CELEX: C1998/299/10
Language: en
Date: 1998-09-26 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 16 July 1998 in Case C-136/96 (reference for a preliminary ruling from the Tribunal de Grande Instance, Paris): The Scotch Whisky Association v. Compagnie Financière Européenne de Prises de Participation (Cofepp), Prisunic SA and Centrale d'Achats et de Services Alimentaires SARL (Casal) (Definition, description and presentation of spirit drinks - Regulation (EEC) No 1576/89 - Conditions for the use of the generic term 'whisky' - Drinks consisting entirely of whisky and water)

C 299/6               EN                  Official Journal of the European Communities                                      26.9.98
               JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                       (Sixth Chamber)                                                       (Fifth Chamber)
                        of 16 July 1998                                                       of 16 July 1998
in Case C-235/95 (reference for a preliminary ruling from            in Case C-136/96 (reference for a preliminary ruling from
the Cour d'Appel, Douai): AGS Assedic Pas-de-Calais v.               the Tribunal de Grande Instance, Paris): The Scotch
FrancËois Dumon and Maître Froment, liquidator and                   Whisky Association v. Compagnie FinancieÁre EuropeÂenne
      representative of EÂtablissements Pierre Gilson (1)            de Prises de Participation (Cofepp), Prisunic SA and
                                                                     Centrale d'Achats et de Services Alimentaires SARL
(Social policy Ð Protection of employees in the event of                                         (Casal) (1)
the insolvency of their employer Ð Directive 80/987/EEC
Ð Article 4 Ð Direct effect Ð Whether national                       (Definition, description and presentation of spirit drinks
provisions fixing the ceiling for the guarantee of payment           Ð Regulation (EEC) No 1576/89 Ð Conditions for the
may be relied on against individuals where the                       use of the generic term whisky' Ð Drinks consisting
            Commission has not been informed)                                         entirely of whisky and water)
                         (98/C 299/09)                                                         (98/C 299/10)
                (Language of the case: French)                                       (Language of the case: French)
  (Provisional translation; the definitive translation will be         (Provisional translation; the definitive translation will be
         published in the European Court Reports)                             published in the European Court Reports)
In Case C-235/95: reference to the Court under Article 177           In Case C-136/96: reference to the Court under Article 177
of the EC Treaty by the Cour d'Appel (Court of Appeal),              of the EC Treaty by the Tribunal de Grande Instance,
Douai (France), for a preliminary ruling in the proceedings          Paris, for a preliminary ruling in the proceedings pending
pending before that court between AGS Assedic Pas-de-                before that court between The Scotch Whisky Association
Calais and FrancËois Dumon and Maître Froment,                       and Compagnie FinancieÁre EuropeÂenne de Prises de
liquidator and representative of EÂtablissements Pierre              Participation (Cofepp), Prisunic SA and Centrale d'Achats
Gilson, on the interpretation of Council Directive 80/987/           et de Services Alimentaires SARL (Casal), on the
EEC of 20 October 1980 on the approximation of the                   interpretation of Council Regulation (EEC) No 1576/89 of
laws of the Member States relating to the protection of              29 May 1989 laying down general rules on the definition,
employees in the event of the insolvency of their                    description and presentation of spirit drinks (2) Ð the
employer (2) Ð the Court (Sixth Chamber), composed of:               Court (Fifth Chamber), composed of: C. Gulmann,
H. Ragnemalm, President of the Chamber, G. F. Mancini                President of the Chamber, M. Wathelet (Rapporteur), J. C.
(Rapporteur) and J. L. Murray, Judges; Advocate General;             Moitinho de Almeida, P. Jann and L. Sevón, Judges;
G. Cosmas, R. Grass, Registrar, has given a judgment on              Advocate General: J. Mischo, Registrar H. A. Rühl,
16 July 1998, the operative part of which is as follows:             Principal Administrator, has given a judgment on 16 July
                                                                     1998, the operative part of which is as follows.
Articles 4(3) and 11 of Council Directive 80/987/EEC of
20 October 1980 on the approximation of the laws of the              Article 5 of Council Regulation (EEC) No 1576/89 of
Member States relating to the protection of employees in             29 May 1989 laying down general rules on the definition,
the event of the insolvency of their employer do not                 description and presentation of spirit drinks prohibits the
preclude the application of provisions setting a ceiling on          inclusion of the generic term whisky' in the sales
the payment guarantee in respect of employees'                       description of a spirit drink containing whisky diluted
outstanding claims, where the Member State has failed to             with water, with an alcoholic strength by volume of less
inform the Commission of the methods used to set that                than 40 %, or the addition of the term whisky' to the
ceiling.                                                             description spirit' or spirit drink' applied to such a drink.
(1) OJ C 229, 2.9.1995.                                              (1) OJ C 180, 22.6.1996.
(2) OJ L 283, 20.10.1980, p. 23.                                     (2) OJ L 160, 12.6.1989, p. 1.