine spongiform encephalopathy Ð Mad cow                                (Language of the case: French)
                           disease')
                        (98/C 209/17)                                (Provisional translation; the definitive translation will be
                                                                             published in the European Court Reports)
               (Language of the case: English)
                                                                   In Case C-386/96 P: SocieÂteÂ Louis Dreyfus & Cie, a
                                                                   company incorporated under French law, established in
In Case C-180/96: United Kingdom of Great Britain and              Paris, represented by Robert Saint-Esteben, of the Paris
Northern Ireland (Agents: Lindsey Nicoll, assisted by              Bar, with an address for service in Luxembourg at the
Nicholas Lyell, Paul Lasok and David Anderson) v.                  Chambers of Aloyse May, 31 Grand-Rue Ð appeal
Commission of the European Communities (Agents: Dierk              against the judgment of the Court of First Instance of the
Booû and James Macdonald Flett), supported by Council              European Communities (Third Chamber) of 24 September
of the European Union (Agents: Arthur Brautigam and                1996 in Case T-485/93 Dreyfus v. Commission [1996]
Moyra Sims) Ð application for annulment of Commission              ECR II-1101, seeking to have that judgment set aside, the
Decision 96/239/EC of 27 March 1996 on emergency                   other party to the proceedings being the Commission of
measures to protect against bovine spongiform                      the European Communities represented by Marie-JoseÂ
encephalopathy (OJ L 78 of 28.3.1996, p. 47) and of                Jonczy, Legal Adviser, and Nicholas Khan Ð the Court,
certain other acts of the Commission Ð the Court,                  composed of: G. C. Rodríguez Iglesias, President,
composed of: G. C. Rodríguez Iglesias, President, C.               C. Gulmann, H. Ragnemalm, M. Wathelet (Rapporteur)
Gulmann, H. Ragnemalm, M. Wathelet, R. Schintgen                   and R. Schintgen (Presidents of Chambers), G. F. Mancini,
(Presidents of Chambers), G. F. Mancini, J. C. Moitinho            J. C. Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,
de Almeida, J. L. Murray, D. A. O. Edward, J.-P.                   D. A. O. Edward, J.-P. Puissochet, G. Hirsch and P. Jann,
Puissochet, G. Hirsch, P. Jann and L. Sevón (Rapporteur),          L. Sevón and K. M. Ioannou, Judges, Advocate General:
Judges; G. Tesauro, Advocate General; L. Hewlett,                  A. La Pergola, Registrar: D. Louterman-Hubeau, Principal
Administrator, for the Registrar, has given a judgment on          Administrator, has given a judgment on 5 May 1998, in
5 May 1998, in which it:                                           which it:
1. Declares the action brought by the United Kingdom of            1. Annuls the judgment of the Court of First Instance of
    Great Britain and Northern Ireland inadmissible in so               24 September 1996 in Case T-485/93 Dreyfus v.
    far as it seeks annulment of the Commission's                       Commission in so far as it dismisses as inadmissible
    statements of position of 10 April, 13 April and 8 May              the action for annulment brought by Louis Dreyfus &
    1996.                                                               Cie.
2. Dismisses the action brought by the United Kingdom              2. Refers the case back to the Court of First Instance for
    of Great Britain and Northern Ireland in so far as it               judgment on the substance.
    seeks annulment of Commission Decision 96/239/EC
    of 27 March 1996 on emergency measures to protect              3. Reserves costs.
    against bovine spongiform encephalopathy.
                                                                   (1) OJ C 40 of 8.2.1997.
3. Orders the United Kingdom of Great Britain and
    Northern Ireland to pay the costs.