CELEX: C1997/331/05
Language: en
Date: 1997-11-01 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 16 September 1997 in Case C-362/95 P: Blackspur DIY Ltd, a company incorporated under the law of England and Wales, Steven Kellar, J. M. A. Glancy and Ronald Cohen v. Council of the European Union and Commission of the European Communities (Appeal - Non-contractual liability of the Community - Causal link - Anti-dumping duties - Commission Regulation (EEC) No 3052/88 and Council Regulation (EEC) No 725/89)

1 . 11 . 97              EN                  Official Journal of the European Communities                                      C 331 /3
               JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                          (First Chamber)                                                       ( Sixth Chamber)
                       of 16 September 1997                                                 of 16 September 1997
in Case C-362/95 P: Blackspur DIY Ltd, a company                              in Case C-139/96: Commission of the European
incorporated under the law of England and Wales, Steven                       Communities v. Federal Republic of Germany ( l )
Kellar, J. M. A. Glancy and Ronald Cohen v. Council of
the European Union and Commission of the European                       (Failure of a State to fulfil obligations — Directives 93/
                          Communities (')                               48/EEC,     93/49/EEC and 93/61/EEC — Failure to
                                                                                   transpose within the period prescribed)
(Appeal — Non-contractual liability of the Community —
Causal link — Anti-dumping duties — Commission                                                    ( 97/C 331/06 )
Regulation (EEC) No 3052/88 and Council Regulation
                         (EEC) No 725/89)
                             ( 97/C 331/05 )                                            (Language of the case: German)
                (Language of the case: English)
                                                                          (Provisional translation; the definitive translation will be
                                                                                  published in the European Court Reports)
In Case C-362/95 P, Blackspur DIY Ltd, a company
incorporated under the law of England and Wales, with its
registered office at Unsworth, Bury (United Kingdom ),                  In Case C-139/96: Commission of the European
Steven Kellar, J. M. A. Glancy and Ronald Cohen residing                Communities (Agent: Klaus Dieter Borchardt) v. Federal
in Manchester (United Kingdom), represented by K. P. E.                 Republic of Germany (Agents : Ernst Röder, Bernd Kloke
Lasok QC, instructed by C. Khan, Solicitor, with an                     and Sabine Maass ) — application for a declaration that,
address for service in Luxembourg at the Chambers of M.                 by failing to take within the prescribed period the
Dennewald, 12 Avenue de la Porte Neuve, appeal against                  measures necessary to comply with Commission Directive
the judgment of the Court of First Instance of the                      93/48/EEC of 23 June 1993 setting out the schedule
European Communities ( First Chamber, Extended                          indicating the conditions to be met by fruit plant
Composition ) in Case T-168/94 Blackspur and Others v.                  propagating material and fruit plants intended for fruit
Council and Commission [ 1995] ECR 11-2627, seeking to                  production, pursuant to Council Directive 92/34/EEC (2),
have that judgment set aside and the case remitted to the               Commission Directive 93/49/EEC of 23 June 1993 setting
Court of First Instance, the other parties to the                       out the schedule indicating the conditions to be met by
proceedings being: Council of the European Union                        ornamental plant propagating material and ornamental
(Agents: Y. Crétien, assisted by H.-J. Rabe and M.                      plants pursuant to Council Directive 91/682/EEC ( 3 ) and
Berrisch and Commission of the European Communities                     Commission Directive 93/61 /EEC of 2 July 1993 setting
(Agent: N. Khan, assisted by H.-J. Rabe and M. Berrisch,                out the schedules indicating the conditions to be met by
— the Court ( First Chamber) composed of: L. Sevón,                     vegetable propagating and planting material, other than
President of the Chamber, D. A. O. Edward and M.                        seed pursuant to Council Directive 92/33/EEC (4), the
Wathelet (Rapporteur ), Judges; G. Tesauro, Advocate                    Federal Republic of Germany has failed to fulfil its
General; L. Hewlett, Administrator, gave a judgment on                  obligations under the EC Treaty and those directives —
 16 September 1997, in which it:                                        the Court ( Sixth Chamber), composed of: G. F. Mancini,
                                                                        President of the Chamber, J. L. Murray, C. N. Kakouris
                                                                        ( Rapporteur), P. J. G. Kapteyn and H. Ragnemalm,
                                                                        Judges; D. Ruiz-Jarabo Colomer, Advocate General; R.
 1 . dismisses the appeal;                                              Grass, Registrar, has given a judgment on 16 September
                                                                        1997, in which it:
2 . orders Blackspur DIY Ltd, Steven Kellar, J. M. A.
      Glancy and Ronald Cohen to bear their own costs and               1 . declares that, by failing to take within the prescribed
      to pay those of the Council and the Commission.                        period the measures necessary to comply with
 (') OJ C 16, 20 . 1 . 1996 .                                                — Commission Directive 93/48/EEC of 23 June 1993
                                                                                 setting out the schedule indicating the conditions
                                                                                 to be met by fruit plant propagating material and
                                                                                 fruit plants intended for fruit production, pursuant
                                                                                 to Council Directive 92/34/EEC,