CELEX: C1999/100/09
Language: en
Date: 1999-04-10 00:00:00
Title: Judgment of the Court (First Chamber) of 9 February 1999 in Case C-383/97 (reference for a preliminary ruling from the Amtsgericht Nordhorn): Criminal proceedings against Arnoldus van der Laan (Labelling and presentation of foodstuffs - Article 30 of the EC Treaty and Directive 79/112/EEC - Dutch formed shoulder ham composed of shoulder ham pieces)

C 100/6              EN                  Official Journal of the European Communities                                    10.4.1999
              JUDGMENT OF THE COURT                                 1. Declares that, by failing to adopt within the periods
                                                                         prescribed the laws, regulations and administrative
                      (First Chamber)                                    provisions necessary to comply with:
                    of 9 February 1999
                                                                         Ð Council Directive 93/74/EEC of 13 September
in   Case    C-354/97 Commission of the European
                                                                             1993 on feedingstuffs intended for particular
             Communities v. French Republic (1)
                                                                             nutritional purposes,
(Failure by a Member State to fulfil its obligations Ð
Directives 93/74/EEC, 94/28/EC, 94/39/EC, 95/9/EC and                    Ð Council Directive 94/28/EC of 23 June 1994
                         95/10/EC)                                           laying down the principles relating to the
                      (1999/C 100/08)                                        zootechnical      and     genealogical      conditions
                                                                             applicable to imports from third countries of
                                                                             animals, their semen, ova and embryos, and
               (Language of the case: French)                                amending Directive 77/504/EEC on pure-bred
                                                                             breeding animals of the bovine species,
 (Provisional translation; the definitive translation will be
         published in the European Court Reports)                        Ð Commission Directive 94/39/EC of 25 July 1994
                                                                             establishing a list of intended uses of animal
                                                                             feedingstuffs for particular nutritional purposes,
In Case C-354/97: Commission of the European
Communities (Agent: Xavier Lewis) v. French Republic                     Ð Commission Directive 95/9/EC of 7 April 1995
(Agents: Kareen Rispal-Bellanger and Christina Vasak) Ð                      amending Directive 94/39/EC, and
Application for a declaration that, by failing to bring into
force within the periods prescribed the laws, regulations                Ð Commission Directive 95/10/EC of 7 April 1995
and administrative provisions Ð including, where                             fixing the method of calculating the energy value
appropriate, sanctions Ð necessary to comply with:                           of dog and cat food intended for particular
                                                                             nutritional purposes,
Ð Council Directive 93/74/EEC of 3 September 1993 on
    feedingstuffs intended for particular nutritional                    the French Republic has failed to fulfil its obligations
    purposes (OJ L 237, 22.9.1993, p. 23),                               under Article 12 of Directive 93/74/EEC, Article 13 of
                                                                         Directive 94/28/EC, Article 2 of Directive 94/39/EC,
                                                                         Article 2 of Directive 95/9/EC and Article 3 of
Ð Council Directive 94/28/EC of 23 June 1994 laying
                                                                         Directive 95/10/EC;
    down the principles relating to the zootechnical and
    genealogical conditions applicable to imports from
    third countries of animals, their semen, ova and                2. Orders the French Republic to pay the costs.
    embryos, and amending Directive 77/504/EEC on
    pure-bred breeding animals of the bovine species (OJ            (1) OJ C 357, 22.11.1997.
    L 178, 12.7.1994, p. 66),
Ð Commission Directive 94/39/EC of 25 July 1994
    establishing a list of intended uses of animal
    feedingstuffs for particular nutritional purposes (OJ
    L 207, 10.8.1994, p. 20),
                                                                                   JUDGMENT OF THE COURT
Ð Commission Directive 95/9/EC of 7 April 1995                                              (First Chamber)
    amending Directive 94/39/EC (OJ L 91, 22.4.1995,                                      of 9 February 1999
    p. 35), and
                                                                    in Case C-383/97 (reference for a preliminary ruling from
                                                                    the Amtsgericht Nordhorn): Criminal proceedings against
Ð Commission Directive 95/10/EC of 7 April 1995 fixing                                 Arnoldus van der Laan (1)
    the method of calculating the energy value of dog and
    cat food intended for particular nutritional purposes           (Labelling and presentation of foodstuffs Ð Article 30 of
    (OJ L 91, 22.4.1995, p. 39),                                    the EC Treaty and Directive 79/112/EEC Ð Dutch
                                                                      formed shoulder ham composed of shoulder ham pieces)
and/or by failing to notify the Commission thereof, the                                    (1999/C 100/09)
French Republic has failed to fulfil its obligations under
Article 12 of Directive 93/74/EEC, Article 13 of Directive                         (Language of the case: German)
94/28/EC, Article 2 of Directive 94/39/EC, Article 2 of
Directive 95/9/EC and Article 3 of Directive 95/10/EC Ð
                                                                      (Provisional translation; the definitive translation will be
the Court (First Chamber), composed of: P. Jann
                                                                              published in the European Court Reports)
(President of the Chamber) D. A. O. Edward (Rapporteur)
and, L. Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate-
General; R. Grass, Registrar, has given a judgment on               In Case C-383/97: Reference to the Court under
9 February 1999, in which it:                                       Article 177 of the EC Treaty by the Amtsgericht
 ---pagebreak--- 10.4.1999             EN                  Official Journal of the European Communities                                      C 100/7
Nordhorn (Germany) for a preliminary in the criminal                 Florence (Italy), for a preliminary ruling in the criminal
proceedings before that court against Arnoldus van der               proceedings pending before that court against Massimo
Laan Ð on the interpretation of Article 30 of the EC                 Romanelli, Paolo Romanelli Ð on the interpretation of
Treaty Ð the Court (First Chamber), composed of: P. Jann             Article 3 of the Second Council Directive 89/646/EEC of
(Rapporteur), (President of the Chamber) D. A. O.                    15 December 1989 on the coordination of laws,
Edward and M. Wathelet, Judges, J. Mischo, Advocate-                 regulations and administrative provisions relating to the
General; H. A. Rühl, Principal Administrator, for the                taking up and pursuit of the business of credit institutions
Registrar, has given a judgment on 9 February 1999, in               and amending Directive 77/780/EEC (OJ L 386,
which it has ruled:                                                  30.12.1989, p. 1) Ð the Court (Sixth Chamber),
                                                                     composed of: P. J. G. Kapteyn (Rapporteur), President of
                                                                     the Chamber, G. Hirsch, J. L. Murray, H. Ragnemalm and
It is contrary to Article 30 of the EC Treaty for national           R. Schintgen, Judges; N. Fennelly, Advocate-General; H.
rules to prohibit, for reasons of consumer protection, the           von Holstein, Deputy Registrar, for the Registrar, has
marketing of foodstuffs lawfully manufactured and                    given a judgment on 11 February 1999, in which it has
marketed in another Member State, where consumers are                ruled:
protected by means of labelling in accordance with the
provisions of Council Directive 79/112/EEC of
18 December 1978 on the approximation of the laws of                 The term other repayable funds' in Article 3 of the
the Member States relating to the labelling, presentation            Second Council Directive 89/646/EEC of 15 December
and advertising of foodstuffs, in particular those                   1989 on the coordination of laws, regulations and
concerning the description of products and the list of               administrative provisions relating to the taking up and
ingredients.                                                         pursuit of the business of credit institutions and amending
                                                                     Directive 77/780/EEC refers not only to financial
                                                                     instruments which possess the intrinsic characteristic of
It is contrary to Articles 2 and 5(1) of Directive 79/112/           repayability, but also to those which, although not
EEC to use a trade description which does not make it                possessing that characteristic, are the subject of a
possible for purchasers in the State where the product is            contractual agreement to repay the funds paid.
sold to ascertain the true nature of the foodstuff.
                                                                     (1) OJ C 370, 6.12.1997.
Where the quantity of added water represents more than
5 % by weight of the finished product, failure to include
water' in the list of ingredients constitutes infringement of
Article 3(1), read in conjunction with Article 6(5)(a), of
Directive 79/112/EEC.
                                                                                   JUDGMENT OF THE COURT
(1) OJ C 7, 10.1.1998.
                                                                                         of 23 February 1999
                                                                     in Case C-42/97: European Parliament v. Council of the
                                                                                          European Union (1)
                                                                     (Council Decision 96/664/EC Ð Promotion of linguistic
                                                                     diversity of the Community in the information society Ð
                                                                                              Legal basis)
              JUDGMENT OF THE COURT
                                                                                            (1999/C 100/11)
                        (Sixth Chamber)
                     of 11 February 1999                                            (Language of the case: French)
in Case C-366/97 (reference for a preliminary ruling from
the Tribunale Civile e Penale, Florence): criminal
proceedings against Massimo Romanelli and Paolo                        (Provisional translation; the definitive translation will be
                          Romanelli (1)                                       published in the European Court Reports)
(Freedom to provide services Ð Credit institutions Ð
                       Repayable funds)                              In Case C-42/97: European Parliament (Agents: Johann
                                                                     Schoo and Norbert Lorenz) v. Council of the European
                        (1999/C 100/10)                              Union (Agents: Bjarne Hoff-Nielsen and FreÂdeÂric Anton)
                                                                     Ð Application for annulment of Council Decision 96/664/
                (Language of the case: Italian)                      EC of 21 November 1996 on the adoption of a
                                                                     multiannual programme to promote linguistic diversity of
                                                                     the Community in the information society (OJ L 306,
  (Provisional translation; the definitive translation will be       28.11.1996, p. 40) Ð the Court, composed of: P. J. G.
         published in the European Court Reports)                    Kapteyn, President of the Fourth and Sixth Chambers,
                                                                     actig as President, G. Hirsch and P. Jann (Presidents of
                                                                     Chambers), G. F. Mancini, J. C. Moitinho de Almeida, C.
In Case C-366/97: reference to the Court under Article 177           Gulmann, J. L. Murray, L. Sevón (Rapporteur), M.
of the EC Treaty from the Tribunale Civile e Penale,                 Wathelet, R. Schintgen and K. M. Ioannou, Judges;