CELEX: C1997/387/03
Language: en
Date: 1997-12-20 00:00:00
Title: JUDGMENT OF THE COURT of 23 October 1997 in Case C-159/94: Commission of the European Communities, supported by United Kingdom of Great Britain and Northern Ireland v. French Republic, supported by Ireland (Failure of a Member State to fulfil its obligatons - Exclusive rights to import and export gas and electricity)

C 387/2                                    Official Journal of the European Communities                                     20 . 12 . 97
Buckley, assisted by John D. Cooke and Jennifer Payne ) —             37 of the EC Treaty — the Court, composed of: G. C.
application for a declaration that, by establishing and               Rodriguez Iglesias, President, C. Gulmann, H.
maintaining, as against the other Member States, as part              Ragnemalm, M. Wathelet ( Presidents of Chambers ), G. F.
of a national monopoly of a commercial character,                     Mancini, J. C. Moitinho de Almeida , P. J. G. Kapteyn, J. L.
exclusive import and export rights in the electricity                 Murray, D. A. O. Edward ( Rapporteur), J. -P. Puissochet,
industry, the Italian Republic has failed to fulfil its               G. Hirsch, P. Jann and L. Sevón, Judges; G. Cosmas,
obligations under Articles 30 , 34 and 37 of the EC Treaty            Advocate General; H. von Holstein, Deputy Registrar,
— the Court, composed of: G. C. Rodriguez Iglesias,                   D. Louterman-Hubeau, Principal Administrator, for the
President, C. Gulmann, H. Ragnemalm, M. Wathelet                      Registrar, has given a judgment on 23 October 1997, in
( Presidents of Chambers ), G. F. Mancini, J. C. Moitinho             which it :
de Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O.
Edward ( Rapporteur ), J. -P. Puissochet, G. Hirsch, P. Jann
and L. Sevón, Judges; G. Cosmas, Advocate General ; H.                1 . dismisses the application;
von Holstein, Deputy Registrar, D. Louterman-Hubeau,
Principal Administrator, for the Registrar, has given a
judgment on 23 October 1997, in which it:                             2 . orders the Commission of the European Communities
                                                                           to pay the costs;
1 . dismisses the application;
                                                                      3 . orders the United Kingdom of Great Britain and
                                                                           Northern Ireland, and Ireland, as interveners, to bear
2 . orders the Commission of the European Communities                      their own costs .
     to pay the costs;
                                                                      (') OJ C 202 , 23 . 7. 1994 .
3 . orders the United Kingdom of Great Britain and
     Northern Ireland, the French Republic and Ireland, as
     interveners, to bear their own costs .
(') OJ C 202 , 23 . 7. 1994 .
                                                                                     JUDGMENT OF THE COURT
                                                                                                ( Sixth Chamber )
                                                                                              of 23 October 1997
                                                                      in Case C- 15 0/95 : Portuguese Republic v. Commission of
               JUDGMENT OF THE COURT                                  the European Communities supported by the Council of
                        of 23 October 1997                                                  the European Union (')
in Case C-159/94: Commission               of the European            (Common agricultural policy — Regulation (EC)
Communities, supported by United           Kingdom of Great           No 307/95 — Oil seeds — Final regional reference
Britain and Northern Ireland v.              French Republic,         amounts — Exclusion of Portuguese producers from the
                      supported by Ireland (')                        benefit of compensatory adjustments for overshoots and
                                                                      non-utilization in the Community as a whole — Action
 (Failure of a Member State to fulfil its obligatons —                                            for annulment)
  Exclusive rights to import and export gas and electricity)
                                                                                                   ( 97/C 387/04 )
                           ( 97/C 387/03 )
                 (Language of the case: French)                                     (Language of the case: Portuguese)
   (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-159/94 :      Commission    of  the   European        In Case C-150/95 : Portuguese Republic ( Counsel :
 Communities ( Agents : Richard B. Wainwright and                     Professor João Mota de Campos, Agent: Luis Fernandes )
 Hendrik van Lier ), supported by United Kingdom of Great             v. Commission of the European Communities ( Agents:
 Britain and Northern Ireland ( Agent: Lindsey Nicoll,                Antonio Caeiro and Gerard Rozet ), supported by the
 assisted by David Anderson ) v. French Republic ( Agents:            Council of the European Union (Agents : Jan-Peter Hix
 Catherine de Salins and Jean-Marc Belorgey ), supported              and Paulo Borges ) — application for the annulment of
 by Ireland ( Agent: Michael A. Buckley, assisted by John             Commission Regulation ( EC ) No 307/95 of 14 February
 D. Cooke and Jennifer Payne ) — application for a                     1995 establishing corrected final regional reference
 declaration that, by establishing exclusive import and               amounts for producers of soya beans, rape seed, colza
 export rights for gas and electricity, the French Republic           seed and sunflower seed for the 1994/95 marketing year
 has failed to fulfil its obligations under Articles 30, 34 and        ( OJ 1995 L 36 , p. 2 ), in so far as it reduces by 20% the