CELEX: C1996/046/09
Language: en
Date: 1996-02-17 00:00:00
Title: Action brought on 13 December 1995 by the Kingdom of Belgium against the Kingdom of Spain (Case C-388/95)

17 . 2 . 96              EN                    Official Journal of the European Communities                                      No C 46/5
at Lomé concluded between the African, Caribbean and                      14 November 1995, the operative part of which is as
Pacific States and the European Economic Community —                      follows :
the Court ( Sixth Chamber), composed of C. N. Kakouris,
President of the Chamber, G. Hirsch, F. A. Schockweiler, P.               1 . the application is referred to the Court of First Instance
J. G. Kapteyn and J. L. Murray (Rapporteur ), Judges; C. O.                    of the European Communities;
Lenz, Advocate General; H. A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on                 2.   the costs are reserved.
12 December 1995 , in which it rules:
                                                                          (') OJ No C 299, 11 . 11 . 1995 .
1 . The General Agreement on Tariffs and Trade does not
       contain provisions ofsuch a nature as to confer rights on
       individuals which they could rely on before national
       courts in order to challenge the application of
       conflicting national provisions . The Fourth ACP-EEC
       Convention may contain such provisions.                            Action brought on 13 December 1995 by the Kingdom of
                                                                                      Belgium against the Kingdom of Spain
2 . The ACP-EEC Conventions preclude increases in                                                ( Case C-388/95 )
       internal taxation on bananas originating in the ACP                                          ( 96/C 46/09 )
       States, such as the Italian consumption tax, where those
       increases take place after 1 April 1 976 and their effect is       An action against the Kingdom of Spain was brought before
       to put those banana exports in a situation less                    the Court of Justice of the European Communities on
       favourable than before, as regards access to their                 13 December 1995 by the Kingdom of Belgium, represented
       traditional markets and the advantages they enjoy on               by J. Devadder, Director of Administration in the Ministry
       those markets.                                                     of Foreign Affairs, Trade and Development Cooperation,
                                                                          acting as Agent, with an address for service in Luxembourg
 f 1 ) OJ No C 43 , 12 . 2 . 1994 .                                       at the Belgian Embassy, 4 Rue des Girondins.
                                                                          The applicant claims that the Court should:
                                                                          — declare that, by maintaining Royal Decree 157/1988 and
                     ORDER OF THE COURT
                                                                               in particular Article 19 ( 1 ) ( b ) thereof, the Kingdom of
                                                                               Spain has failed to fulfil its obligations under Article 34
                       of 14 November 1995                                     of the EC Treaty as interpreted by the Court of Justice of
 in      Case    C-281/95 :       Hedwig     Kuchlenz-Winter      v.           the European Communities in its judgment of 9 June
          Commission of the European Communities ( x )                         1992 ( J ) and its obligations under Article 5 of the
                                                                               Treaty,
  (Lack ofcompetence ofthe Court — Reference to the Court
                            of First Instance)                            — order the Kingdom of Spain to pay the costs.
                              ( 96/C 46/08 )
                                                                           Pleas in law and main arguments
                  (Language of the case: German)
                                                                           — By failing to take the measures necessary to comply with
  (Provisional translation; the definitive translation will be                 Article 34 as interpreted by the Court of Justice, the
            published in the European Court Reports)                           Kingdom of Spain disregards the principle of fair
                                                                               competition, incumbent upon it by virtue of Article 5 of
                                                                               the EC Treaty.
 In Case C-281 /95 : Hedwig Kuchlenz-Winter, the divorced
  spouse of a former official of the European Parliament,                  — In Case C-47/90, the Court ofJustice gave a ruling on the
  represented by Dieter Rogalla, Rechtsanwalt, Sprockhövel,                    interpretation of Article 34 of the Treaty in which it
  with an address for service in Luxembourg at the Chambers                     found that the Spanish provisions did not comply with
  of Armin Machmer, 1 Rue Roger Barthel, v. Commission of                       Community law. The Court's reasoning is still
  the European Communities — application for a declaration                     completely relevant: no legislation in the field of wine
  of failure to act on the part of the Commission, in that it                   production has had any effect on the legal context in
  omitted, in breach of the Treaty, to propose amendments to                   which the judgment of the Court of Justice is set.
  the Staff Regulations of officials so as to enable the divorced
  spouse of a former official receiving the retirement pension                 The fact that the Consejo Regulador de la Ribera del
  payable in respect of her former spouse to obtain cover                   .   Duero has taken a decision similar to that of the Consejo
  under the Joint Sickness Insurance Scheme — the Court,                        Regulador de la Rioja ( after the abovementioned
  composed of G. C. Rodriguez Iglesias, President, C. N.                        judgment was published) runs counter to the existence
  Kakouris, D. A. O. Edward, J. -P. Puissochet and G. Hirsch                    of the internal market.
   ( Presidents    of Chambers ),       G.   F.   Mancini,    F.  A.
  Schockweiler, J. C. Moitinho de Almeida, P. J. G. Kapteyn,               0 ) Case C-47/90 Delhaize and Others v. Commission [ 1992] ECR
  C. Gulmann, J. L. Murray, P. Jann ( Rapporteur), H.                          1-3669 .
  Ragnemalm, L. Sevón and M. Wathelet, Judges; P. Leger,
  Advocate General; R. Grass, Registrar, made an order on