CELEX: C2000/211/06
Language: en
Date: 2000-07-22 00:00:00
Title: Judgment of the Court of 12 May 2000 in Case C-388/95: Kingdom of Belgium v Kingdom of Spain (Article 34 of the EC Treaty (now, after amendment, Article 29 EC) — Regulation (EEC) No 823/87 — Quality wines produced in a specified region — Designations of origin — Obligation to bottle in the region of production — Justification — Consequences of an earlier judgment giving a preliminary ruling — Article 5 of the EC Treaty (now Article 10 EC))

C 211/4                  EN                       Official Journal of the European Communities                                      22.7.2000
1. Declares that, by maintaining in force the combined provisions            declaration that by maintaining in force Real Decreto
     of Article L. 310-8 and Article A. 310-1 of the Insurance Code,         157/1988, por el que se establece la normativa a que deben
     which provide that insurance or capitalisation undertakings             ajustarse las denominaciones de origen y las denominaciones
     which market for the first time in France a standard form contract      de origen calificadas de vinos y sus respectivos Reglamentos
     of insurance must systematically send the Minister for Economic         (Royal Decree No 157/88 laying down the rules governing
     and Financial Affairs an information sheet containing infor-            designations of origin and controlled designations of origin
     mation on the general conditions of insurance policies, the French      for wines and regulations implementing it, BOE No 47 of
     Republic has failed to fulfil its obligations under Articles 6, 29      24 February 1988, p. 5864)) and in particular Article 19(1)(b)
     and 39 of Council Directive 92/49/EEC of 18 June 1992 on the            thereof, the Kingdom of Spain has failed to fulfil its obligations
     coordination of laws, regulations and administrative provisions         under Article 34 of the EC Treaty (now, after amendment,
     relating to direct insurance other than life assurance and              Article 29 EC), as interpreted by the Court of Justice of the
     amending Directives 73/239/EEC and 88/357/EEC (third non-               European Communities in its judgment of 9 June 1992 in
     life insurance directive) and Articles 5, 29 and 39 of Council          Case C-47/90 Delhaize v Promalvin [1992] ECR I-3669, and
     Directive 92/96/EEC of 10 November 1992 on the coordi-                  Article 5 of the EC Treaty (now Article 10 EC — the Court,
     nation of laws, regulations and administrative provisions relating      composed of G.C. Rodrı́guez Iglesias, President, J.C. Moitinho
     to direct life assurance and amending Directives 79/267/EEC             de Almeida, D.A.O. Edward, L. Sevón, R. Schintgen (Presidents
     and 90/619/EEC (third life assurance directive);                        of Chambers), C. Gulmann (Rapporteur), J.-P. Puissochet,
                                                                             G. Hirsch, P. Jann, H. Ragnemalm and M. Wathelet, Judges,
2. Orders the French Republic to pay the costs.                              Advocate General: A. Saggio, D. Louterman-Hubeau, Principal
                                                                             Administrator, for the Registrar, gave a judgment on 16 May
                                                                             2000, in which it:
(1) OJ C 299 of 26.9.1998.
                                                                             1. Dismisses the action;
                                                                             2. Orders the Kingdom of Belgium and the Kingdom of Spain to
                                                                                 bear their own costs;
                   JUDGMENT OF THE COURT
                                                                             3. Orders the Kingdom of Denmark, the Italian        Republic, the
                                                                                 Kingdom of the Netherlands, the Portuguese       Republic, the
                           of 12 May 2000
                                                                                 Republic of Finland, the United Kingdom of       Great Britain
                                                                                 and Northern Ireland and the Commission of       the European
in Case C-388/95: Kingdom of Belgium v Kingdom of                                Communities to bear their own costs.
                                Spain (1)
(Article 34 of the EC Treaty (now, after amendment,
                                                                             (1) OJ C 46 of 14.2.1996.
Article 29 EC) — Regulation (EEC) No 823/87 — Quality
wines produced in a specified region — Designations of
origin — Obligation to bottle in the region of production —
Justification — Consequences of an earlier judgment giving
a preliminary ruling — Article 5 of the EC Treaty (now
                            Article 10 EC))
                           (2000/C 211/06)
                     (Language of the case: Spanish)                         Action brought on 21 February 2000 by the Commission
                                                                             of the European Communities against the Italian Republic
(Provisional translation: the definitive translation will be published
                in the Reports of Cases before the Court)                                               (Case C-54/00)
In Case C-388/95, Kingdom of Belgium (Agent: J. Devadder),
supported by Kingdom of Denmark (Agent: P. Biering), the                                               (2000/C 211/07)
Kingdom of the Netherlands (Agents: M. Fierstra and J. van
den Oosterkamp), the Republic of Finland (Agents: H. Rotkirch,
T. Pynna and K. Castrén) and by the United Kingdom of Great                  An action against the Italian Republic was brought before the
Britain and Northern Ireland (Agent: S. Ridley, assisted by                  Court of Justice of the European Communities on 21 February
E. Sharpston), v Kingdom of Spain (R. Silva de la Puerta),                   2000 by the Commission of the European Communities,
supported by the Italian Republic (Agent: Professor U. Leanza,               represented by Richard Wainwright, of its Legal Service, and
assisted by I. M. Braguglia), the Portuguese Republic (Agents:               Giacinto Bisogni, appeal court judge on secondment to the
L. Fernandes, Â. Cortesão Seiça Neves and L. Bigotte Chorão)              Legal Service, acting as Agents, with an address for service in
and the Commission of the European Communities (Agents:                      Luxembourg at the office of Carlos Gómez de la Cruz, Wagner
J.L. Iglesias Buhigues and H. van Lier) — application for a                  Centre, Kirchberg.