CELEX: C1997/108/20
Language: en
Date: 1997-04-05 00:00:00
Title: Appeal brought on 10 February 1997 by Association Internationale des Utilisateurs de Fils de Filaments Artificiels et Synthétiques et de Soie Naturelle (Aiuffass) and Apparel, Knitting & Textiles Alliance (AKT) against the judgment delivered on 12 December 1996 by the Fifth Chamber, Extended Composition, of the Court of First Instance of the European Communities in Case T-380/94 between Association Internationale des Utilisateurs de Fils de Filaments Artificiels et Synthétiques et de Soie Naturelle (Aiuffass) and Apparel, Knitting & Textiles Alliance (AKT), on the one hand, and Commission of the European Communities, supported by the United Kingdom of Great Britain and Northern Ireland, on the other (Case C-55/97 P)

5 . 4 . 97               EN                       Official Journal of the European Communities                                 No C 108/ 11
6 February 1997 by the Commission of the European                            References to the Court for preliminary rulings by the
Communities, represented by Richard Wainwright,                              Pretura Circondariale di Trento by orders of 3 February
Principal Legal Adviser, acting as Agent, and J. J. Evrard,                   1997 in the proceedings pending before that court
of the Brussels Bar, with an address for service in                          between 1 . Epifanio Viscido, 2. Mauro Scandella and
Luxembourg at the office of Carlos Gomez de la Cruz,                         Others, and 3 . Massimiliano Terragnolo and Others and
Wagner Centre, Kirchberg.                                                                             Ente Poste Italiane
                                                                                            (Case C-52/97, C-53/97 and C-54/97)
                                                                                                           ( 97/C 108/19 )
The applicant claims that the Court should:
                                                                             Reference has been made to the Court of Justice of the
                                                                             European Communities by orders of the Pretura Circonda­
                                                                             riale di Trento (Magistrate's Court for the District of
— declare that by maintaining in force two circulars                         Trento ), which was received at the Court Registry on
       allowing the maximum levels for nitrates and                          7 February 1997, for preliminary rulings in the cases of
       pesticides prescribed by Article 7 of Council Directive               1 . Epifanio Viscido, 2 . Mauro Scandella and Others, and
       80/778/EEC of 15 July 1980 relating to the quality of                 3 . Massimiliano Terragnolo and Others and Ente Poste
       water intended for human consumption ( l ) to be                      Italiane, on the following question:
       exceeded, the French Republic has failed to fulfil its
       obligations under that Directive,                                     ( a ) whether a legal provision which relieves a particular
                                                                                   public economic entity from the obligation of
                                                                                   complying with the generally applicable legislation
                                                                                   concerning fixed-term employment contracts falls
— order the French Republic to pay the costs .                                     within the scope of ' aid granted by a Member State or
                                                                                   through State resources in any form whatsoever';
                                                                             ( b ) whether, if question ( a ) is answered in the affirmative,
Pleas in law and main arguments adduced in support:                                an aid of that kind should be subject to the
                                                                                   preliminary examination procedure under Article 93
                                                                                   ( 3 ) of the Treaty;
Council Directive 80/778/EEC is implemented in French                        (c ) whether, where that procedure has not been followed,
law by, inter alia, Decree No 89-3 of 3 January 1989 on                            the prohibition of an aid of that kind can be regarded
water intended for human consumption other than natural                            as directly applicable within the domestic law of the
mineral waters, as amended by Decrees No 90-330 and                                Italian State;
No 91-257 ( 2). That statutory system is complemented by
two circulars from the Minister for Health and Social                        ( d ) whether, in the event of question (c ) being answered in
Security (Ministre de la solidarité, de la santé et la protec­                     the affirmative, such a prohibition may be relied on in
tion sociale ), addressed to all regional and departmental                         a dispute between the public economic entity and an
prefects ( 3 ). Those circulars are incompatible with the                          individual who complains of failure to apply to him
Directive in that, first, they permit levels of nitrates,                          the general legislation concerning fixed-term
atrazine and simazine which significantly exceed the                               employment in order to secure conversion of his
maximum permissible concentrations laid down by the                                employment relationship into one of indeterminate
Directive. Secondly, the circulars create a situation of legal                     duration and/or compensation for damage .
uncertainty in the conditions for applying Directive 80/
778/EEC in French territory; they imply that the result
required by the Directive has not been and cannot be
achieved, and that neither consumers, nor operators                          Appeal brought on 10 February 1997 by Association Inter­
entrusted with the production or distribution of water for                   nationale des Utilisateurs de Fils de Filaments Artificiels et
human consumption, nor the authorities in charge of                          Synthetiques et de Soie Naturelle (Aiuffass ) and Apparel,
ensuring water quality are able to ascertain the precise                     Knitting & Textiles Alliance (AKT) against the judgment
extent of their respective rights and obligations. Finally,                  delivered on 12 December 1996 by the Fifth Chamber,
the French Government's arguments calling into question                      Extended Composition, of the Court of First Instance of
the policy foundation of the Directive in relation to the                    the European Communities in Case T-3 80/94 between
requirements of public health are both irrelevant as                         Association Internationale des Utilisateurs de Fils de Fila­
regards the obligations imposed by Article 189 of the EC                     ments Artificiels et Synthetiques et de Soie Naturelle ( Aiuf­
Treaty and unfounded in fact.                                                fass ) and Apparel, Knitting & Textiles Alliance (AKT), on
                                                                             the one hand, and Commission of the European
                                                                             Communities, supported by the United Kingdom of Great
(') OJ No L 229 , 30 . 8 . 1980, p. 11 .
                                                                                          Britain and Northern Ireland, on the other
( 2 ) JORF, 4. 1 . 1989, 13 . 4. 1990 and 8 . 3 . 1991 .
(') DSG/PGE/ 1.D. No 717 — triazine content of water intended                                           ( Case C-55/97 P)
      for human consumption; DGS/PGE/1.D. No 1325 — nitrate
                                                                                                           ( 97/C 108/20 )
      content of water intended for human consumption.
                                                                             An appeal against the judgment delivered on 12 December
                                                                              1996 by the Fifth Chamber, Extended Composition, of the
 ---pagebreak--- No C 108/ 12          EN                    Official Journal of the European Communities                                      5 . 4 . 97
Court of First Instance of the European Communities in                 The applicant claims that the Court should :
Case T-3 80/94 between Association Internationale des Uti­
lisateurs de Fils de Filaments Artificiels et Synthetiques et
de Soie Naturelle (Aiuffass ) and Apparel, Knitting &                  1 . declare that, by failing to bring into force within the
Textiles Alliance (AKT), on the one hand, and                                 prescribed period the laws, regulations or
Commission of the European Communities, supported by                          administrative provisions comprising any penalties
the United Kingdom of Great Britain and Northern                              necessary to comply with Council Directive 93/119/
Ireland, on the other, was brought before the Court of                        EC (') of 22 December 1993 on the protection of
Justice of the European Communities on 10 February                            animals at the time of slaughter or killing, the French
1997 by Association Internationale des Utilisateurs de Fils                   Republic has failed to fulfil its obligations under
de Filaments Artificiels et Synthetiques et de Soie Naturelle                 Article 18 of Directive 93/119/EC and the EC Treaty;
( Aiuffass ) and Apparel, Knitting & Textiles Alliance
( AKT), represented by M. Waelbroeck, J. Stuyck and O.
                                                                       2 . order the French Republic to pay the costs .
Speltdoorn, of the Brussels Bar, with an address for service
in Luxembourg at the Chambers of E. Arendt, 8—10 Rue
Mathias Hardt .
                                                                       Pleas in law and main arguments adduced in support:
The appellant claims that:
                                                                       The mandatory nature of the provisions of the third
                                                                       paragraph of Article 189 and the first paragraph of
— the judgment of the Fifth Chamber, Extended                          Article 5 of the EC Treaty requires Member States to
      Composition, of the Court of First Instance of                   adopt the measures necessary to transpose directives
      12 December 1996 in Case T-3 80/94 should be set                 addressed to them into their domestic law before the
      aside,                                                           expiry of the period prescribed for doing so. That period
                                                                       expired on 1 January 1995 without the French Republic
— consequently, the Commission Decision of 31 May                      having brought into force the necessary provisions .
       1994, reproduced in Commission Notice 94/C 271/06,
      authorizing the Government of the United Kingdom                 (') OJ No L 340, 31 . 12 . 1993 , p . 21 .
      under Article 92 ( 3 ) ( a ) and (c ) of the EC Treaty to
      grant aid of £ 61 million in favour of Hualon
       Corporation for the setting up of a textile producing
       plant in Northern Ireland should be annulled,
 — the Commission should be ordered to pay the costs of
       the appeal proceedings and of the proceedings before            Action brought on 10 February 1997 by the Commission
       the Court of First Instance in Case T-380/94 .                   of the European Communities against the French Republic
                                                                                                  Case C-57/97)
 Pleas in law and main arguments adduced in support:                                               97/C 108/22 )
 The appellants maintain that the Commission failed to
  take account of the effects of the investment at issue in the         An action against the French Republic was brought before
  high-range product sector. They consider that, in assessing           the Court of Justice of the European Communities on
  that aspect of the application, the contested judgment                10 February 1997 by the Commission of the European
  misinterpreted the Commission Decision and failed to                  Communities, represented by A. X. Lewis, acting as
  respond sufficiently to their arguments .                             Agent, with an address for service in Luxembourg at the
                                                                        office of Carlos Gomez de la Cruz, Wagner Centre,
                                                                        Kirchberg.
                                                                        The applicant claims that the Court should:
  Action brought on 10 February 1997 by the Commission
   of the European Communities against the French Republic               ( a ) declare that, by failing to bring into force within the
                           Case C-56/97)                                       prescribed period the laws, regulations or
                                                                               administrative provisions necessary to comply with:
                           ( 97/C 108/21 )
                                                                               1 . Council Directive 93/53/EEC ( 1 ) of 24 June 1993
   An action against the French Republic was brought before                        introducing minimum Community measures for
   the Court of Justice of the European Communities on                             the control of certain fish diseases;
   10 February 1997 by the Commission of the European
   Communities, represented by A. X. Lewis, acting as                          2 . Council Directive 93/113/EC (2 ) of 14 December
   Agent, with an address for service in Luxembourg at the                          1993 concerning the use and marketing of
   office of Carlos Gomez de la Cruz, Wagner Centre,                                enzymes, micro-organisms and their preparations
   Kirchberg.                                                                       in animal nutrition;