CELEX: C2000/233/03
Language: en
Date: 2000-08-12 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 11 May 2000 in Case C-56/99 (reference for a preliminary ruling from the Tribunal Administratif de Paris): Gascogne Limousin Viandes SA v Office national interprofessionnel des viandes de l'élevage et de l'aviculture (Ofival) (Beef and veal — Premium for early marketing of calves — Grant thereof dependent on average carcase weight of calves slaughtered in each Member State during 1995 — Validity under Article 40(3) of the EC Treaty (now, following amendment, Article 34(2) EC)

12.8.2000             EN                   Official Journal of the European Communities                                             C 233/1
                                                                   I
                                                             (Information)
                                                COURT OF JUSTICE
                                                         COURT OF JUSTICE
Assumption of duties by a new Judge of the Court of                    2.     In addition, as regards the period from 15 July 2000 to
                              Justice                                  6 October 2000, the list on the basis of which the composition
                                                                       of the Sixth Chamber is determined, as set out in point 4 of
                        (2000/C 233/01)                                the decision adopted by the Court at its meeting on 6 October
                                                                       1999 (1), has been amended as follows:
Following her appointment as Judge of the Court of Justice of
the European Communities by decision of the Governments                   Sixth Chamber
of the Member States of the European Communities of 22 June
2000 (1), Ms Ninon Colneric took her oath before the Court                (President: Mr Moitinho de Almeida)
on 14 July 2000.
                                                                          Mr Gulmann, Mr Puissochet, Ms Macken, Mr Schintgen,
                                                                          Mr Skouris, and Ms Colneric, Judges.
(1) OJ L 164 of 5.7.2000, p. 16.
                                                                       (1) OJ C 333 of 20.11.1999, p. 1.
Decisions adopted by the Court at its general meeting on
                                                                                        JUDGMENT OF THE COURT
                          11 July 2000
                                                                                                (Sixth Chamber)
                        (2000/C 233/02)
                                                                                                 of 11 May 2000
The Court of Justice of the European Communities adopted
the following decisions at its meeting on 11 July 2000:                in Case C-56/99 (reference for a preliminary ruling from
                                                                       the Tribunal Administratif de Paris): Gascogne Limousin
                                                                       Viandes SA v Office national interprofessionnel des
Assignment of Judge Colneric                                                 viandes de l’élevage et de l’aviculture (Ofival) (1)
Ms Colneric is assigned to the Second and Sixth Chambers.              (Beef and veal — Premium for early marketing of calves —
                                                                       Grant thereof dependent on average carcase weight of calves
                                                                       slaughtered in each Member State during 1995 — Validity
Composition of the Sixth Chamber                                       under Article 40(3) of the EC Treaty (now, following amend-
                                                                                             ment, Article 34(2) EC)
1.    The composition of the Sixth Chamber for the period
from 15 July 2000 to 6 October 2000 has been determined as                                       (2000/C 233/03)
follows:
                                                                                           (Language of the case: French)
   Sixth Chamber
                                                                       (Provisional translation; the definitive translation will be published
   Mr Moitinho de Almeida, President of the Chamber,                                      in the European Court Reports)
   Mr Schintgen, Mr Gulmann, Mr Puissochet, Mr Skouris,                In Case C-56/99: Reference to the Court under Article 177
   Ms Macken and Ms Colneric, Judges.                                  (now Article 234 EC) of the EC Treaty by the Tribunal
 ---pagebreak--- C 233/2                 EN                     Official Journal of the European Communities                                     12.8.2000
Administratif, Paris (France) for a preliminary ruling in the             hed in Chesterfield, United Kingdom, represented by K.P.E.
proceedings pending before that court between Gascogne                    Lasok QC, and P. Harris, Barrister, instructed by A. Mott,
Limousin Viandes SA and Office national interprofessionnel                Solicitor, with an address for service in Luxembourg at the
des viandes de l’élevage et de l’aviculture (Orival) on the               Chambers of Zeyen, Beghin, Feider, Loeff, Claeys and Verbeke,
validity, under Article 40(3) of the EC Treaty (now, following            56-58 Rue Charles Martel — application by the Commission
amendment, Article 34(2) EC), of Article 4i(2) of Regulation              of the European Communities under Article 42 of the ECSC
(EEC) No 805/68 of the Council on the common organization                 Treaty for the recovery of a sum of ECU 252 558, correspon-
of the market in beef and veal, as amended by Council                     ding to an interest rebate which it had granted to Coal Products
Regulation No 2222/96 of 18 November 1996 (OJ 1996                        Ltd under a contract to assist Coal Products Ltd in consuming
L 296, p. 50) and Article 50(1) of Commission Regulation                  coal produced in the Community, plus interest at the rate of
(EEC) No 3886/92 of 23 December 1992 laying down detailed                 8 % as from 1 November 1995, and counterclaim by the
rules for the application of the premium schemes provided for             defendant for the payment of a sum of ECU 46 010, plus
in Council Regulation (EEC) No 805/68 on the common                       interest as from 3 February 1995 — the Court (First Chamber),
organization of the market in beef and repealing Regulations              composed of: L. Sevón, President of the Chamber, D.A.O.
(EEC) No 1244/82 and (EEC) No 714/89 (OJ 1992 L 391,                      Edward (Rapporteur) and P. Jann, Judges; N. Fennelly, Advocate
p. 20), as amended by Commission Regulation (EC)                          General; L. Hewlett, Administrator, for the Registrar, has given
No 2311/96 of 2 December 1996 (OJ 1996 L 313, p. 9) —                     a judgment on 16 May 2000, in which it:
the Court (Sixth Chamber) composed of: J. C. Moitinho de
Almeida, President of the Chamber, R. Schintgen (Rapporteur),             1.   Dismisses the application by the Commission of the European
C. Gulmann, J.-P. Puissochet and Mrs F. Macken, Judges, Advo-                  Communities and the counterclaim by Coal Products Ltd;
cate General: G. Cosmas, Registrar: H. A. Rühl, Principal Admi-
nistrator for the Registrar, has given a judgment on 11 May
                                                                          2.   Orders the Commission of the European Communities and Coal
2000, in which it has ruled:
                                                                               Products Ltd to bear their own costs.
Examination of the question submitted has disclosed no factor likely
to affect the validity of Article 4i(2) of Regulation No 805/68 of        (1) OJ C 271 of 6.9.1997.
the Council on the common organization of the market in beef
and veal, as amended by Council Regulation No 2222/96 of
18 November 1996 and Article 50(1) of Commission Regulation
(EEC) No 3886/92 of 23 December 1992 laying down detailed
rules for the application of the premium schemes provided for in
Regulation No 805/68 and repealing Regulations (EEC)
No 1244/82 and (EEC) No 714/89, as amended by Commission
Regulation (EC) No 2311/96 of 2 December 1996.
                                                                                          JUDGMENT OF THE COURT
(1) OJ C 100 of 10.4.1999.
                                                                                                  of 16 May 2000
                                                                          in Case C-78/98 (reference for a preliminary ruling by
                                                                          the House of Lords): Shirley Preston and Others v
                                                                          Wolverhampton Healthcare NHS Trust and Others and
                                                                              Dorothy Fletcher and Others v Midland Bank plc (1)
                  JUDGMENT OF THE COURT
                                                                          (Social policy — Men and women — Equal pay — Members-
                          (First Chamber)                                 hip of an occupational pension scheme — Part-time workers
                                                                          — Exclusion — National procedural rules — Principle of
                          of 16 May 2000                                             effectiveness — Principle of equivalence)
in Case C-274/97: Commission of the European Communi-                                             (2000/C 233/05)
                    ties v Coal Products Ltd (1)
             (Arbitration clause — Interest rebate)                                         (Language of the case: English)
                          (2000/C 233/04)
                                                                          In Case C-78/98 — reference by the House of Lords for a
                                                                          preliminary ruling under Article 177 of the EC Treaty (now
                                                                          Article 234 EC) in the case of Shirley Preston and Others v
                    (Language of the case: English)                       Wolverhampton Healthcare NHS Trust and Others and
                                                                          Dorothy Fletcher and Others v Midland Bank plc on the
In Case C-274/97: Commission of the European Communities                  interpretation of Article 119 of the EC Treaty (Articles 117 to
(Agents: P. Oliver and B. Doherty) v Coal Products Ltd, establis-         120 of the EC Treaty have been replaced by Articles 136 EC