CELEX: C1996/046/05
Language: en
Date: 1996-02-17 00:00:00
Title: JUDGMENT OF THE COURT of 12 December 1995 in Joined Cases C-319/93, C-40/94 and C-224/94 (references for a preliminary ruling from the Gerechtshof, Leeuwarden, and the Arrondissementsrechtbank, 's-Hertogenbosch): Hendrik Evert Dijkstra v. Friesland (Frico Domo) Coöperatie BA and Others (Competition - Status of dairy cooperative associations - Fee payable on withdrawal or expulsion - Interpretation of Article 2 of Regulation No 26)

17. 2 . 96           I EN |               Official Journal of the European Communities                                    No C 46/3
                JUDGMENT OF THE COURT                                      obligations under Article 1 of Regulation (EEC)
                          ( Fifth Chamber)                                 No 2241 /87;
                        of 7 December 1995
                                                                      3 . orders the French Republic to pay the costs.
in     Case    C-52/95 :      Commission   of the      European
               Communities v. French Republic (*)
                                                                      (') OJ No C 87, 8 . 4 . 1995 .
 (Failure of a Member State to fulfil its obligations —
Anchovy catch quotas — Control measures — Obligations
                       of the Member States)
                              96/C 46/04 )
                 (Language of the case: French)                                      JUDGMENT OF THE COURT
                                                                                            of 12 December 1995
(Provisional translation; the definitive translation will be          in Joined Cases C-3 19/93 , C-40/94 and C-224/94
          published in the European Court Reports)                    ( references for a preliminary ruling from the Gerechtshof,
                                                                      Leeuwarden,          and    the    Arrondissementsrechtbank,
                                                                      's-Hertogenbosch ): Hendrik Evert Dijkstra v. Friesland
In Case C-52/95 : Commission of the European                                  ( Frico Domo ) Coöperatie BA and Others ( l )
Communities ( Agent: G. Rozet) v. French Republic ( Agents :          (Competition — Status ofdairy cooperative associations —
E. Belliard, G. Mignot and I. Latournarie ) — application for        Feepayable on withdrawal or expulsion — Interpretation of
a declaration by the Court that by not provisionally                                  Article 2 of Regulation No 26)
prohibiting fishing by its vessels of anchovy stocks in ICES
                                                                                                 96/C 46/05
Zone VIII so as to ensure compliance with the fishing quotas
allocated to it in 1991 and 1992 and by not taking action
against the persons responsible for fishing and                                        (Language of the case: Dutch)
fishing-related activities carried out in respect of such stocks
after fishing was prohibited by the Commission in 1991 and
                                                                      (Provisional translation; the definitive translation will be
1992 , the French Republic has failed to fulfil its obligations
                                                                                published in the European Court Reports)
under Articles 11 ( 2 ) and 1 of Council Regulation ( EEC )
No 2241 /87 of 23 July 1987 establishing certain control
measures for fishing activities ( OJ 1987 L 207, p. 1 ), as          In Joined Cases C-3 19/93 , C-40/94 and C-224/94 :
amended by Council Regulation ( EEC ) No 3483/88 of                  references to the Court under Article 177 of the EEC Treaty
7 November 1988 ( OJ 1988 L 306 , p. 2 ), in conjunction             by the Gerechtshof ( Regional Court of Appeal ),
with Article 3 of, and the Annexes to, both Council                  Leeuwarden, and the Arrondissementsrechtbank ( District
Regulation ( EEC ) No 3926/90 of 20 December 1990 fixing,            Court ), ' s-Hertogenbosch ( Netherlands ) for a preliminary
for certain fish stocks and groups of fish stocks, the total         ruling in the proceedings pending before those courts
allowable catches for 1991 and certain conditions under              between Hendrik Evert Dijkstra and Friesland ( Frico domo )
which they may be fished ( OJ 1990 L 378 , p. 1 ) and Council        Coöperatie BA, between Cornelis van Roessel and others
Regulation ( EEC ) No 3882/91 of 18 December 1991 fixing,            and De coöperatieve vereniging Zuivelcoöperatie Campina
for certain fish stocks and groups of fish stocks, the total         Melkunie BA, and between Willem de Bie and others and De
allowable catches for 1992 and certain conditions under              Coöperatie Zuivelcoöperatie Campina Melkunie BA, on the
which they may be fished ( OJ 1991 L 367, p. 1 ) — the Court         interpretation of Article 2 ( 1 ) of Regulation No 26 of the
( Fifth Chamber), composed of D. A. O. Edward                        Council of 4 April 1962 applying certain rules of
( Rapporteur), President of the Chamber, J. -P. Puissochet,          competition to production of and trade in agricultural
J. C. Moitinho de Almeida, C. Gulmann and M. Wathelet,               products ( OJ, English Special Edition 1959— 1962, p. 129 )
Judges; N. Fennelly, Advocate General ; R. Grass, Registrar,         — the Court, composed of G. C. Rodriguez Iglesias,
gave a judgment on 7 December 1995 , in which it:                    President, C. N. Kakouris, D. A. O. Edward, J. -P. Puissochet
                                                                     and G. Hirsch ( Presidents of Chambers ), J. C. Moitinho de
                                                                     Almeida ( Rapporteur ), P. J. G. Kapteyn, C. Gulmann, J. L.
1 . declares that, by not provisionally prohibiting fishing by       Murray, P. Jann and L. Sevón, Judges; G. Tesauro, Advocate
     its vessels of anchovy stocks in ICES Zone VIII so as to        General ; H. A. Rühl , Principal Administrator, for the
     ensure compliance with the fishing quotas allocated to it       Registrar, has given a judgment on 12 December 1995 , in
     in 1991 and 1992, the French Republic has failed to             which it rules :
     fulfil its obligations under Article 1 1 (2) of Council
     Regulation (EEC) No 2241 /87 of 23 July 1987
     establishing certain control measures for fishing                1 . The inapplicability of Article 85 of the Treaty to
     activities;                                                           agreements, decisions and practices offarmers, farmers '
                                                                           associations or associations of such associations is
                                                                           exclusively subject to the conditions laid down in the
2 . declares that, by not taking action against the persons                second sentence of Article 2 (1 ) of Regulation No 26. If
     responsible for fishing and fishing-related activities                an agreement or decision falls within the scope of
     carried out in respect of the stock in question after                 Article 85 (1 ) of the Treaty and the criteria for
     fishing was prohibited by the Commission in 1991 and                  exemption referred to in the second sentence of
     1992, the French Republic has failed to fulfill its                   Article 2 (1 ) of Regulation No 26 are not fulfilled, and it
 ---pagebreak--- No C 46/4              EN                  Official Journal of the European Communities                                       17. 2 . 96
    does not qualify for exemption pursuant to                        Principal Administrator, for the Registrar, has given a
    Article 85 (3), it is automatically void arid such nullity        judgment on 12 December 1995 , in which it rules :
    has retroactive effect.
                                                                      1 . In order to decide whether fees payable under the
2 . A national court before which a party pleads the nullity                statutes of a cooperative association on withdrawal or
    of a clause in the statutes of an agricultural cooperative              exclusion are compatible with Article 85 (1 ) of the EEC
    on the ground that it infringes Article 85 (1 ) of the                  Treaty, the national court must consider the object of
    Treaty, and before which the cooperative seeks to rely                  the agreement providing for such fees, the effects of that
    on Article 2 (1 ) of Regulation No 26, may continue the                 agreement and whether it affects intra- Community
    proceedings and adjudicate on the dispute if it is clear                trade, taking into account the economic context in
    that the criteria for the application of Article 85 (1) are             which the undertakings operate, the products or services
    not fulfilled, or may declare the clause void under                     covered by the agreement, the structure of the market
    Article 85 (2) if it is certain that that provision does not            concerned and the actual conditions in which it
    fulfil the conditions for application of the exception laid             functions.
    down in Article 2 (1 ) of Regulation No 26 and does not
    qualify for exemption under Article 85 (3). Where there
    is any doubt, the national court may, if it is appropriate        2 . Fees payable under the statutes of a cooperative
    and consistent with the national rules of procedure,                    association on withdrawal or exclusion may fall within
    obtain additional information from the Commission or                    the derogation provided for in Regulation No 26 of the
    allow the parties to seek a decision from the                           Council of 4 April 1962 applying certain rules of
     Commission .                                                           competition to production of and trade in agricultural
                                                                            products only if the agreement providing for them
(•) OJ No C 204 , 28 . 7 . 1993 .
                                                                            concerns a cooperative association belonging to a single
                                                                            Member State, does not cover prices but concerns rather
                                                                            the production or sale ofagricultural products or the use
                                                                            ofjoint facilities for the storage, treatment or processing
                                                                            of such products, and finally does not exclude
                                                                            competition or jeopardize the objectives of the common
                                                                            agricultural policy.
                 JUDGMENT OF THE COURT
                      of 12 December 1995                             (') OJ No C 274 , 12 . 10 . 1993 .
in Case C-3 99/93 (reference for a preliminary ruling from
the Arrondissementsrechtbank, Zutphen ): H.G. Oude
Luttikhuis and Others v. Verenigde Cooperatieve
                  Melkindustrie Coberco BA (*)
(Competition — Statutes of dairy cooperative associations
— Fee payable on withdrawal or expulsion — Article 85 of
                the Treaty and Regulation No 26)                                      JUDGMENT OF THE COURT
                           ( 96/C 46/06 )                                                       ( Sixth Chamber)
                                                                                             of 12 December 1995
                  (Language of the case: Dutch)                        in Case C-469/93 (reference for a preliminary ruling from
                                                                       the Tribunale di Trieste): Amministrazione delle Finanze
 (Provisional translation; the definitive translation will be                       dello Stato v. Chiquita Italia SpA ( J )
         published in the European Court Reports)                      (Direct effect of provisions of the GATT and the Lomé
                                                                                     Conventions — Internal taxation)
In Case C-399/93 : reference to the Court under Article 177                                        ( 96/C 46/07 )
of the EEC Treaty from the Arrondissementsrechtbank,
Zutphen ( Zutphen District Court ), ( Holland ), for a                                 (Language of the case: Italian)
preliminary ruling in the proceedings pending before that
court between H.G. Oude Luttikhuis and Others and
Verenigde Cooperatieve Melkindustrie Coberco BA — on                   (Provisional translation; the definitive translation will be
 the interpretation of Article 85 ( 1 ) of the EEC Treaty and                    published in the European Court Reports)
 Article 2 ( 1 ) of Regulation No 26 of the Council of 4 April
 1962 applying certain rules of competition to production of
 and trade in agricultural products ( OJ, English Special              In Case C-469/93 : reference to the Court under Article 177
 Edition 1959—1962, p. 129 ) — the Court, composed of                  of the EEC Treaty from the Tribunale di Trieste ( District
 G. C. Rodriguez Iglesias, President, C. N. Kakouris , D. A. O.        Court, Trieste ) ( Italy ) for a preliminary ruling in the
 Edward ( Rapporteur ), J. -P. Puissochet and G. Hirsch                proceedings pending before that court between
 (Presidents of Chambers ), J. C. Moitinho de Almeida, P. J.           Amministrazione delle Finanze dello Stato and Chiquita
 G. Kapteyn, C. Gulmann, J. L. Murray, P. Jann and L.                   Italia SpA — on the interpretation of the General Agreement
 Sevón, Judges; G. Tesauro, Advocate General; H. A. Rühl,               on Tariffs and Trade and the ACP-EEC Conventions signed