CELEX: C1998/209/01
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 26 March 1998 in Case C-324/96 (reference for a preliminary ruling from the Irinodikio, Echinos): Odette Nikou Petridi Anonymos Kapnemboriki AE v. Athanasia Simou and Others (Common organisation of the markets - Raw tobacco - System of maximum guaranteed quantities - Validity of Council Regulations (EEC) No 1114/88, (EEC) No 1251/89 and (EEC) No 1252/89 and of Commission Regulation (EEC) No 2046/90)

4.7.98               EN                  Official Journal of the European Communities                                     C 209/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
              JUDGMENT OF THE COURT                                  harvest, the quantity actually produced and the prices and
                      (Fifth Chamber)                                premiums payable under the system of maximum
                                                                     guaranteed quantities (OJ L 187 of 19.7.1990, p. 23), as
                     of 26 March 1998                                well as on the interpretation of the second paragraph of
in Case C-324/96 (reference for a preliminary ruling from            clause 8 of the cultivation contract set out in the annex to
the Irinodikio, Echinos): Odette Nikou Petridi Anonymos              Commission Regulation (EEC) No 4263/88 of
   Kapnemboriki AE v. Athanasia Simou and Others (1)                 21 December 1988 amending Regulation (EEC) No 1726/
                                                                     70 on the procedure for granting the premium for leaf
(Common organisation of the markets Ð Raw tobacco Ð                  tobacco (OJ L 376 of 31.12.1988, p. 34) Ð the
System of maximum guaranteed quantities Ð Validity                   Court (Fifth Chamber), composed of: C. Gulmann,
of Council Regulations (EEC) No 1114/88, (EEC)                       President of the Chamber, J. C. Moitinho de Almeida
No 1251/89 and (EEC) No 1252/89 and of Commission                    (Rapporteur), D. A. O. Edward, J.-P. Puissochet and P.
               Regulation (EEC) No 2046/90)                          Jann, Judges; M. B. Elmer, Advocate General; L. Hewlett,
                       (98/C 209/01)                                 Administrator, for the Registrar, has given a judgment on
                                                                     26 March 1998, in which it has ruled:
               (Language of the case: Greek)
                                                                     1. Consideration of the question raised has disclosed no
                                                                         factor of such a kind as to affect the validity of
 (Provisional translation; the definitive translation will be            Council Regulation (EEC) No 1114/88 of 25 April
         published in the European Court Reports)                        1988 amending Regulation (EEC) No 727/70 on the
                                                                         common organisation of the market in raw tobacco.
In Case C-324/96: reference to the Court under Article 177
of the EC Treaty from the Irinodikio (Small Claims                   2. Consideration of the question raised has disclosed no
Court), Echinos (Greece), for a preliminary ruling in the                factor of such a kind as to affect the validity of
proceedings pending before that court between Odette                     Council Regulation (EEC) No 1251/89 of 3 May 1989
Nikou Petridi Anonymos Kapnemboriki AE and Athanasia                     amending Regulation No 727/70 and of Council
Simou and Others Ð on the validity of Council                            Regulation (EEC) No 1252/89 of 3 May 1989 fixing,
Regulation (EEC) No 1114/88 of 25 April 1988 amending                    for the 1989 harvest, the norm and intervention prices
Regulation (EEC) No 727/70 on the common organisation                    and the premiums granted to purchasers of leaf
of the market in raw tobacco (OJ L 110 of 29.4.1988,                     tobacco, the derived intervention prices for baled
p. 35), Council Regulation (EEC) No 1251/89 of 3 May                     tobacco, the reference qualities, the production areas
1989 amending Regulation (EEC) No 727/70 (OJ L 129                       and the guaranteed maximum quantities and
of 11.5.1989, p. 16), Council Regulation (EEC) No 1252/                  amending Regulations (EEC) No 1577/86, (EEC)
89 of 3 May 1989 fixing, for the 1989 harvest, the norm                  No 1975/87 and (EEC) No 2268/88.
and intervention prices and the premiums granted to
purchasers of leaf tobacco, the derived intervention prices          3. Consideration of the question raised has disclosed no
for baled tobacco, the reference qualities, the production               factor of such a kind as to affect the validity of
areas and the guaranteed maximum quantities and                          Commission Regulation (EEC) No 2046/90 of 18 July
amending Regulations (EEC) No 1577/86, (EEC) No 1975/                    1990 determining, for tobacco from the 1989 harvest,
87 and (EEC) No 2268/88 (OJ L 129 of 11.5.1989, p. 17),                  the quantity actually produced and the prices and
and of Commission Regulation (EEC) No 2046/90 of                         premiums payable under the system of maximum
18 July 1990 determining, for tobacco from the 1989                      guaranteed quantities.
 ---pagebreak--- C 209/2               EN                  Official Journal of the European Communities                                   4.7.98
4. Although a processing undertaking is required to repay            (EEC) No 4064/89 (Case No IV/M.308 Ð Kali + Salz/
     the amounts corresponding to the reduction in prices            MdK/Treuhand) (OJ L 186 of 21.7.1994, p. 38) in so far
     and the premium decided on pursuant to Article 4(5)             as it makes the declaration that the concentration is
     of Regulation No 727/70, as amended, the second                 compatible with the common market conditional on
     paragraph of clause 8 of the cultivation contract set           compliance with the conditions set out in point 63 of the
     out in the annex to Regulation No 4263/88 allows, in            decision, and for partial annulment of that decision in so
     such a case, the contract price to be renegotiated              far as it accepted the commitment referred to in point 65
     between the processing undertaking and the tobacco              by which Kali und Salz AG undertook to adapt the
     producers in line with the reduction in the prices and          structure of Potacan by 30 June 1994 Ð the Court,
     premium.                                                        composed of G. C. Rodríguez Iglesias, President, C.
                                                                     Gulmann (Rapporteur) and H. Ragnemalm, Presidents of
(1) OJ C 354 of 23.11.1996.                                          Chambers, G. F. Mancini, J. C. Moitinho de Almeida,
                                                                     P. J. G. Kapteyn, J. L. Murray, D. A. O. Edward, J.-P.
                                                                     Puissochet, G. Hirsch and P. Jann, Judges; G. Tesauro,
                                                                     Advocate General; R. Grass, Registrar, has given a
                                                                     judgment on 31 March 1998, in which it:
                                                                     1. Annuls Commission Decision 94/449/EC of 14
               JUDGMENT OF THE COURT
                                                                         December 1993 relating to a proceeding pursuant to
                      of 31 March 1998                                   Council Regulation (EEC) No 4064/89 (Case No IV/
                                                                         M.308 Ð Kali + Salz/MdK/Treuhand).
in Joined Cases C-68/94 French Republic v. Commission
of the European Communities, supported by Federal
Republic of Germany, and C-30/95: SocieÂteÂ Commerciale              2. In Case C-68/94, orders the Commission of the
des Potasses et de l'Azote (SCPA) and Entreprise MinieÁre                European Communities to pay the costs.
et Chimique (EMC), supported by French Republic v.
Commission of the European Communities, supported by
Kali und Salz GmbH and Kali und Salz Beteiligungs-                   3. In Case C-30/95, orders the Commission of the
                             AG (1)                                      European Communities to pay the costs, and Kali und
                                                                         Salz GmbH and Kali und Salz Beteiligungs-AG to bear
(Community        control    of     concentrations     between           their own costs.
        undertakings Ð Collective dominant position)
                        (98/C 209/02)                                4. Orders the Federal Republic of Germany, which
                                                                         intervened in Case C-68/94, and the French Republic,
                (Language of the case: French)                           which intervened in Case C-30/95, to bear their own
                                                                         costs.
  (Provisional translation; the definitive translation will be       (1) OJ C 120 of 30.4.1994.
          published in the European Court Reports)
In Joined Cases C-68/94: French Republic (Agents: Edwige
Belliard, Catherine de Salins and Jean-Marc Belorgey) v.
Commission of the European Communities (Agent: Berend
Jan Drijber, assisted by Jacques Bourgeois), supported by                          JUDGMENT OF THE COURT
Federal Republic of Germany (Agents: Ernst Röder and                                        of 2 April 1998
Bernd Kloke) Ð application for annulment of Commission
Decision 94/449/EC of 14 December 1993 relating to a                 in Case C-296/95 (reference for a preliminary ruling from
proceeding pursuant to Council Regulation (EEC)                      the Court of Appeal, England and Wales): The Queen v.
No 4064/89 (Case No IV/M.308 Ð Kali + Salz/MdK/                      Commissioners of Customs and Excise, ex parte EMU
Treuhand) (OJ L 186 of 21.7.1994, p. 38) and C-30/95:                Tabac SARL, The Man in Black Limited and John
SocieÂteÂ Commerciale des Potasses et de l'Azote (SCPA)                   Cunningham, intervener: Imperial Tobacco Ltd (1)
and Entreprise MinieÁre et Chimique (EMC), represented               (Council Directive 92/12/EEC on the general
by Charles Price of the Brussels Bar, with an address for            arrangements for products subject to excise duty and on
service in Luxembourg at the Chambers of Lucy Dupong,                the holding, movement and monitoring of such products
14A Rue des Bains, supported by French Republic                      Ð Member State in which duty is payable Ð Purchase
(Agents: Edwige Belliard, Catherine de Salins and                                          through an agent)
Jean-Marc Belorgey) v. Commission of the European
Communities (Agent: Berend Jan Drijber, assisted by                                          (98/C 209/03)
Jacques Bourgeois), supported by Kali und Salz GmbH
and Kali und Salz Beteiligungs-AG, represented by                                   (Language of the case: English)
Karlheinz Quack and Georg Albrechtskirchinger Ð
application for partial annulment of Article 1 of
Commission Decision 94/449/EC on 14 December 1993                    In Case C-296/95: reference to the Court under Article 177
relating to a proceeding pursuant to Council Regulation              of the EC Treaty from the Court of Appeal, England and