CELEX: C1998/055/05
Language: en
Date: 1998-02-20 00:00:00
Title: JUDGMENT OF THE COURT of 9 December 1997 in Case C-265/95: Commission of the European Communities, supported by Kingdom of Spain and United Kingdom of Great Britain and Northern Ireland v. French Republic (Free movement of goods - Agricultural products - Trade barriers resulting from actions by private individuals - Obligations of the Member States)

C 55/4                EN                 Official Journal of the European Communities                                  20.2.98
               JUDGMENT OF THE COURT                                3. orders the Kingdom of Spain and the United Kingdom
                                                                        of Great Britain and Northern Ireland to bear their
                     of 9 December 1997                                 own costs.
in Case C-265/95: Commission of the European
Communities, supported by Kingdom of Spain and United
Kingdom of Great Britain and Northern Ireland v. French             (1) OJ C 268, 14.10.1995.
                          Republic (1)
(Free movement of goods Ð Agricultural products Ð
Trade barriers resulting from actions by private
      individuals Ð Obligations of the Member States)
                         (98/C 55/05)
                                                                                   JUDGMENT OF THE COURT
                (Language of the case: French)                                           of 9 December 1997
                                                                    in Case C-353/95 P: TierceÂ Ladbroke SA v. Commission
                                                                    of the European Community, supported by the French
                                                                                              Republic (1)
 (Provisional translation; the definitive translation will be
          published in the European Court Reports)                  (Competition Ð State aid Ð Levy on bets taken on horse-
                                                                    races Ð Transfer of resources to an undertaking
                                                                                established in another Member State)
In Case C-265/95: Commission of the European                                                 (98/C 55/06)
Communities (Agents: Hendrik van Lier and Jean-Francis
Pasquier), supported by Kingdom of Spain (Agents:
Alberto JoseÂ Navarro GonzaÂlez and Rosario Silva de
Lapuerta), United Kingdom of Great Britain and Northern
Ireland (Agent: John E. Collins, assisted by Stephen                                (Language of the case: English)
Richards and Mark Hoskins) v. French Republic (Agents:
Jean-FrancËois Dobelle, Catherine de Salins, Anne de
Bourgoing and Philippe Martinet) Ð application for a
declaration that, by failing to take all necessary and
                                                                    In Case C-353/95P: TierceÂ Ladbroke SA, a company
proportionate measures in order to prevent the free
                                                                    incorporated under Belgian law, represented by Jeremy
movement of fruit and vegetables from being obstructed
                                                                    Lever QC, Christopher Vajda, Barrister, and Stephen Kon,
by actions by private individuals, the French Republic has
                                                                    Solicitor, with an address for service in Luxembourg at the
failed to fulfil its obligations under the common
                                                                    Chambers of Winandy & Err, 60 Avenue Gaston Diderich,
organisation of the markets in agricultural products and
                                                                    appeal against the judgment of the Court of First Instance
Article 30 of the EC Treaty, in conjunction with Article 5
                                                                    of the European Communities (First Chamber, Extended
of that Treaty Ð the Court, composed of: G. C.
                                                                    Composition) of 18 September 1995 in Case T-471/93
Rodríguez Iglesias, President, C. Gulmann, H.
                                                                    TierceÂ Ladbroke v. Commission [1995] ECR II-2537,
Ragnemalm, M. Wathelet and R. Schintgen (Rapporteur)
                                                                    seeking to have that judgment set aside, the other party to
(Presidents of Chambers), G. F. Mancini, J. C. Moitinho
                                                                    the proceedings being the Commission of the European
de Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O.
                                                                    Communities (Agent: Eric White) supported by the French
Edward, J.-P. Puissochet, G. Hirsch and P. Jann, Judges;
                                                                    Republic (Agents: Jean-FrancËois Dobelle, Catherine de
C. O. Lenz, Advocate-General; H. A. Rühl, Principal
                                                                    Salins and Jean-Marc Belorgey) Ð the Court composed of:
Administrator, for the Registrar, has given a judgment on
                                                                    G. C. Rodríguez Iglesias, President, C. Gulmann, H.
9 December 1997, in which it:
                                                                    Ragnemalm, R. Schintgen (Presidents of Chambers), G. F.
                                                                    Mancini, P. J. G. Kapteyn (Rapporteur), J. L. Murray,
                                                                    D. A. O. Edward, J.-P. Puissochet, G. Hirsch and P. Jann,
                                                                    Judges, Advocate-General: G. Cosmas, Registrar: H.
1. declares that, by failing to adopt all necessary and
                                                                    Holstein, Deputy Registrar, has given a judgment on
     proportionate measures in order to prevent the free
                                                                    9 December 1997, in which it:
     movement of fruit and vegetables from being
     obstructed by actions by private individuals, the
     French Republic has failed to fulfil its obligations
     under Article 30 of the EC Treaty, in conjunction with
     Article 5 of that Treaty, and under the common                 1. dismisses the appeal;
     organisations of the markets in agricultural products;
2. orders the French Republic to pay the costs;                     2. orders TierceÂ Ladbroke SA to pay the costs;