CELEX: C2000/192/04
Language: en
Date: 2000-07-08 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 6 April 2000 in Case C-256/98: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora)

C 192/2                 EN                      Official Journal of the European Communities                                           8.7.2000
the proceedings being: Solvay SA, established in Brussels,                 as amended by Council Regulation (EEC) No 2082/93 of
Belgium, represented by L. Simont, Advocate at the Belgian                 20 July 1993 (OJ 1993 L 193, p. 20) — the Court (Sixth
Court of Cassation, by P.-A. Foriers and G. Block, of the                  Chamber), composed of: P.J.G. Kapteyn (Rapporteur), acting as
Brussels Bar, with an address for service in Luxembourg at the             President of the Sixth Chamber, G. Hirsch and H. Ragnemalm,
Chambers of Jacques Loesch, 11 Rue Goethe — the Court                      Judges; A. La Pergola, Advocate General; D. Louterman-
(Fifth Chamber), composed of: L. Sevón (Rapporteur), President            Hubeau, Principal Administrator, for the Registrar, has given a
of the First Chamber, acting for the President of the Fifth                judgment on 6 April 2000, in which it:
Chamber, P.J.G. Kapteyn, P. Jann, H. Ragnemalm and M. Wa-
thelet, Judges; N. Fennelly, Advocate General; L. Hewlett,                 1. Dismisses the action as inadmissible;
Administrator, for the Registrar, has given a judgment on
6 April 2000, in which it:                                                 2. Orders the Kingdom of Spain to pay the costs;
1. Dismisses the appeals;                                                  3. Orders the Italian Republic and the Portuguese Republic to bear
                                                                               their own costs.
2. Orders the Commission of the European Communities to pay the
     costs.
                                                                           (1) OJ C 72 of 7.3.1998.
(1) OJ C 286 of 28.10.1995.
                                                                                            JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT                                                               (Fifth Chamber)
                         (Sixth Chamber)                                                             of 6 April 2000
                          of 6 April 2000                                  in Case C-256/98: Commission of the European Communi-
                                                                                                ties v French Republic (1)
in Case C-443/97: Kingdom of Spain v Commission of the
                   European Communities (1)                                (Failure by a Member State to fulfil its obligations —
                                                                           Directive 92/43/EEC — Conservation of natural habitats
                                                                                             and of wild fauna and flora)
(Coordination of structural instruments — Internal Com-
        mission guidelines — Net financial corrections)
                                                                                                     (2000/C 192/04)
                          (2000/C 192/03)
                                                                                               (Language of the case: French)
                   (Language of the case: Spanish)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                          In Case C-256/98: Commission of the European Communities
                                                                           (Agents: P. Stancanelli and O. Couvert-Castéra) v French
In Case C-443/97: Kingdom of Spain, represented by R. Silva                Republic (Agents: K. Rispal-Bellanger and R. Nadal) — appli-
de Lapuerta, Abogado del Estado, acting as Agent, with an                  cation for a declaration that, by not adopting all the laws,
address for service in Luxembourg at the Spanish Embassy,                  regulations and administrative measures necessary to comply
4-6 Boulevard E. Servais, supported by Italian Republic (Agent:            with Council Directive 92/43/EEC of 21 May 1992 on the
U. Leanza, assisted by G. De Bellis), and Portuguese Republic,             conservation of natural habitats and of wild fauna and flora
(Agents: L. Fernandes and J. Viegas Ribeiro) v Commission                  (OJ 1992 L 206, p. 7), in that it has omitted to take the
of the European Communities (Agents: M. Dı́az-Llanos and                   measures necessary to comply with Article 6 thereof, the
P. Oliver) — application for the annulment of the Com-                     French Republic has failed to fulfil its obligations under that
mission’s internal guidelines of 15 October 1997 concerning                Directive and under the third paragraph of Article 189 of the
net financial corrections in the context of the application                EC Treaty (now the third paragraph of Article 249 EC) — the
of Article 24 of Council Regulation (EEC) No 4253/88 of                    Court (Fifth Chamber), composed of: D.A.O. Edward, President
19 December 1988 laying down provisions for implementing                   of the Chamber, J.C. Moitinho de Almeida, C. Gulmann (Rap-
Regulation (EEC) No 2052/88 as regards coordination of the                 porteur), J.-P. Puissochet and P. Jann, Judges; N. Fennelly,
activities of the different Structural Funds between themselves            Advocate General; D. Louterman-Hubeau, Administrator, for
and with the operations of the European Investment Bank and                the Registrar, has given a judgment on 6 April 2000, in which
the other existing financial instruments (OJ 1988 L 374, p. 1),            it:
 ---pagebreak--- 8.7.2000                   EN                     Official Journal of the European Communities                                            C 192/3
1. Declares that, by not adopting within the period prescribed all           1. Article 1 of Council Regulation (EC) No 3295/94 of
     the laws, regulations and administrative measures necessary to              22 December 1994 laying down measures to prohibit the release
     comply with Article 6(3) and (4) of Council Directive                       for free circulation, export, re-export or entry for a suspensive
     92/43/EEC of 21 May 1992 on the conservation of natural                     procedure of counterfeit and pirated goods is to be interpreted as
     habitats and of wild fauna and flora, the French Republic has               being applicable where goods of the type specified in Regulation
     failed to fulfil its obligations under that Directive;                      No 3295/94, imported from a non-member country, are, in the
                                                                                 course of their transit to another non-member country, tempor-
2. Dismisses the remainder of the action;                                        arily detained in a Member State by the customs authorities of
                                                                                 that State on the basis of that regulation and at the request of
3. Orders each of the parties to bear its own costs.                             the company which holds rights in respect of those goods which
                                                                                 it claims have been infringed and whose registered office is in a
                                                                                 non-member country.
(1) OJ C 278 of 5.9.1998.
                                                                             2. Consideration of the questions raised has revealed no factor of
                                                                                 such a kind as to affect the validity of Regulation No 3295/94.
                                                                             (1) OJ C 397 of 19.12.1998.
                   JUDGMENT OF THE COURT
                              (First Chamber)                                                 JUDGMENT OF THE COURT
                              of 6 April 2000                                                          (Sixth Chamber)
                                                                                                       of 13 April 2000
in Case C-383/98 (reference for a preliminary ruling from
the Oberster Gerichtshof): The Polo/Lauren Company LP                        in Case C-176/96 (reference for a preliminary ruling from
v PT. Dwidua Langgeng Pratama International Freight                          the Tribunal de Première Instance de Bruxelles): Jyri
                               Forwarders (1)                                Lehtonen and Castors Canada Dry Namur-Braine ASBL v
                                                                             Fédération Royale Belge des Sociétés de Basket-ball ASBL
(Common commercial policy — Regulation (EC) No 3295/94                                                     (FRBSB) (1)
— Prohibition of the release for free circulation, export, re-
export or entry for a suspensive procedure of counterfeit and                (Freedom of movement for workers — Competition rules
pirated goods — Whether applicable to goods in external                      applicable to undertakings — Professional basketball players
                            transit — Validity)                              — Sporting rules on the transfer of players from other
                                                                                                         Member States)
                             (2000/C 192/05)                                                            (2000/C 192/06)
                      (Language of the case: German)                                              (Language of the case: French)
                                                                             (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                      in the European Court Reports)
                                                                             In Case C-176/96: reference to the Court under Article 177 of
In Case C-383/98: reference to the Court under Article 177 of                the EC Treaty (now Article 234 EC) from the Tribunal de
the EC Treaty (now Article 234 EC) from the Oberster                         Première Instance (Court of First Instance), Brussels, for a
Gerichtshof (Supreme Court), Austria, for a preliminary ruling               preliminary ruling in the proceedings pending before that
in the proceedings pending before that court between The                     court between Jyri Lehtonen and Castors Canada Dry Namur-
Polo/Lauren Company LP and PT. Dwidua Langgeng Pratama                       Braine ASBL and Fédération Royale Belge des Sociétés de
International Freight Forwarders — on the interpretation of                  Basket-ball ASBL (FRBSB), intervener: Ligue Belge — Belgische
Council Regulation (EC) No 3295/94 of 22 December 1994                       Liga ASBL — on the interpretation of Articles 6, 48 of the EC
laying down measures to prohibit the release for free circu-                 Treaty (now, after amendment, Articles 12 EC and 39 EC), 85
lation, export, re-export or entry for a suspensive procedure of             and 86 of the EC Treaty (now Articles 81 EC and 82 EC)
counterfeit and pirated goods (OJ 1994 L 341, p. 8) — the                    — the Court (Sixth Chamber), composed of: R. Schintgen,
Court (First Chamber), composed of: L. Sevón, President of the              President of the Second Chamber, acting as President of the
Chamber, P. Jann and M. Wathelet (Rapporteur), Judges;                       Sixth Chamber, G. Hirsch and H. Ragnemalm (Rapporteur),
D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl, Princi-                 Judges; S. Alber, Advocate General; L. Hewlett, Administrator,
pal Administrator, for the Registrar, has given a judgment on                for the Registrar, has given a judgment on 13 April 2000, in
6 April 2000, in which it has ruled:                                         which it has ruled: