CELEX: C1995/351/17
Language: en
Date: 1995-12-30 00:00:00
Title: Reference for a preliminary ruling from the Tribunal de Commerce, Pontoise, by judgment of that court of 3 October 1995 in the case of Phytheron International SA v. Jean Bourdon SA (Case C-352/95)

No C 351 / 10            EN                     Official Journal of the European Communities                                       30 . 12 . 95
( 1 ) declare that, by failing within the prescribed period                Reference for a preliminary ruling by the High Court of
       to adopt, alternatively, to communicate to the                      Justice, Queen 's Bench Division, Commercial Court, by
       Commission, all of the laws, regulations and                        order of that court of 31 October 1995 , in the case of The
       administrative measures necessary in order to comply                Queen against Minister for Agriculture, Fisheries and Food,
       with Council Directive 91 /371 /EEC of 20 June 1991 on                         ex parte: National Farmers ' Union and others
       the implementation of the Agreement between the                                                  Case C-354/95 )
       European Economic Community and the Swiss
       Confederation concerning direct insurance other than                                              ( 95/C 351 / 18 )
       life assurance ( 1 ), the Grand Duchy of Luxembourg has
       failed to fulfil its obligations under the EC Treaty and
       the said Directive;                                                 Reference has been made to the Court of Justice of the
                                                                           European Communities by an order of the High Court of
( 2 ) order the Grand Duchy of Luxembourg to pay the                       Justice, Queen's Bench Division, Commercial Court of
       costs .                                                             31 October 1995 , which was received at the Court Registry
                                                                           on 20 November 1995 , for a preliminary ruling in the case
Pleas in law and main arguments adduced in support:                        of The Queen against Minister for Agriculture, Fisheries and
                                                                           Food , ex parte: National Farmers ' Union and others, on the
The mandatory nature of the provisions of the third
                                                                           following questions :
Paragraph of Article 189 and of the first paragraph of
Article 5 of the EC Treaty is such as to oblige Member States
to whom directives are addressed to adopt the measures
necessary for the implementation of such directives within                 ( 1 ) are Article 9 ( 2 ) to ( 4 ) of Commission Regulation
the time limit prescribed therein . The time limit in question                     ( EEC) No 3887/92 0 of 23 December 1992 laying
expired on 4 July 1993 but the Grand Duchy of                                      down detailed rules for applying the integrated
Luxembourg has not adopted the necessary measures .                                administration and control system for certain
                                                                                   Community aid schemes ( prior to the entry into force
(') Of No L 205 , 27 . 7 . 1991 , p . 48 .                                         of Regulation ( EC ) No 1648/95 (2 )) of 6 July 19 95
                                                                                   amending Regulation ( EEC ) No 3887/92 laying
                                                                                   down detailed rules for applying the integrated
                                                                                   administration and control system for certain
                                                                                   Community aid schemes to be construed as requiring
Reference for a preliminary ruling from the Tribunal de                            that all area related payments be refused to farmers
Commerce, Pontoise, by judgment of that court of                                   whose set aside land actually determined is found to be
3 October 1 995 in the case of Phytheron International SA                          less than that declared in an aid application when the
                        v. Jean Bourdon SA                                         difference is more than 20 % but when no false
                             Case C-352/95 )                                       intention or serious negligence has been found ?
                              ( 95/C 351 /1 7 )
Reference has been made to the Court of Justice of the                     ( 2 ) Are Articles 9 ( 2 ) to ( 4 ) of Commission Regulation
European Communities by a judgment of the Tribunal de                              ( EEC ) No 3887/92 ( prior to the entry into force of
 Commerce ( Commercial Court ), Pontoise, of 3 October                             Regulation ( EC ) No 1648/95 ) to be construed as
 1995 , which was received at the Court Registry on                                requiring that all beef premiums be refused to farmers
 15 November 1995 , for a preliminary ruling in the case of                        whose forage area actually determined is found to be
Phytheron International SA v. Jean Bourdon SA on the                               less than that declared in an area aid application when
 following questions :                                                             the difference is more than 20% , but when no false
                                                                                   intention or serious negligence has been found ?
 1 . can a product which is covered by a protected trade
      mark and which is lawfully acquired by a trader in
      Member State A in Member State B, where it is approved                ( 3 ) If the answer to question 1 and/or 2 is 'yes'» are
      and marketed under the same trade mark , be lawfully                         Articles 9 ( 2 ) to ( 4 ) of Commission Regulation ( EEC )
      imported from Member State B and marketed in                                 No 3887/92 ( prior to the entry into force of Regulation
      Member State A when the product in question :                                 ( EC ) No 1648/95 ) invalid , wholly or in part, by reason
                                                                                   of breach of any principle of Community law,
      — is a genuine product which has not undergone any
                                                                                    particularly legal certainty, non-discrimination and/or
           processing,
                                                                                    proportionality ?
      — has not undergone any alteration in packaging, save
           for the addition on the label of a number of
           statements designed to comply with the legislative               ( 4 ) If the answer to question 1 and/or 2 is 'no', how are
           requirements of Member State A, and                                      Articles 9 ( 2 ) to ( 4 ) of Commission Regulation ( EEC )
                                                                                    No 3887/92 ( prior to the entry into force of Regulation
      — is also approved in Member State A ?                                        ( EC ) No 1648/95 ) to be construed ?
 2 . Does a prohibition based on the trade mark legislation
      of Member State A infringe Article 30 of the EC
                                                                             ( 5 ) Regardless of the answers to questions 1 to 4, is it
      Treaty ?
                                                                                    valid and lawful for Commission Regulation ( EEC )
                                                                                    No 3887/92 to impose the sanction of loss of the entire