CELEX: C1998/137/08
Language: en
Date: 1998-05-02 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 12 March 1998 in Case C-270/96 (reference for a preliminary ruling from the Tribunal Administratif, Paris): Laboratoires Sarget SA v. Fonds d'intervention et de régularisation du marché du sucre (FIRS) (Refund for use of sugar in the manufacture of certain chemical products - Anti-asthenia products - Tariff classification)

C 137/4               EN                  Official Journal of the European Communities                                       2.5.98
strator, for the Registrar, has given a judgment on                  composed of: C. Gulmann, President of the Chamber, M.
10 March 1998, in which it has ruled:                                Wathelet, D. A. O. Edward (Rapporteur), P. Jann and L.
                                                                     Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate-
1. the first paragraph of Article 234 of the EC Treaty               General; H. von Holstein, Deputy Registrar, for the
     must be interpreted as not applying to cases involving          Registrar, has given a judgment on 12 March 1998, in
     imports of bananas from a third country which is not            which it:
     a party to an international agreement concluded by
     Member States before the entry into force of the                1. declares that by excluding, by regulation or
     Treaty.                                                              administrative practice, the taking into account of
                                                                          previous employment in the public service of another
2. Commission Regulation (EC) No 478/95 of 1 March                        Member State for the purposes of granting to an
     1995 on additional rules for the application of Council              employee in Greek public service a seniority increment
     Regulation (EEC) No 404/93 as regards the tariff                     and of grading him on the salary scale, on the sole
     quota arrangements for imports of bananas into the                   ground that the previous employment was not
     Community and amending Regulation (EEC) No 1442/                     performed in Greek public service, the Hellenic
     93 is invalid to the extent to which Article 3(2) thereof            Republic is in breach of its obligations under
     imposes only on category A and C operators the                       Community law, in particular within the meaning of
     obligation to obtain export licences for bananas from                Article 48 of the EC Treaty and Article 7(1) of
     Colombia, Costa Rica or Nicaragua.                                   Council Regulation (EEC) No 1612/68 of 15 October
                                                                          1968 on freedom of movement for workers within the
                                                                          Community;
(1) OJ C 16, 20.1.1996.
(2) OJ L 49, 4.3.1995, p. 13.
                                                                     2. orders the Hellenic Republic to pay the costs.
                                                                     (1) OJ C 210, 20.7.1996.
                                                                     (2) OJ, English Special Edition 1968 (II), p. 475.
               JUDGMENT OF THE COURT
                        (Fifth Chamber)
                       of 12 March 1998
      in Case C-187/96: Commission of the European                                  JUDGMENT OF THE COURT
             Communities v. Hellenic Republic (1)                                            (Fourth Chamber)
(Failure of a Member State to fulfil its obligations Ð                                      of 12 March 1998
Freedom of movement for workers Ð Article 48 of the EC
                                                                     in Case C-270/96 (reference for a preliminary ruling from
Treaty Ð Article 7 of Regulation (EEC) No 1612/68 Ð
                                                                     the Tribunal Administratif, Paris): Laboratoires Sarget SA
Person working in the public service of a Member State Ð
                                                                     v. Fonds d'intervention et de reÂgularisation du marcheÂ du
Mutual recognition of periods of employment in the
                                                                                               sucre (FIRS) (1)
           public service of another Member State)
                                                                     (Refund for use of sugar in the manufacture of certain
                         (98/C 137/07)
                                                                     chemical products Ð Anti-asthenia products Ð Tariff
                                                                                                classification)
                (Language of the case: Greek)
                                                                                                (98/C 137/08)
  (Provisional translation; the definitive translation will be                       (Language of the case: French)
          published in the European Court Reports)
In Case C-187/96: Commission of the European                           (Provisional translation; the definitive translation will be
Communities (Agent: Maria Patakia) v. Hellenic Republic                        published in the European Court Reports)
(Agents: Ioanna Galani-Maragkoudaki and Stamatina
Vodina) Ð application for a declaration that by excluding,           In Case C-270/96: reference to the Court pursuant to
by regulation or administrative practice, the taking into            Article 177 of the EC Treaty from the Tribunal
account of previous employment in the public service of              Administratif (Administrative Court), Paris, for a
another Member State for the purposes of granting to an              preliminary ruling in the proceedings pending before that
employee in Greek public service a seniority increment               court between Laboratoires Sarget SA and Fonds
and of grading him on the salary scale, on the sole ground           d'intervention et de reÂgularisation du marcheÂ du sucre
that that previous employment was not performed in                   (FIRS) Ð on the interpretation of Council Regulation
Greek public service, the Hellenic Republic is in breach of          (EEC) No 1010/86 of 25 March 1986 laying down
its obligations under Community law, in particular within            general rules for the production refund on certain sugar
the meaning of Articles 5 and 48 of the EC Treaty and                products used in the chemical industry (2), as amended by
Article 7(1) of Council Regulation (EEC) No 1612/68 of               Article 9 of Commission Regulation (EEC) No 1714/88
15 October 1968 on freedom of movement for workers                   of 13 June 1988 amending certain regulations concerning
within the Community (2) Ð the Court (Fifth Chamber),                the application of the common market organisation for
 ---pagebreak--- 2.5.98                 EN                  Official Journal of the European Communities                                      C 137/5
sugar following the introduction of the Combined                      Caisse d'allocations familiales de l'Essonne Ð on the
Nomenclature (3), and on the interpretation of Chapter 30             interpretation of Article 39(1) of the Cooperation
of the Combined Nomenclature, as established by Annex I               Agreement between the European Economic Community
to Council Regulation (EEC) No 2658/87 of 23 July 1987                and the People's Democratic Republic of Algeria, signed in
on the tariff and statistical nomenclature and on the                 Algiers on 26 April 1976 and approved on behalf of the
Common Customs Tariff (4) Ð the Court (Fourth                         Community by Council Regulation (EEC) No 2210/78 of
Chamber), composed of: R. Schintgen, President of the                 26 September 1978 (2) Ð the Court (Sixth Chamber),
Second Chamber, acting for the President of the Fourth                composed of: H. Ragnemalm, President of the Chamber,
Chamber, P. J. G. Kapteyn and J. L. Murray (Rapporteur),              R. Schintgen (Rapporteur) and G. F. Mancini, Judges; F. G.
Judges; M. B. Elmer, Advocate-General; L. Hewlett,                    Jacobs, Advocate-General; L. Hewlett, Administrator, for
Administrator, for the Registrar, has given a judgment on             the Registrar, has given a judgment on 12 March 1998, in
12 March 1998, in which it has ruled:                                 which it has ruled:
products consisting of ingredients identical to those                 There is no need to reply to the question referred.
contained in Sargenor, Dynamisan, Lysivit and Sarvit and
in the same proportions cannot be classified within                   (1) OJ C 370, 7.12.1996.
heading 3004 of the Combined Nomenclature as                          (2) OJ L 263, 27.9.1978, p. 1.
established in Annex I to Council Regulation (EEC)
No 2658/87 of 23 July 1987 on the tariff and statistical
nomenclature and on the Common Customs Tariff, and
consequently do not come within the scope of Council
Regulation (EEC) No 1010/86 of 25 March 1986 laying
down general rules for the production refund on certain
                                                                                        ORDER OF THE COURT
sugar products used in the chemical industry, as amended
by Article 9 of Commission Regulation (EEC) No 1714/                                         (First Chamber)
88 of 13 June 1988 amending certain regulations                                            of 5 December 1997
concerning the application of the common market
organisation for sugar following the introduction of the              in Case C-218/97 P: Council of the European Union v.
Combined Nomenclature.                                                           Ana Maria Fernandes Leite Mateus (1)
                                                                                     (Appeal manifestly inadmissible)
(1 ) OJ C 294, 5.10.1996.
(2 ) OJ L 94, 9.4.1986, p. 9.                                                                 (98/C 137/10)
(3)  OJ L 152, 18.6.1988, p. 23.
(4)  OJ L 256, 7.9.1987, p. 1.                                                        (Language of the case: French)
                                                                        (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
                JUDGMENT OF THE COURT                                 In Case C-218/97 P: Council of the European Union
                                                                      (Agents: Amadeu Lopes Sabino and Diego Canga Fano
                         (Sixth Chamber)                              and TheÂreÁse Blanchet) Ð appeal against the judgment of
                       of 12 March 1998                               the Court of First Instance of the European Communities,
                                                                      First Chamber, of 16 April 1997, in Case T-80/96 Leite
in Case C-314/96 (reference for a preliminary ruling from             Mateus v. Council [1997] ECR II-259, seeking to have
the Tribunal des affaires de securiteÂ sociale, Evry): Ourdia         that judgment set aside, the other party to the proceedings
   Djabali v. Caisse d'allocations familiales de l'Essonne (1)        being Ana Maria Fernandes Leite Mateus, residing in
(EEC-Algeria Cooperation Agreement Ð Article 39(1) Ð                  Zaventem (Belgium), represented by Jean-NoeÈl Louis,
Principle of non-discrimination in the field of social                Thierry Demaseure, Ariane Tornel and FrancËoise
security Ð Disabled adults' allowance Ð Reference for a               Parmentier, of the Brussels Bar, with an address for service
                       preliminary ruling)                            in Luxembourg at Fiduciaire Myson SARL, 30, rue de
                                                                      Cessange Ð the Court (First Chamber), composed of M.
                          (98/C 137/09)                               Wathelet, President of Chambers, D. A. O. Edward and L.
                                                                      Sevón (Rapporteur), Judges; S. Alber, Advocate-General;
                 (Language of the case: French)                       R. Grass, Registrar, made an order on 5 December 1997,
                                                                      the operative part of which is as follows:
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                    1. the appeal is dismissed as manifestly inadmissible;
                                                                      2. the appellant is ordered to pay the costs.
In Case C-314/96: reference to the Court pursuant to
Article 177 of the EC Treaty from the Tribunal des
affaires de securiteÂ sociale (Social Security Court), Evry           (1) OJ C 228, 26.7.1997.
(France), for a preliminary ruling in the proceedings
pending before that court between Ourdia Djabali and