CELEX: C1998/209/22
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 7 May 1998 in Case C-145/97: Commission of the European Communities v. Kingdom of Belgium (Failure to fulfil obligations - Obligation of prior communication under Directive 83/189/EEC)

4.7.98                EN                  Official Journal of the European Communities                                    C 209/11
              JUDGMENT OF THE COURT                                                  JUDGMENT OF THE COURT
                        of 5 May 1998                                                         (Sixth Chamber)
in Case C-404/96 P: Glencore Grain Ltd v. Commission of                                        of 7 May 1998
                the European Communities (1)
                                                                            in Case C-145/97: Commission of the European
(Emergency assistance given by the Community to the                              Communities v. Kingdom of Belgium (1)
States of the former Soviet Union Ð Loan Ð
Documentary credit Ð Action for annulment Ð                                (Failure to fulfil obligations Ð Obligation of prior
            Admissibility Ð Directly concerned')                             communication under Directive 83/189/EEC)
                                                                                               (98/C 209/22)
                         (98/C 209/21)
                                                                                      (Language of the case: French)
                (Language of the case: Dutch)
                                                                       (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-145/97: Commission of the European
In Case C-404/96 P: Glencore Grain Ltd, formerly trading             Communities (Agents: Richard B. Wainwright and Jean-
as Richco Commodities Ltd, a company incorporated                    Francis Pasquier) v. Kingdom of Belgium (Agent: Jan
under Bermudian law, established at Hamilton (Bermuda),              Devadder) Ð application for a declaration that, by
represented by M. M. Slotboom, P. V. F. Bos and J. G. A.             adopting the Decree of 9 November 1993 of the
van Zuuren, of the Rotterdam Bar, with an address for                Government of the Region of Metropolitan Brussels
service in Luxembourg at the Chambers of Marc Loesch,                concerning standards of quality and safety in furnished
11 Rue Goethe Ð appeal against the judgment of the                   accommodation without first communicating it to the
Court of First Instance of the European Communities                  Commission in draft form, the Kingdom of Belgium has
(Third Chamber) of 24 September 1996 in Case T-509/93                failed to fulfil its obligations under Article 8 of Council
Richco v. Commission [1996] ECR II-1181, seeking to                  Directive 83/189/EEC of 28 March 1983 laying down a
have that judgment set aside, the other party to the                 procedure for the provision of information in the field
proceedings being the Commission of the European                     of technical standards and regulations (OJ L 109 of
Communities (Agents: B. J. Drijber and N. Khan) Ð the                26.4.1983, p. 8), as amended by Council Directive 88/
Court, composed of: G. C. Rodríguez Iglesias, President,             182/EEC of 22 March 1988 (OJ L 81 of 26.3.1988, p. 75)
C. Gulmann, H. Ragnemalm, M. Wathelet (Rapporteur)                   Ð the Court (Sixth Chamber), composed of: H.
and R. Schintgen (Presidents of Chambers), G. F. Mancini,            Ragnemalm (Rapporteur), President of the Chamber, R.
J. C. Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,           Schintgen, G. F. Mancini, G. Hirsch and K. M. Ioannou,
D. A. O. Edward, J.-P. Puissochet, G. Hirsch and P. Jann,            Judges; N. Fennelly, Advocate General; H. A. Rühl,
L. Sevón and K. M. Ioannou, Judges, Advocate General:                Principal Administrator, for the Registrar, has given a
A. La Pergola, Registrar: D. Loutermann-Hubeau,                      judgment on 7 May 1998, in which it:
Principal Administrator, has given a judgment on 5 May
1998, in which it:
                                                                     1. Declares that by adopting the Decree of 9 November
                                                                          1993 of the Government of the Region of
1. Annuls the judgment of the Court of First Instance of                  Metropolitan Brussels concerning standards of quality
     24 September 1996 in Case T-509/93 Richco v.                         and safety in furnished accommodation without first
     Commission inasmuch as it dismisses as inadmissible                  communicating it to the Commission in draft form,
     the action for annulment brought by Glencore Grain                   the Kingdom of Belgium has failed to fulfil its
     Ltd, formerly trading as Richco Commodities Ltd.                     obligations under the first subparagraph of Article 8(1)
                                                                          of Council Directive 83/189/EEC of 28 March 1983
                                                                          laying down a procedure for the provision of
                                                                          information in the field of technical standards and
2. Refers the case back to the Court of First Instance for                regulations, as amended by Council Directive (88/182/
     judgment on the substance.                                           EEC) of 22 March 1988.
3. Reserves costs.                                                   2. Orders the Kingdom of Belgium to pay the costs.
(1) OJ C 74 of 8.3.1997.                                             (1) OJ C 166 of 31.5.1997.