CELEX: C1999/071/02
Language: en
Date: 1999-03-13 00:00:00
Title: JUDGMENT OF THE COURT of 19 January 1999 in Case C-245/95 P-INT: NSK Ltd and Others, the other parties to the proceedings being: Commission of the European Communities and others (Appeal - Dumping - Ball bearings originating in Japan - Interpretation)

C 71/2               EN                  Official Journal of the European Communities                                13.3.1999
              JUDGMENT OF THE COURT                                     ordered to pay the costs of the appeal, including those
                                                                        relating to the intervention by NSK Ltd, NSK Bearings
                     of 19 January 1999
                                                                        Europe Ltd, NSK-RHP France SA, NSK-RHP UK
in Case C-245/95 P-INT: NSK Ltd and Others, the other                   Ltd, NSK-RHP Deutschland GmbH, NSK-RHP Italia
parties to the proceedings being: Commission of the                     SpA, NSK-RHP Nederland BV, NSK-RHP European
            European Communities and others (1)                         Distribution Centre BV and NSK-RHP Iberica SA.
(Appeal Ð Dumping Ð Ball bearings originating in Japan
                      Ð Interpretation)
                                                                    2. The Commission is ordered to pay the costs of this
                       (1999/C 71/02)                                   application.
               (Language of the case: English)
                                                                    3. The original of this judgment shall be appended to the
                                                                        original of the judgment interpreted. This judgment
In Case C-245/95 P-INT: NSK Ltd, a company                              shall be mentioned in the margin of the original of the
incorporated under Japanese law, whose registered office                judgment interpreted.
is in Tokyo (Japan), and eight of its European subsidiaries,
NSK Bearings Europe Ltd, a company incorporated under
                                                                    (1) OJ C 229, 2.9.1995.
English law, whose registered office is in London,                      OJ C 94, 28.3.1998.
NSK-RHP France SA, a company incorporated under
French law, whose registered office is in Guyancourt
(France), NSK-RHP UK Ltd, a company incorporated
under English law, whose registered office is in
Ruddington (United Kingdom), NSK-RHP Deutschland
GmbH, a company incorporated under German law,
whose registered office is in Ratingen (Germany),
NSK-RHP Italia SpA, a company incorporated under                                     ORDER OF THE COURT
Italian law, whose registered office is in Milan (Italy),
NSK-RHP Nederland BV, a company incorporated under                                        (Fourth Chamber)
Netherlands law, whose registered office is in Amstelveen
(Netherlands), NSK-RHP European Distribution Centre                                     of 12 November 1998
BV, a company incorporated under Netherlands law,                   in Case C-194/98 (reference for a preliminary ruling from
whose registered office is in Amstelveen (Netherlands),             the Oberlandesgericht Köln): Generalstaatsanwaltschaft v
and NSK-RHP Iberica SA, a company incorporated under                                     Eckard Pörschke (1)
Spanish law, whose registered office is in Barcelona
(Spain), all represented by David Vaughan QC, instructed            (Application for interpretation of an agreement concluded
by Robin Griffith, Solicitor, 200 Aldersgate Street, London         between certain Member States and Article 8 of Directive
EC1A 4JJ Ð application for interpretation of the second                   93/89/EEC Ð Lack of jurisdiction of the Court)
point of the operative part of the judgment of 10 February
1998 in Case C-245/95 P Commission v NTN and Koyo                                           (1999/C 71/03)
Seiko [1998] ECR I-401, the other parties to the
proceedings being: Commission of the European
Communities (Agents: Eric White and Nicholas Khan),
                                                                                  (Language of the case: German)
NTN Corporation, a company incorporated under
Japanese law, whose registered office is in Osaka (Japan),
Koyo Seiko Co. Ltd, a company incorporated under
Japanese law, whose registered office is in Osaka (Japan),          In Case C-194/98: reference to the Court under Article 177
Council of the European Union, and Federation of                    of the EC Treaty from the Oberlandesgericht Köln
European Bearing Manufacturers' Associations, whose                 (Germany) for a preliminary ruling in the proceedings
registered office is in Frankfurt-am-Main (Germany) Ð               pending before that court between Generalstaatsanwalt-
the Court, composed of: G. C. Rodríguez Iglesias,                   schaft and Eckard Pörschke on the interpretation of
President, P. J. G. Kapteyn, J.-P. Puissochet, G. Hirsch and        Article 8(1) of the Agreement of 9 February 1994 on the
P. Jann (Presidents of Chambers), G. F. Mancini, J. C.              levying of charges for the use of certain roads by heavy
Moitinho de Almeida, C. Gulmann, J. L. Murray, D. A. O.             commercial vehicles, concluded between the Governments
Edward, H. Ragnemalm (Rapporteur), L. Sevón and M.                  of the Federal Republic of Germany, the Kingdom of
Wathelet, Judges; P. LeÂger, Advocate General; R. Grass,            Belgium, the Kingdom of Denmark, the Grand Duchy of
Registrar, has given a judgment on 19 January 1999, in              Luxembourg and the Kingdom of the Netherlands
which it declares:                                                  (Bundesgesetzblatt 1994, Part II, p. 1768) Ð the Court
                                                                    (Fourth Chamber), composed of P. J. G. Kapteyn
                                                                    (Rapporteur), President of the Chamber, J. L. Murray and
1. Point 2 of the operative part of the judgment of                 H. Ragnemalm, Judges; D. Ruiz-Jarabo Colomer,
     10 February 1998, Commission v NTN and Koyo                    Advocate General; R. Grass, Registrar, has made an order
     Seiko (C-245/95 P), is to be interpreted to the effect         on 12 November 1998, the operative part of which is as
     that the Commission of the European Communities is             follows: