CELEX: C1998/055/13
Language: en
Date: 1998-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 16 December 1997 in Case C-325/96 (reference for a preliminary ruling from the Supremo Tribunal Administrativo): Fábrica de Queijo Eru Portuguesa Ld.ª v. Subdirector-Geral das Alfândegas; joined as a party: Ministério Público (Inward processing relief arrangements - Special arrangements for milk sector products - Extension of the time-limit for export)

C 55/8                 EN                  Official Journal of the European Communities                                      20.2.98
health conditions governing the placing on the market of              Administrativo (Portuguese Supreme Administrative
aquaculture animals and products (OJ L 175, 19.7.1993,                Court) for a preliminary ruling in the proceedings pending
p. 34), Council Directive 93/113/EC of 14 December 1993               before that court between FaÂbrica de Queijo Eru Portu-
concerning the use and marketing of enzymes, micro-                   guesa Ld..a and Subdirector-Geral das AlfaÃndegas; joined
organisms and their preparations in animal nutrition (OJ              as a party: MinisteÂrio PuÂblico Ð on the interpretation of
L 334, 31.12.1993, p. 17) and Council Directive 93/114/               Article 14(2) of Council Regulation (EEC) No 1999/85 of
EC of 14 December 1993 amending Directive 70/524/EEC                  16 July 1985 on inward processing relief arrangements
concerning additives in feedingstuffs (OJ L 334,                      (OJ L 188, 20.7.1985, p. 1) and Articles 27 and 28 of
31.12.1993, p. 24), the Italian Republic has failed to fulfil         Council Regulation (EEC) No 3677/86 of 24 November
its obligations under those Directives and the EC Treaty              1986 laying down provisions for the implementation of
Ð the Court (Sixth Chamber), composed of: H.                          Regulation (EEC) No 1999/85 (OJ L 351, 12.12.1986,
Ragnemalm (Rapporteur), President of the Chamber, R.                  p. 1), as amended by Commission Regulation (EEC)
Schintgen, G. F. Mancini, P. J. G. Kapteyn and G. Hirsch,             No 2281/88 of 25 July 1988 (OJ L 200, 26.7.1988, p. 20)
Judges; N. Fennelly, Advocate-General; L. Hewlett,                    Ð the Court (Fourth Chamber), composed of: H.
Administrator, for the Registrar, has given a judgment on             Ragnemalm (Rapporteur), President of the Chamber,
16 December 1997, in which it:                                        P. J. G. Kapteyn and J. L. Murray, Judges; D. Ruiz-Jarabo
                                                                      Colomer, Advocate-General; H. A. Rühl, Principal
1. declares that, by failing to bring into force within the           Administrator, for the Registrar, has given a judgment on
     prescribed periods the laws, regulations and                     16 December 1997, in which it has ruled:
     administrative provisions necessary to comply with
     Council Directive 93/53/EEC of 24 June 1993                      Article 28 of Council Regulation (EEC) No 3677/86 of
     introducing minimum Community measures for the                   24 November 1986 laying down provisions for the
     control of certain fish diseases, Council Directive 93/          implementation of Regulation (EEC) No 1999/85 on
     113/EC of 14 December 1993 concerning the use and                inward processing relief arrangements, as amended by
     marketing of enzymes, micro-organisms and their                  Commission Regulation (EEC) No 2281/88 of 25 July
     preparations in animal nutrition and Council Directive           1988, must be interpreted as meaning that the time-limits
     93/114/EC of 14 December 1993 amending Directive                 for re-export laid down therein may not be extended.
     70/524/EEC concerning additives in feedingstuffs, the
     Italian Republic has failed to fulfil its obligations
     under the first subparagraph of Article 20(1) of                 (1) OJ C 354, 23.11.1996.
     Directive 93/53/EEC, the first subparagraph of
     Article 8(1) of Directive 93/113/EC and the first
     subparagraph of Article 2(1) of Directive 93/114/EC;
2. orders the Italian Republic to pay the costs.
                                                                                    JUDGMENT OF THE COURT
(1) OJ C 336, 9.11.1996.                                                                     (Sixth Chamber)
                                                                                          of 16 December 1997
                                                                      in    Case C-341/96: Commission of the European
                                                                            Communities v. Federal Republic of Germany (1)
                JUDGMENT OF THE COURT                                 (Failure of a Member State to fulfil its obligations Ð
                                                                      Directive 93/36/EEC Ð Failure to transpose within the
                       (Fourth Chamber)                                                     prescribed period)
                     of 16 December 1997                                                       (98/C 55/14)
in Case C-325/96 (reference for a preliminary ruling from
the Supremo Tribunal Administrativo): FaÂbrica de Queijo
                                                                                    (Language of the case: German)
Eru Portuguesa Ld..a v. Subdirector-Geral das AlfaÃndegas;
            joined as a party: MinisteÂrio PuÂblico (1)
(Inward processing relief arrangements Ð Special                        (Provisional translation; the definitive translation will be
arrangements for milk sector products Ð Extension of the                       published in the European Court Reports)
                     time-limit for export)
                          (98/C 55/13)                                In Case C-341/96: Commission of the European
                                                                      Communities (Agent: Claudia Schmidt) v. Federal
               (Language of the case: Portuguese)                     Republic of Germany (Agents: Ernst Röder and Bernd
                                                                      Kloke) Ð application for a declaration that, by failing to
                                                                      adopt within the prescribed period all the laws and
  (Provisional translation; the definitive translation will be        regulations necessary to comply with Council Directive
          published in the European Court Reports)                    93/36/EEC of 14 June 1993 coordinating procedures for
                                                                      the award of public supply contracts (OJ L 199, 9.8.1993,
In Case C-325/96: reference to the Court under Article 177            p. 1) and, in the alternative, by failing to notify the
of the EC Treaty from the Supremo Tribunal                            Commission immediately of the measures adopted in