CELEX: C1999/001/04
Language: en
Date: 1999-01-04 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 19 November 1998 in Case C-284/94: Kingdom of Spain v. Council of the European Union supported by Commission of the European Communities (Action for annulment - Common commercial policy - Regulations (EC) No 519/94 and (EC) No 1921/94 - Import quotas for certain toys from the People's Republic of China) (1999/C 1/04)

4.1.1999             EN                   Official Journal of the European Communities                                        C 1/3
     on a time-limit under national law even if that                 3. Orders the Commission of the European Communities
     Member State has not yet amended its national rules                  to bear its own costs.
     in order to render them compatible with those
     provisions.
                                                                     (1) OJ C 351, 10.12.1994.
(1) OJ C 269, 14.9.1996.
                                                                                     JUDGMENT OF THE COURT
                                                                                             (Sixth Chamber)
              JUDGMENT OF THE COURT
                                                                                          of 19 November 1998
                       (Sixth Chamber)
                                                                     in Case C-159/96: Portuguese Republic v. Commission of
                    of 19 November 1998                                               the European Communities (1)
in Case C-284/94: Kingdom of Spain v. Council of the                 (Commercial policy Ð Quantitative limits on imports of
European Union supported by Commission of the                        textil products Ð Products originating in the People's
                  European Communities (1)                           Republic of China Ð Additional imports Ð Commission's
                                                                                        powers of implementation)
(Action for annulment Ð Common commercial policy Ð
Regulations (EC) No 519/94 and (EC) No 1921/94 Ð                                              (1999/C 1/05)
Import quotas for certain toys from the People's Republic
                           of China)
                         (1999/C 1/04)                                              (Language of the case: Portuguese)
               (Language of the case: Spanish)
                                                                       (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
  (Provisional translation; the definitive translation will be
                                                                     In Case C-159/96: Portuguese Republic (Agents: Luís
         published in the European Court Reports)
                                                                     Fernandes and Maria Luísa Durante) v. Commission of
                                                                     the European Communities (Agents: Marc de Pauw and
                                                                     Francisco de Sousa Fialho) Ð application for annulment
                                                                     of the Commission's practice of applying exceptional
In Case C-284/94: Kingdom of Spain (Agents: Alberto                  flexibility' measures in the administration of quantitative
Navarro GonzaÂlez and Gloria Calvo DiaÂz) v. Council of              limits on importation into the European Community of
the European Union (Agents: Bjarne Hoff-Nielsen, Guus                textile products and clothing from non-member countries
Houttuin and Diego Canga Fano), supported by                         and, specifically, of the decision adopted by the
Commission of the European Communities (Agents:                      Commission following the meeting of the Textile
Miguel Díaz-Llanos, Patrick Hetsch and Carlos Gómez de               Committee of 6 March 1996 concerning textile products
la Cruz Ð Application for the annulment of Council                   originating from the People's Republic of China Ð the
Regulation (EC) No 1921/94 of 25 July 1994 amending                  Court (Sixth Chamber), composed of: P. J. G. Kapteyn
Regulation (EC) No 519/94 on common rules for imports                (Rapporteur), President of the Chamber, G. Hirsch, G. F.
from certain third countries (OJ L 198, 30.7.1994, p. 1)             Mancini, H. Ragnemalm and K. M. Ioannou, Judges;
Ð the Court (Sixth Chamber), composed of P. J. G.                    A. Saggio, Advocate-General; H. A. Rühl, Principal
Kapteyn, President of the Chamber, G. F. Mancini                     Administrator, for the Registrar, has given a judgment on
(Rapporteur) and J. L. Murray, Judges; P. LeÂger,                    19 November 1998, in which it:
Advocate-General; H. von Holstein, Deputy Registrar, has
given a judgment on 19 November 1998, in which it:
                                                                     1. Declares the action inadmissible as regards the claim
                                                                          for annulment of the practice of exceptional
1. Dismisses the application;                                             flexibility' measures followed by the Commission of
                                                                          the European Communities in the administration of
                                                                          quantitative limits on the importation into the
                                                                          Community of textile products and clothing
2. Orders the Kingdom of Spain to pay the costs;                          originating in non-member countries;