CELEX: C1997/295/07
Language: en
Date: 1997-09-27 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 17 July 1997 in Case C-219/95 P: Ferriere Nord SpA v. Commission of the European Communities (Competition - Infringement of Article 85 of the EEC Treaty)

27. 9 . 97             EN                  Official Journal of the European Communities                                      C 295/5
Beroep voor het Bedrijfsleven ( Administrative Court for              2 . orders the appellant to pay the costs.
Trade and Industry ) ( Netherlands ) for a preliminary ruling
in the proceedings pending before that court between                  H OJ C 208 , 12 . 8 . 1995 .
Affish BV and Rijksdienst voor de Keuring van Vee en
Vlees — on the validity of Commission Decision 95/119/
EC of 7 April 1995 concerning certain protective measures
with regard to fishery products originating in Japan ( OJ
L 80, 8 . 4. 1995, p. 56) — the Court, composed of: G. C.
Rodriguez Iglesias, President, J. L. Murray and L. Sevon
(Rapporteur), Presidents of Chambers, P. J. G. Kapteyn, C.                           JUDGMENT OF THE COURT
Gulmann, D. A. O. Edward, J. -P. Puissochet, G. Hirsch, P.
Jann, H. Ragnemalm and M. Wathelet, Judges; G.                                                ( Sixth Chamber)
Cosmas, Advocate-General; H. A. Riihl, Principal                                               of 17 July 1997
Administrator, for the Registrar, has given a judgment on
17 July 1997, in which it has ruled:                                  in Case C-242/95 (reference for a preliminary ruling from
                                                                      the Østre Landsret): GT-Link A/S v. De Danske Statsbaner
                                                                                                   (DSB ) O
Examination of Commission Decision 95/119/EC of
7 April 1995 concerning certain protective measures with              (Transport by sea — Harbour duties on shipping and
regard to fishery products originating in Japan has not               goods — Import surcharge — Abuse of a dominant
revealed any factor of such a kind as to affect its validity.                                      position)
                                                                                                ( 97/C 295/08 )
H OJ C 208 , 12 . 8 . 1995 .
                                                                                      (Language of the case: Danish)
                                                                        (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
               JUDGMENT OF THE COURT
                        ( Sixth Chamber)
                                                                      In Case C-242/95 : reference to the Court under Article 177
                         of 17 July 1997                              of the EC Treaty from the 0stre Landsret (Denmark ) for a
in Case C-2 19/95 P: Ferriere Nord SpA v. Commission of               preliminary ruling in the proceedings pending before that
                 the European Communities (')                         court between GT-Link A/S and De Danske Statsbaner
                                                                      ( DSB ) on the interpretation of Articles 9 to 13 , 84 , 86, 90
 (Competition — Infringement of Article 85 of the EEC                 and 95 of the EEC Treaty, the Court ( Sixth Chamber),
                               Treaty)                                composed of: G. E Mancini, President of the Chamber,
                          ( 97/C 295/07)                              J. L. Murray and P. J. G. Kapteyn ( Rapporteur), Judges;
                                                                      F. G. Jacobs, Advocate-General; H. von Holstein, Deputy
                                                                      Registrar, for the Registrar, gave a judgment on 17 July
                 (Language of the case: Italian)                       1997, in which it has ruled:
   (Provisional translation; the definitive translation will be
                                                                       1 . It is contrary to Article 95 of the EEC Treaty for a
          published in the European Court Reports)                         Member State to impose a 40% import surcharge on a
                                                                           general duty levied on goods loaded, unloaded, or
In Case C-219/95P: Ferriere Nord SpA, a company                            otherwise taken on board or landed within its ports or
incorporated under the laws of Italy, established in                       in the deep-water approach channels to its ports where
 Osoppo ( Italy), represented by Wilma Viscardini Dona, of                 goods are imported by ship from another Member
the Padua Bar, with an address for service in Luxembourg                   State.
 at the Chambers of Ernest Arendt, 8— 10 Rue Mathias
Hardt — appeal against the judgment of the Court of First
Instance ( First Chamber ) of 6 April 1995 in Case T-143/             2 . It is for the domestic legal order of each Member State
 89 Ferriere Nord v. Commission [ 1995] ECR 11-917,                        to lay down the detailed procedural rules, including
 seeking to have that judgment set aside, the other party to               those relating to the burden of proof, governing
the proceedings being Commission of the European                           actions for safeguarding rights which individuals
 Communities ( Agent: Enrico Traversa, assisted by Alberto                 derive from the direct effect of Article 86 of the
 Dal Ferro ) — the Court ( Sixth Chamber), composed of:                    Treaty, provided that such rules are not less favourable
 G. F. Mancini, President of the Chamber, J. L. Murray,                    than those governing similar domestic actions and do
 P. J. G. Kapteyn, G. Hirsch and H. Ragnemalm                              not render virtually impossible or excessively difficult
 ( Rapporteur), Judges; P. Leger, Advocate-General; R.                     the exercise of rights conferred by the Community
 Grass, Registrar, has given a judgment on 17 July 1997, in                legal order.
 which it:
                                                                       3 . Where a public undertaking that owns and operates a
 1 . dismisses the appeal;                                                 commercial port occupies a dominant position in a