CELEX: C1995/054/03
Language: en
Date: 1995-03-04 00:00:00
Title: Decisions adopted by the Court at its meeting on 25 January 1995

No C 54/2            EN                Official Journal of the European Communities                                        4 . 3 . 95
Decisions adopted by the Court at its meeting on 25 January       2.     For each of the cases assigned to them, the First and
                            1995                                  Fourth Chambers (to which four judges are attached ) will
                         95/C 54/03                               consist of the President, the Judge-Rapporteur and a third
                                                                  judge designated in accordance with the order on a list
                                                                  corresponding to the order of seniority, the starting point of
The Court of Justice of the European Communities adopted          which is to be moved on by one name at each general
the following decisions at its meeting on 25 January              meeting.
1995 :
                                                                  3.     For the purposes of determining the five judges who
Appointment of Presidents of Chamber                              are to sit in each case assigned to one of the large Chambers,
                                                                  namely the Fifth and Sixth Chambers (to each of which
Pursuant to Article 10 ( 1 ) of the Rules of Procedure the
                                                                  seven judges are now attached ), a list will be drawn up for
Court appointed for the period from 25 January 1995 to            the judicial year. That list will include all of the judges
6 October 1995 :
                                                                  attached to the Chamber, apart from the President, in the
                                                                  following order:
— Mr P. Jann as President of the First Chamber (in place of
     Mr R. Joliet, President of Chamber),                         (a ) the judges of the small Chamber to which four judges
                                                                        are attached, in order of seniority;
— Mr C. Gulmann as President of the Fifth Chamber (in
    place of Mr R. Joliet, President of Chamber ).                ( b ) the judges of the other small Chamber, in order of
                                                                        seniority.
Composition ofthe Chambers, attachment ofjudges to each
Chamber and rules governing their composition                     For each case, a large Chamber will consist of:
1 . The Court decided to retain the six existing Chambers,        — the President,
namely four Chambers consisting of three judges ('small
Chambers') and two Chambers consisting of five judges
                                                                  — the Judge-Rapporteur,
('large Chambers'). In order to take account of the present
number of members of the Court, two of the small
Chambers (the First and Fourth Chambers ) will have four
                                                                  — three judges designated according to the order shown on
                                                                       the list, the starting point of which is to be moved on by
judges attached to them and the two large Chambers will
                                                                       one name at each general meeting.
have seven judges attached to them.
The Court decided to attach the following judges to the
                                                                  In the event that one or more judges are prevented from
                                                                  acting, he or they will be replaced in accordance with the
following Chambers :                                              order on the list. However, in the event that the President of
— First Chamber:
                                                                  a large Chamber is prevented from acting, he will preferably
                                                                  be replaced by the President of the small Chamber.
    Mr Jann, President of Chamber
    Mr Joliet, Mr Edward and Mr Sevon, Judges,
                                                                  Where the Court or a Chamber considers that two or more
— Second Chamber:                                                 cases should be heard and determined together (whether or
    Mr Schockweiler, President of Chamber                         not they have been formally joined ), the composition of the
    Mr Mancini and Mr Hirsch, Judges,                             bench is to be that fixed for the first of the cases discussed at
                                                                  a general meeting.
— Third Chamber:
    Mr Gulmann, President of Chamber                              4.     For the period up to 6 October 1995, the lists referred
    Mr Moitinho de Almeida and Mr. Puissochet, Judges,            to above are to be as follows :
— Fourth Chamber
                                                                  First Chamber
    Mr Kapteyn, President of Chamber
    Mr Kakouris, Mr Murray and Mr Ragnemalm,
                                                                  (President: Mr Jann)
    Judges,
                                                                  Mr Joliet,
— Fifth Chamber: the judges attached to the First and
                                                                  Mr Edward, and
    Third Chambers, namely
    Mr Gulmann, President of Chamber
                                                                  Mr Sevon, Judges
    Mr Jann, Mr Joliet, Mr Moitinho de Almeida, Mr
    Edward, Mr. Puissochet and Mr Sevón, Judges,                  Fourth Chamber
— Sixth Chamber: the judges attached to the Second and            (President: Mr Kapteyn)
    Fourth Chambers, namely
    Mr Schockweiler, President of Chamber                         Mr Kakouris,
    Mr Kapteyn, Mr Mancini, Mr Kakouris, Mr Murray,               Mr Murray, and
    Mr Hirsch and Mr Ragnemalm, Judges.                           Mr Ragnemalm, Judges
 ---pagebreak--- 4 . 3 . 95           EN                 Official Journal of the European Communities                                  No C 54/3
Fifth Chamber                                                      Messrs Norton Rose, Kempson House, PO Box 570,
                                                                   Camomile Street, London EC3A 7AN — the Court (Fifth
(President: Mr Gulmann)                                            Chamber), composed of: G. C. Rodriguez Iglesias
                                                                   (Rapporteur), President of the Court acting as President of
Mr Joliet,                                                         the Chamber, J. C. Moitinho de Almeida and D. A. O.
Mr Edward,                                                         Edward, Judges; C. O. Lenz, Advocate General; L. Hewlett,
Mr Jann,                                                           Administrator, for the Registrar, has given a judgment on
Mr Sevón,                                                          17 January 1995 , in which it:
Mr Moitinho de Almeida, and
Mr Puissochet, Judges                                              1 . sets aside the judgment of the Court of First Instance of
                                                                        9 July 1992 in Case T-66/89;
Sixth Chamber
                                                                   2. annuls Articles 2, 3 and 4 of Commission Decision
( President: Mr Schockweiler)                                           89/44/EEC of 12 December 1988 relating to a
                                                                        proceeding under Article 85 of the EEC Treaty
Mr Kakouris,                                                            (IV/27.393 and IV/27.394, Publishers Association —
Mr Kapteyn,                                                             Net Book Agreements);
Mr Murray,
Mr Ragnemalm,                                                      3.   orders the Commission to bear its own costs and all the
Mr Mancini, and                                                         costs incurred by the appellant, both in the proceedings
Mr Hirsch, Judges.                                                      before the Court ofFirst Instance and in the proceedings
                                                                        before this Court, and the costs incurred before this
                                                                        Court relating to the intervention by Clé — The Irish
                                                                        Book Publishers Association and the Booksellers
                                                                        Association of Great Britain and Ireland;
              JUDGMENT OF THE COURT                                4. orders Pentos Pic and Pentos Retailing Group Ltd to
                       (Fifth Chamber)                                  bear their own costs.
                     of 17 January 1995
                                                                   (!) OJ No C 288 , 5 . 11 . 1992 .
in Case C-360/92 P: Publishers Association v. Commission           (2 ) Case T-66/89, Publishers Association and the Commission,
              of the European Communities ( J )                         ECR II, p. 1995 .
 (Appeal — Competition — Net price system for books —
Rejection of an application for exemption under
Article 85 (3) — Indispensability of restrictions on
                         competition)
                          95/C 54/04
                                                                                  JUDGMENT OF THE COURT
                                                                                            (Fifth Chamber)
               (Language of the case: English)
                                                                                          of 17 January 1995
In Case C-360/92 P: Publishers Association, whose head                    in Case C-93/94: Commission of the European
office is in London, represented by J. Lever QC, M. Pelling               Communities v. Kingdom of the Netherlands i 1 )
and R. W. R. Thompson, Barristers, and R. Griffith,                 (Failure to fulfil obligations — Council Directive
Solicitor, of Messrs Clifford Chance, with an address for          90/667/EEC — Failure to transpose within the prescribed
service in Luxembourg at the Chambers of M. Loesch, 8 Rue                                         period)
Zithe, supported by Clé — The Irish Book Publishers                                           ( 95/C 54/05 )
Association, whose office is in Dublin, represented by J. D.
 Cooke SC and R. Heron, Solicitor, of Messrs Matheson,
 Ormsby & Prentice, with an address for service in                                  (Language of the case: Dutch)
Luxembourg at the Chambers of M. Loesch, 8 Rue Zithe,
and by Booksellers Association of Great Britain and Ireland,        (Provisional translation; the definitive translation will be
whose office is in London, represented by C. Quigley,                        published in the European Court Reports)
Barrister, and M. Nathanson, Solicitor, of Messrs
Penningtons, with an address for service in Luxembourg at           In Case C-93/94: Commission of the European
the Chambers of M. Loesch, 8 Rue Zithe — appeal against             Communities (Agent: Thomas van Rijn ) v. Kingdom of the
the judgment of the Court of First Instance ( Second               Netherlands (Agents: J. W. de Zwaan and J. S. van den
 Chamber ) of 9 July 1992 (2), seeking to have that judgment        Oosterkamp) — application for a declaration that, by failing
set aside, the other party to the proceedings being                 to adopt the measures necessary for the transposition of
 Commission of the European Communities (B. J. Drijber,             Council Directive 90/667/EEC of 27 November 1990 laying
Agent, assisted by N. Forwood QC), supported by Pentos              down the veterinary rules for the disposal and processing of
 pic, whose registered office is in London, and Pentos              animal waste, for its placing on the market and for the
 Retailing Group Ltd, whose registered office is in                 prevention of pathogens in feedstuffs of animal or fish
 Birmingham, both represented by R. P. Falkner, Solicitor, of       origin, and amending Directive 90/425/EEC (2 ), the