CELEX: C2000/335/41
Language: en
Date: 2000-11-25 00:00:00
Title: Order of the Court of 28 June 2000 in Case C-116/00 (reference for a preliminary ruling from the Cour d'Appel, Paris): criminal proceedings against Claude Laguillaumie (Preliminary rulings — Inadmissibility)

C 335/22                 EN                     Official Journal of the European Communities                                        25.11.2000
1.    Annuls Directive 98/43/EC of the European Parliament and             Council Directive 75/106/EEC of 19 December 1974 on the
      of the Council of 6 July 1998 on the approximation of the            approximation of the laws of the Member States relating to the
      laws, regulations and administrative provisions of the Member        making-up by volume of certain pre-packaged liquids, amended by
      States relating to the advertising and sponsorship of tobacco        Council Directive 79/1005/EEC of 23 November 1979, Council
      products;                                                            Directive 85/10/EEC of 18 December 1984, Council Directive
                                                                           88/316/EEC of 7 June 1988 and Council Directive 89/676/EEC
2.    Orders the European Parliament and the Council of the                of 21 December 1989, must be construed as not allowing Member
      European Union to pay the costs, and the French Republic, the        States to prohibit, by means of legislation such as the Belgian Royal
      Republic of Finland, the United Kingdom of Great Britain             Decree of 16 February 1982 relating to the ranges of nominal
      and Northern Ireland and the Commission of the European              quantities and nominal volumes of contents authorised for certain
      Communities to bear their own costs.                                 prepackaged products, the marketing of any prepackage having a
                                                                           nominal volume which is not mentioned in Annex III, column I, to
(1) OJ C 378 of 5.12.1998.                                                 that directive.
                                                                           Article 30 of the EC Treaty (now, after amendment, Article 28 EC)
                                                                           must be construed as precluding a Member State from prohibiting
                                                                           the marketing of a prepackage having a nominal volume not included
                                                                           in the Community range, which is lawfully manufactured and
                                                                           marketed in another Member State, unless such a prohibition is
                 JUDGMENT OF THE COURT                                     designed to meet an overriding requirement relating to consumer
                                                                           protection, applies without distinction to national and imported
                          (Sixth Chamber)                                  products alike, is necessary in order to meet the requirement in
                                                                           question and is proportionate to the objective pursued, and that
                        of 12 October 2000                                 objective cannot be achieved by measures which are less restrictive of
                                                                           intra-Community trade.
in Case C-3/99 (reference for a preliminary ruling from
the Tribunal de Commerce de Bruxelles): Cidrerie Ruwet                     (1) OJ C 71 of 13.3.1999.
        SA v Cidre Stassen SA and HP Bulmer Ltd (1)
(Free movement of goods — Directive 75/106/EEC — Partial
harmonisation — Prepackaged liquids —Making-up by
volume — Cider — Prohibition by a Member State of
       nominal volumes not mentioned by the directive)
                           (2000/C 335/40)                                                      ORDER OF THE COURT
                                                                                                      of 28 June 2000
                     (Language of the case: French)
                                                                           in Case C-116/00 (reference for a preliminary ruling from
(Provisional translation; the definitive translation will be published     the Cour d’Appel, Paris): criminal proceedings against
                    in the European Court Reports)                                                Claude Laguillaumie (1)
In Case C-3/99: reference to the Court under Article 177 of                             (Preliminary rulings — Inadmissibility)
the EC Treaty (now Article 234 EC) from the Tribunal de
Commerce (Commercial Court), Brussels for a preliminary
ruling in the proceedings pending before that court between                                           (2000/C 335/41)
Cidrerie Ruwet SA and Cidre Stassen SA, HP Bulmer Ltd — on
the interpretation of Article 30 of the EC Treaty (now,
after amendment, Article 28 EC), and on the validity and                                        (Language of the case: French)
interpretation of Council Directive 75/106/EEC of 19 Decem-
ber 1974 on the approximation of the laws of the Member
States relating to the making-up by volume of certain prepack-             (Provisional translation; the definitive translation will be published
aged liquids (OJ 1975 L 42, p. 1), amended by Council                                          in the European Court Reports)
Directive 79/1005/EEC of 23 November 1979 (OJ 1979
L 308, p. 25), Council Directive 85/10/EEC of 18 December                  In Case C-116/00: reference to the Court under Article 234 EC
1984 (OJ 1985 L 4, p. 20), Council Directive 88/316/EEC of                 from the Cour d’appel (Court of Appeal), Paris, for a prelimi-
7 June 1988 (OJ 1988 L 143, p. 26) and Council Directive                   nary ruling in the criminal proceedings pending before that
89/676/EEC of 21 December 1989 (OJ 1989 L 398, p. 18)                      court against Claude Laguillaumie — on the interpretation of
— the Court (Sixth Chamber), composed of: C. Gulmann                       Articles 30 and 36 (now Articles 28 and 30 EC), Articles 85
(Rapporteur), President of the Chamber, J.-P. Puissochet and               and 86 (now Articles 81 and 82 EC) of the EC Treaty, Council
R. Schintgen, Judges, N. Fennelly, Advocate General; D. Louter-            Directive 83/189/EEC of 28 March 1983 laying down a
man-Hubeau, Principal Administrator, for the Registrar, has                procedure for the provision of information in the field of
given a judgment on 12 October 2000, in which it has ruled:                technical standards and regulations (OJ L 109, p. 8), Council
 ---pagebreak--- 25.11.2000              EN                      Official Journal of the European Communities                                           C 335/23
Directive 91/156/EEC of 18 March 1991 amending Directive                   1.    The appeal is dismissed.
75/442/EEC on waste (OJ L 78, p. 32) and Directive 94/62/EC
of the European Parliament and the Council of 20 December                  2.    Fratelli Murri SpA is ordered to pay the costs.
1994 on packaging and packaging waste (OJ L 365, p. 10) —
the Court, composed of: G.C. Rodrı́guez Iglesias, President,
J.C. Moitinho de Almeida, D.A.O. Edward, L. Sevón (Rappor-                (1) OJ C 20 of 22.1.2000.
teur) and R. Schintgen, Presidents of Chambers, P.J.G. Kapteyn,
C. Gulmann, A. La Pergola, J.-P. Puissochet, G. Hirsch, P. Jann,
H. Ragnemalm, M. Wathelet, V. Skouris, and F. Macken, Judg-
es; F.G. Jacob, Advocate General; R. Grass, Registrar, has made
an order on 28 June 2000, in which it has ruled:
The request for a preliminary ruling submitted by the Cour d’Appel,
Paris, by decision received at the Court on 27 March 2000, is                                  ORDER OF THE COURT
inadmissible.
                                                                                                   (Second Chamber)
( 1) OJ C 163 of 10.6.2000.
                                                                                                      of 13 July 2000
                                                                           in Case C-8/99 P: Carmen Gómez de Enterrı́a y Sanchez v
                                                                                                European Parliament (1)
                                                                           (Appeal manifestly inadmissible in part and manifestly ill-
                    ORDER OF THE COURT                                                               founded in part)
                        (Fourth Chamber)                                                             (2000/C 335/43)
                           of 6 July 2000                                                      (Language of the case: French)
in Case C-399/99 P: Fratelli Murri SpA v Commission of
                 the European Communities (1)                              (Provisional translation: the definitive translation will be published
                                                                                              in the European Court Reports)
(Appeals — Non-contractual liability — Expiry of limitation
                               period)                                     In Case C-8/99 P: Carmen Gómez de Enterrı́a y Sanchez,
                                                                           a former official of the European Parliament, residing in
                          (2000/C 335/42)                                  Luxembourg (Luxembourg), represented by E. Boigelot, of the
                                                                           Brussels Bar, with an address for service in Luxembourg at the
                                                                           Chambers of L. Schiltz, 2 Rue du Fort Reinsheim — appeal
                   (Language of the case: German)                          against the judgment of the Court of First Instance of the
                                                                           European Communities (First Chamber) of 17 November 1998
                                                                           in Case T-131/97 Gómez de Enterrı́a y Sanchez v Parliament
                                                                           [1998] ECR-SC I-A-613 and II-1855, seeking to have that
(Provisional translation: the definitive translation will be published     judgment set aside, the other party to the proceedings being:
                   in the European Court Reports)                          European Parliament (Agents: M. Peter and J. Sant’Anna,
                                                                           assisted by D. Waelbroeck) — the Court (Second Chamber),
In Case C-399/99 P: Fratelli Murri SpA, established in Rome,               composed of R. Schintgen, President of the Chamber, G. Hirsch
represented by K.-G. von Luschka, Rechtsanwalt Chieming,                   (Rapporteur) and V. Skouris, Judges, N. Fennelly, Advocate
with an address for service in Luxembourg at the Chambers of               General: R. Grass, Registrar, has made an order on 13 July
C. Medernach, 8-10 Rue Mathias Hardt — appeal against the                  2000, in which it:
judgment of the Court of First Instance of the European
Communities, First Chamber, of 4 August 1999 in Case                       1.    Dismisses the appeal;
T-106/98 Fratelli Muni v Commission (not yet published)
seeking to have that judgment set aside, the other party to                2.    Orders Mrs Carmen Gómez de Enterrı́a y Sanchez to pay the
the proceedings being the Commission of the European                             costs.
Communities (Agents: B. Brandtner and B. Martenczuk) —
the Court (Fourth Chamber), composed of D.A.O. Edward,
Presidents of the Chamber, P.J.G. Kapteyn (Rapporteur) and                 (1) OJ C 71, 13.3.1999.
A. La Pergola, Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, made an order on 6 July 2000, the operative part of
which is as follows: