CELEX: C2001/173/37
Language: en
Date: 2001-06-16 00:00:00
Title: Order of the Court (Second Chamber) of 26 October 2000 in Case C-447/98 P: Molkerei Grossbraunshain GmbH and Bene Nahrungsmittel GmbH v Commission of the European Communities (Community protection of designations of origin — Commission Regulation registering the designation "Altenburger Ziegenkäse" — Application for annulment — Inadmissibility — Appeal manifestly ill-founded)

C 173/22                 EN                       Official Journal of the European Communities                                          16.6.2001
1.    Declares that,                                                         (J. L. Iglesias Buhigues and U. Wölker, assisted by B. Wägen-
                                                                             baur), supported by the French Republic (K. Rispal-Bellanger
      —     by failing to take all the measures necessary to ensure          and C. Vasak), Freistaat Thüringen, represented by
            that, within 10 years of the notification of Council             G. M. Berrisch, of the Brussels Bar, with an address for service
            Directive 76/160/EEC of 8 December 1975 concerning               in Luxembourg at the Chambers of G. Harles, 8-10 Rue
            the quality of bathing water, the quality of bathing water       Mathias Hardt and Molkerei und Weichkäserei K-H. Zimmer-
            conformed to the limit values set in accordance with the         mann GmbH, established in Falkenhain, (Germany), represent-
            directive, contrary to Article 4(1) thereof;                     ed by P. Lotze and S. Lehr, of the Brussels Bar, with an address
                                                                             for service in Luxembourg at the Chambers of R. Faltz, 6 Rue
      —     by failing to carry out sampling operations in line with         Heinrich Heine, the Court (Second Chamber), composed of
            the minimum frequency laid down in the Annex to                  V.Skouris, President of the Chamber, R. Schintgen (Rapporteur)
            Directive 76/160 in respect of inland bathing waters,            and N. Colneric, Judges; P. Léger, Advocate General, R. Grass,
            contrary to Article 6(1), and                                    Registrar, made an order on 26 October 2000 the operative
                                                                             part of which is as follows:
      —     by failing to carry out sampling operations for the ‘total
            coliform’ parameter,
                                                                             1.     The appeal is dismissed;
      the French Republic has failed to fulfil its obligations under
      Articles 3, 4, 5 and 6 of Directive 76/160;                            2.     Molkerei Grossbraunshain GmbH and Bene Nahrungsmittel
                                                                                    GmbH are ordered to pay the costs;
2.    Orders the French Republic to pay the costs.
                                                                             3.     The French Republic and the Freistaat Thüringen shall bear
(1) OJ C 176 of 24.6.2000.
                                                                                    their own costs.
                                                                             (1) OJ C 33 of 6 February 1999.
                     ORDER OF THE COURT
                         (Second Chamber)
                         of 26 October 2000
in Case C-447/98 P: Molkerei Grossbraunshain GmbH                                                 ORDER OF THE COURT
and Bene Nahrungsmittel GmbH v Commission of the
                    European Communities (1)
                                                                                                        (Third Chamber)
(Community protection of designations of origin — Com-
mission Regulation registering the designation ‘Altenburger
                                                                                                     of 15 December 2000
Ziegenkäse’ — Application for annulment — Inadmissibility
                — Appeal manifestly ill-founded)
                                                                             in Case C-86/98 (reference for a preliminary ruling from
                           (2001/C 173/37)                                   the Consiglio di Stato): Questore Macerata v Claudio
                                                                                                            Peroni (1)
                    (Language of the case: German)
                                                                             (Article 104(3) of the Rules of Procedure — Question
                                                                             identical to a question on which the Court has already ruled)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                                                         (2001/C 173/38)
In Case C-447/98 P, Molkerei Grossbraunshain GmbH, and
Bene Nahrungsmittel GmbH, both established in Altenburg
(Germany), represented by M. Lochschelder and T. Klingbell,                                       (Language of the case: Italian)
of the Cologne Bar, with an address for service in Luxembourg
at the Chambers of M. Loesch, 4 rue Carlo Hemmer — appeal
against the order of the Court of First Instance of the European             (Provisional translation; the definitive translation will be published
Communities (Second Chamber) of 15 September 1998 in                                             in the European Court Reports)
Case T-109/97 Molkerei Grossbraunshain GmbH and Bene
Nahrungsmittel GmbH v Commission [1998] ECR II-3533,
seeking to have that order set aside, the other parties to the               In Case C-86/98: reference to the Court under Article 177 of
proceedings being: Commission of the European Communities                    the EC Treaty (now Article 234 EC) from the the Consiglio di