CELEX: C1998/312/08
Language: en
Date: 1998-10-10 00:00:00
Title: Reference for a preliminary ruling by the College van Beroep voor het Bedrijfsleven in the case of K. V. S. International BV v. Minister van Landbouw, Natuurbeheer en Visserij (Case C-301/98)

C 312/4                EN                   Official Journal of the European Communities                                    10.10.98
Pleas in law and main arguments adduced in support:                         to a semen collection centre as laid down in
                                                                            paragraph 1(b) of Chapter I of Annex B to Directive
Infringement of Community law, and in particular:                           88/407/EEC?
                                                                       If the answer to question 1 is affirmative:
Ð disregard of the case-law of the Court of Justice with
     regard to reinstatement following the termination of a
     period of leave on personal grounds: according to the             2. Should the transitional rule set out in Article 20 of
     Court of Justice, an institution is not obliged to                     Directive 88/407/EEC be construed as meaning that it
     reinstate an official on the first occasion that the                   is applicable by analogy to semen which was collected
     requirements of Article 40 of the Staff Regulations are                and processed prior to 1 July 1994?
     fulfilled if the official's conduct is such as to cast
     doubt on the seriousness of his intention to make                 If the answer to question 1 is affirmative and the answer
     himself available to the institution (2). The Court of            to question 2 negative:
     First Instance wrongly allowed itself to be guided by
     its own interpretation of Article 40(4)(d) of the Staff           3. Is Directive 93/60/EEC invalid as being contrary to
     Regulations of Officials (3), with the result that it made             general principles of law, in particular the principle of
     incomplete findings of fact and declined to accept                     the protection of legitimate expectations and the
     material evidence,                                                     principle of proportionality, in so far as that Directive
                                                                            does not provide for transitional measures to counter
Ð disregard of the case-law of the Court of Justice with                    obstacles to intra-Community trade in the semen of
     regard to non-contractual liability: the Court of First                bulls which had already, in accordance with the
     Instance failed to take into account the extent to                     provisions then in force, been admitted to an approved
     which the respondent contributed to the delay in his                   semen collection centre before Directive 93/60/EEC
     reinstatement.                                                         was adopted?
(1) OJ C 234, 25.7.1998, p. 25.                                        If the answer to question 1 is negative:
(2) Judgment of the Court of Justice of 27 October 1977 in
    Joined Cases 126/75, 34/96 and 92/96 Giry v. Commission            4. The provision in Article 1(8) of Directive 93/60/EEC
    [1977] ECR 1937, paragraphs 7 and 20.
                                                                            amended the second subparagraph of paragraph 1(b)
(3) Judgment of the Court of First Instance of 1 July 1993 in Case
    T-40/90 Giordani v. Commission [1993] ECR II-721.
                                                                            of Chapter I of Annex B to Directive 88/407/EEC
                                                                            (The animals may not previously have been kept in
                                                                            other herds of a lower status') to read The animals
                                                                            may not previously have been kept in one or more
                                                                            herds of a lower status'. Must this amendment be
                                                                            construed as being exclusively a clarification or as a
                                                                            substantive amendment to the requirements applying
Reference for a preliminary ruling by the College van                       in regard to the admission of bovine animals to an
Beroep voor het Bedrijfsleven in the case of K. V. S.                       approved semen collection centre?
International BV v. Minister van Landbouw, Natuurbeheer
                           en Visserij                                 (1) OJ L 194, 22.7.1988, p. 10.
                        (Case C-301/98)                                (2) OJ L 186, 28.7.1993, p. 28.
                         (98/C 312/08)
Reference has been made to the Court of Justice of the
European Communities by decision of 17 July 1998 from
the College van Beroep voor het Bedrijfsleven                          Appeal brought on 4 August 1998 by David T. Keeling
(Administrative Court for Trade and Industry), which was               against the order made on 8 June 1998 by the Third
received at the Court Registry on 31 July 1998, for a                  Chamber of the Court of First Instance of the European
preliminary ruling in the case of K. V. S. International BV            Communities in Case T-148/97 (1) between David T.
v. Minister van Landbouw, Natuurbeheer en Visserij                     Keeling and the Office for Harmonisation in the Internal
(Minister for Agriculture, Nature Management and                                     Market (Trade Marks and Designs)
Fisheries) on the following questions:                                                       (Case C-305/98 P)
                                                                                               (98/C 312/09)
1. Must Article 3(b) of Directive 88/407/EEC (1) be
     construed as meaning that semen from a bull which
     was admitted to an approved semen collection centre               An appeal against the order made on 8 June 1998 by the
     before the adoption of amending Directive 93/60/                  Third Chamber of the Court of First Instance of the
     EEC (2) on the ground that it satisfied the admission             European Communities in Case T-148/97 between David
     requirements in force at that time does not (any                  T. Keeling and the Office for Harmonisation in the
     longer) satisfy the condition set out in Article 3(b) of          Internal Market (Trade Marks and Designs), was brought
     the Directive if the animal in question fails, at the time        before the Court of Justice of the European Communities
     when certification of the semen is applied for, to                on 4 August 1998 by David T. Keeling, of Alicante, Spain,
     satisfy the amended requirement governing admission               represented by Professor A. A. Dashwood, instructed by