CELEX: C1997/331/06
Language: en
Date: 1997-11-01 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 16 September 1997 in Case C-139/96: Commission of the European Communities v. Federal Republic of Germany (Failure of a State to fulfil obligations - Directives 93/48/EEC, 93/49/EEC and 93/61/EEC - Failure to transpose within the period prescribed)

1 . 11 . 97              EN                  Official Journal of the European Communities                                      C 331 /3
               JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                          (First Chamber)                                                       ( Sixth Chamber)
                       of 16 September 1997                                                 of 16 September 1997
in Case C-362/95 P: Blackspur DIY Ltd, a company                              in Case C-139/96: Commission of the European
incorporated under the law of England and Wales, Steven                       Communities v. Federal Republic of Germany ( l )
Kellar, J. M. A. Glancy and Ronald Cohen v. Council of
the European Union and Commission of the European                       (Failure of a State to fulfil obligations — Directives 93/
                          Communities (')                               48/EEC,     93/49/EEC and 93/61/EEC — Failure to
                                                                                   transpose within the period prescribed)
(Appeal — Non-contractual liability of the Community —
Causal link — Anti-dumping duties — Commission                                                    ( 97/C 331/06 )
Regulation (EEC) No 3052/88 and Council Regulation
                         (EEC) No 725/89)
                             ( 97/C 331/05 )                                            (Language of the case: German)
                (Language of the case: English)
                                                                          (Provisional translation; the definitive translation will be
                                                                                  published in the European Court Reports)
In Case C-362/95 P, Blackspur DIY Ltd, a company
incorporated under the law of England and Wales, with its
registered office at Unsworth, Bury (United Kingdom ),                  In Case C-139/96: Commission of the European
Steven Kellar, J. M. A. Glancy and Ronald Cohen residing                Communities (Agent: Klaus Dieter Borchardt) v. Federal
in Manchester (United Kingdom), represented by K. P. E.                 Republic of Germany (Agents : Ernst Röder, Bernd Kloke
Lasok QC, instructed by C. Khan, Solicitor, with an                     and Sabine Maass ) — application for a declaration that,
address for service in Luxembourg at the Chambers of M.                 by failing to take within the prescribed period the
Dennewald, 12 Avenue de la Porte Neuve, appeal against                  measures necessary to comply with Commission Directive
the judgment of the Court of First Instance of the                      93/48/EEC of 23 June 1993 setting out the schedule
European Communities ( First Chamber, Extended                          indicating the conditions to be met by fruit plant
Composition ) in Case T-168/94 Blackspur and Others v.                  propagating material and fruit plants intended for fruit
Council and Commission [ 1995] ECR 11-2627, seeking to                  production, pursuant to Council Directive 92/34/EEC (2),
have that judgment set aside and the case remitted to the               Commission Directive 93/49/EEC of 23 June 1993 setting
Court of First Instance, the other parties to the                       out the schedule indicating the conditions to be met by
proceedings being: Council of the European Union                        ornamental plant propagating material and ornamental
(Agents: Y. Crétien, assisted by H.-J. Rabe and M.                      plants pursuant to Council Directive 91/682/EEC ( 3 ) and
Berrisch and Commission of the European Communities                     Commission Directive 93/61 /EEC of 2 July 1993 setting
(Agent: N. Khan, assisted by H.-J. Rabe and M. Berrisch,                out the schedules indicating the conditions to be met by
— the Court ( First Chamber) composed of: L. Sevón,                     vegetable propagating and planting material, other than
President of the Chamber, D. A. O. Edward and M.                        seed pursuant to Council Directive 92/33/EEC (4), the
Wathelet (Rapporteur ), Judges; G. Tesauro, Advocate                    Federal Republic of Germany has failed to fulfil its
General; L. Hewlett, Administrator, gave a judgment on                  obligations under the EC Treaty and those directives —
 16 September 1997, in which it:                                        the Court ( Sixth Chamber), composed of: G. F. Mancini,
                                                                        President of the Chamber, J. L. Murray, C. N. Kakouris
                                                                        ( Rapporteur), P. J. G. Kapteyn and H. Ragnemalm,
                                                                        Judges; D. Ruiz-Jarabo Colomer, Advocate General; R.
 1 . dismisses the appeal;                                              Grass, Registrar, has given a judgment on 16 September
                                                                        1997, in which it:
2 . orders Blackspur DIY Ltd, Steven Kellar, J. M. A.
      Glancy and Ronald Cohen to bear their own costs and               1 . declares that, by failing to take within the prescribed
      to pay those of the Council and the Commission.                        period the measures necessary to comply with
 (') OJ C 16, 20 . 1 . 1996 .                                                — Commission Directive 93/48/EEC of 23 June 1993
                                                                                 setting out the schedule indicating the conditions
                                                                                 to be met by fruit plant propagating material and
                                                                                 fruit plants intended for fruit production, pursuant
                                                                                 to Council Directive 92/34/EEC,
 ---pagebreak--- C 331 /4                EN                   Official Journal of the European Communities                                          1 . 11 . 97
     — Commission Directive 93/49/EEC of 23 June 1993                   Ragnemalm and R. Schintgen, Judges; N. Fennelly,
         setting out the schedule indicating the conditions             Advocate General; H. A. Riihl, Principal Administrator,
         to be met by ornamental plant propagating                      for the Registrar, has given a judgment on 16 September
         material and ornamental plants pursuant to                     1997, in which it has ruled:
         Council Directive 91 /682/EEC and
                                                                        On a proper construction, Article 9 (2) (e), third indent,
     — Commission Directive 93/61 /EEC of 2 July 1993                   of the Sixth Council Directive 77/388/EEC of 17 May
         setting out the schedules indicating the conditions            1977 on the harmonization of the laws of the Member
         to be met by vegetable propagating and planting                States relating to turnover taxes — Common system of
         material, other than seed pursuant to Council                  value added tax: uniform basis of assessment does not
         Directive 92/33/EEC,
                                                                        refer to the services of a member of an arbitration
                                                                        tribunal.
     the Federal Republic of Germany has failed to comply
     with its obligations under the first subparagraph of               (') OJ C 197, 6 . 7. 1996 .
     Article 10 (1 ) of Directive 93/48/EEC, the first                  ( 2 ) OJ L 145 , 13 . 6 . 1977, p . 1 .
     subparagraph of Article 8 (1 ) of Directive 93/49/EEC
     and the first subparagraph of Article 7 (1 ) of Directive
     93/61 /EEC.
2 . orders the Federal Republic of Germany to pay the
     costs .                                                                             JUDGMENT OF THE COURT
                                                                                                     (Fifth Chamber)
(') OJ C 197, 6 . 7. 1996 .
(2) OJ L 250, 7.  10 . 1993 , p . 1 .                                                             of 17 September 1997
(3) OJ L 250, 7.  10 . 1993 , p . 9 .
(4) OJ L 250 , 7. 10 . 1993 , p . 19 .                                  in Case C-322/95 (reference for a preliminary ruling from
                                                                        the Pretura Circondariale di Roma): Emanuele Iurlaro v.
                                                                              Istituto Nazionale della Previdenza Sociale (INPS) (')
                                                                        (Regulations (EEC) Nos 1408/71 and 574/72 — Invalidity
                                                                        benefits — Acquisition of entitlement to benefit —
                                                                        Reference period — Taking into account of periods of
               JUDGMENT OF THE COURT                                                 unemployment in another Member State)
                          ( Sixth Chamber)                                                            ( 97/C 331 /08 )
                       of 16 September 1997
                                                                                           (Language of the case: Italian)
in Case C-145/96 ( reference for a preliminary ruling
from the Finanzgericht Rheinland-Pfalz, Neustadt an der
  Weinstrasse): Bernd von Hoffmann v. Finanzamt Trier (')                  (Provisional translation; the definitive translation will be
(Sixth VAT Directive — Interpretation of Article 9 (2) (e),                         published in the European Court Reports)
third indent — Services of an arbitrator — Place where
                       services are supplied)                           In Case C-322/95 : reference to the Court under Article 177
                            ( 97/C 331 /07 )                            of the EC Treaty by the Pretura Circondariale di Roma for
                                                                        a preliminary ruling in the proceedings pending before
                                                                        that      court   between        Emanuele      Iurlaro and    Istituto
                (Language of the case: German)                          Nazionale della Previdenza Sociale (INPS ), on the
                                                                        interpretation of Article 9a of Regulation ( EEC ) No 1408/
                                                                        71 of the Council of 14 June 1971 on the application of
  (Provisional translation; the definitive translation will be
                                                                        social security schemes to employed persons, to self­
          published in the European Court Reports)
                                                                        employed persons and to members of their families
                                                                        moving within the Community (2 ), as amended and
In Case C-145/96 : reference to the Court under Article 177             updated by Council Regulation ( EEC ) No 2001 /83 of
of the EC Treaty from the Finanzgericht Rheinland-Pfalz                 2 June 1993 ( 3 ) and subsequently amended by Council
( Financial Court, Rhineland-Palatinate ), Neustadt an der              Regulation ( EEC ) No 2332/89 of 18 July 1989 (4 ), and of
Weinstrasse ( Germany), for a preliminary ruling in the                 Article 15 of Regulation ( EEC ) No 574/72 of the Council
proceedings pending before that court between Bernd von                 of 21 March 1972 laying down the procedure for
Hoffmann and Finanzamt Trier — on the interpretation of                 implementing Regulation ( EEC ) No 1408/71 ( 5 ), as
Article 9 ( 2 ) ( e ), third indent, of the Sixth Council               amended and updated by Regulation No 2001/83 , — the
Directive 77/388/EEC of 17 May 1977 on the                              Court ( Fifth Chamber) composed of: J. C. Moitinho de
harmonization of the laws of the Member States relating                 Almeida, ( Rapporteur), L. Sevon, D. A. O. Edward, P.
to turnover taxes — Common system of value added tax:                   Jann and M. Wathelet, Judges; Advocate General; P. Leger,
uniform basis of assessment ( 2 ) — the Court ( Sixth                   H. A. Riihl, Principal Administrator, gave a judgment on
Chamber), composed of: G. F. Mancini, President of the                   17 December 1997, the operative part of which is as
Chamber, C. N. Kakouris ( Rapporteur), G. Hirsch, H.                     follows :