CELEX: C1999/071/29
Language: en
Date: 1999-03-13 00:00:00
Title: Reference for a preliminary ruling from the Tribunal de Commerce, Brussels, by judgment of that court of 28 December 1998 in the case of Cidrerie Ruwet SA v Cidre Stassen SA and H. P. Bulmer Ltd, a company under English law (Case C-3/99)

13.3.1999             EN                Official Journal of the European Communities                                    C 71/17
        12-month period apply irrespective of whether the               Annex III, taking account of the fact that this may,
        security provided by the manufacturer Ð possibly                and in this case does, give rise to differences between
        on account of a knowingly false undertaking by                  the various national laws, with the result that by this
        the party referred to in Question 1 Ð has been                  means the Member States which limit the range of
        released?                                                       containers, like Belgium which limits the range of
                                                                        containers for cider, have at their disposal a measure
                                                                        whose purpose or effect is to restrict the free
    (b) Is it still possible to require payment by the                  movement of goods?
        purchaser of 105 % of the highest production
        refund applicable to the product in question
        during the previous 12-month period if it can no
        longer be determined whether the purchaser gave            2. Having regard to the principle of the free movement
        an undertaking, but it is clear that processing into            of goods, does Directive 75/106/EEC allow Member
        a product other than one listed in Annex I has not              States to implement the directive in such a way that
        taken place or been proved on the part of either                the national legislation prohibits the marketing of
        the purchaser or a subsequent purchaser?                        containers of a quantity not listed in Annex III to the
                                                                        directive, in this case the 33 cl container for the
                                                                        marketing of cider?
3. If the answers to Question 2 are in the affirmative:
                                                                   (1) OJ L 42, 15.2.1975, p. 1.
                                                                   (2) OJ L 308, 4.12.1979, p. 25.
    As from what point in time is the previous 12-month
    period' in the second sentence of Article 7(5) of
    Regulation (EEC) No 2169/86 to be calculated?
(1) OJ L 189, 11.7.1986, p. 12.
                                                                   Reference for a preliminary ruling from the French
                                                                   Conseil d'EÂtat by order of that court of 11 December
                                                                   1998 in the case of Association Greenpeace France,
                                                                   ConfeÂdeÂration Paysanne, Association Ecoropa France and
Reference for a preliminary ruling from the Tribunal de            EÂtienne Vernet, Association Les Amis de la Terre, Lucien
Commerce, Brussels, by judgment of that court of                   Cabanne, SteÂphan Carbonnaux and Guillaume Castaing v
28 December 1998 in the case of Cidrerie Ruwet SA v                French State, in the presence of Novartis Seeds SA and
                                                                                       Monsanto Europe SA
Cidre Stassen SA and H. P. Bulmer Ltd, a company under
                          English law                                                       (Case C-6/99)
                        (Case C-3/99)
                                                                                           (1999/C 71/30)
                       (1999/C 71/29)
                                                                   Reference has been made to the Court of Justice of the
Reference has been made to the Court of Justice of the             European Communities by an order of the French Conseil
European Communities by a judgment of the Tribunal de              d'EÂtat (Council of State) of 11 December 1998, which was
Commerce (Commercial Court), Brussels, of 28 December              received at the Court Registry on 13 January 1999, for a
1998, which was received at the Court Registry on                  preliminary ruling in the case of Association Greenpeace
7 January 1999, for a preliminary ruling in the case of            France, ConfeÂdeÂration Paysanne, Association Ecoropa
Cidrerie Ruwet SA v Cidre Stassen SA and H. P. Bulmer              France and EÂtienne Vernet, Association Les Amis de la
Ltd, a company under English law, on the following                 Terre, Lucien Cabanne, SteÂphan Carbonnaux and
questions:                                                         Guillaume Castaing v French State, in the presence of
                                                                   Novartis Seeds SA and Monsanto Europe SA, on the
                                                                   following questions:
1. Does Article 30 of the EC Treaty preclude Council
    Directive 75/106/EEC (1) of 19 December 1974 on the
    approximation of the laws of the Member States
    relating to the making-up by volume of certain                 (1) Must the provisions of Council Directive 90/220/EEC
    prepackaged liquids, as amended by Directive                        of 23 April 1990 (1) be interpreted as meaning that if,
    79/1005/EEC (2), which provides for a transitional                  after an application to place a genetically modified
    period, from allowing Member States, even today,                    organism on the market has been forwarded to the
    some twenty years later and even though during that                 Commission of the European Communities, no
    period of time habits have changed and the 33 cl                    Member State has raised an objection as provided for
    container has become popular and widely used all                    in Article 13(2) of Directive 90/220/EEC, or if the
    over the world, to authorise or not, as they wish, the              Commission of the European Communities has taken
    marketing of containers other than those listed in                  a favourable decision' pursuant to Article 13(4), the