CELEX: C1996/180/27
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT of 30 April 1996 in Case C-58/94: Kingdom of the Netherlands v. Council of the European Union (Action for annulment - Rules on public access to Council documents)

No C 180/ 14              EN                     Official Journal of the European Communities                                   22 . 6 . 96
      prior to that date, initiated proceedings or raised an                              JUDGMENT OF THE COURT
      equivalent claim.                                                                             ( Sixth Chamber)
(M OJ No C 196 , 20 . 7 . 1993 .
                                                                                                     of 2 May 1996
                                                                            in Case C- 1 8/94 ( reference to the Court for a preliminary
                                                                            ruling from the High Court ofJustice of England and Wales,
                                                                            Queen's Bench Division ): Barbara Hopkins and Others v.
                                                                            National Power pic, Powergen pic, third party: British Coal
                                                                                                      Corporation ( 1 )
               JUDGMENT OF THE COURT                                        (ECSC Treaty — Discrimination between producers —
                           of 30 April 1996                                 Application of Articles 4 and 63 of the Treaty — Direct
in Case C-58/94 : Kingdom of the Netherlands v. Council of                  effect — EC Treaty — Abuse of dominant position —
                       the European Union (')                               Article 86 of the Treaty — Compensation for damage
                                                                            resulting from infringement of those provisions — Powers
 (Action for annulment — Rules on public access to Council                         of the Commission and of the national court)
                               documents)
                                                                                                      ( 96/C 180/28 )
                             ( 96/C 180/27 )
                (Language of tbe case: Dutch)
                                                                                           (Language of the case: English)
(Provisional translation; the definitive translation will be
          published in the European Court Reports)
In Case C-58/94 : Kingdom of the Netherlands ( Agents : A.                  In Case C- 1 8/94 , reference to the Court by the High Court
Bos and J. W. de Zwaan ), supported by the European                         of Justice of England and Wales, Queen's Bench Division,
Parliament ( Agents : G. Garzón Clariana , C. Pennera and E.                for a preliminary ruling under Article 177 of the EC Treaty
Vandenbosch ) v. Council of the European Union ( Agents :                   and Article 41 of the ECSC Treaty in the proceedings
J. -P. Jacqué and G. Houttuin ), supported by the                           pending before that court between Barbara Hopkins and
Commission of the European Communities ( Agents : P.                        Others v. National Power pic, Powergen pic, third party:
Vaan Nuffel and S. Van Raepenbusch ) and the French                         British Coal Corporation — on the interpretation of
Republic ( Agents : C. de Salins and H. Renié ) — application               Articles 4 and 63 of the ECSC Treaty and Article 86 of the
for the annulment of Council Decision 93/73 1 /EC of                        EC Treaty — the Court ( Sixth Chamber ) composed of C. N.
20 December 1993 on public access to Council documents                      Kakouris , President of the Chamber, G. Hirsch, G. F.
( OJ No L 340, 1993 , p . 43 ), Article 22 of the Rules of                  Mancini ( Rapporteur ), F. A. Schockweiler and P. J. G.
Procedure of the Council as amended by Council Decision                     Kapteyn, Judges, Advocate-General : N. Fennelly, Registrar:
93/662/EC of 6 December 1993 ( OJ No L 304, 1993 , p . 1 )                  L. Hewlett, Administrator, gave a judgment on 2 May 1 996 ,
and the Code of Conduct ( 93/730/EC ) concerning public                     the operative part of which is as follows :
access to Council and Commission documents ( OJ No
L 340, 1 993 , p . 4 1 ) in so far as that act is to be regarded as an
act having legal effects — the Court, composed of G. C.
Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.                     1 . The provisions of the ECSC Treaty, and in particular
Edward, J. -P. Puissochet and G. Hirsch ( Presidents of                         Articles 4 (b) and 63 (1 ) thereof, constitute the legal
Chambers ), G. F. Mancini , F. A. Schockweiler, J. C.                           framework for dealing with discrimination practised by
Moitinho de Almeida ( Rapporteur ), P. J. G. Kapteyn,                           purchasers against producers as regards price, volume
C. Gulmann, J. L. Murray, P. Jann, H. Ragnemalm, L. Sevón                       and other terms and conditions for the purchase of
and M. Wathelet, Judges; G. Tesauro, Advocate-General;                          coal.
H. A. Rühl , Principal Administrator, for the Registrar, gave
a judgment on 30 April 1996 , the operative part of which is
as follows :
                                                                           2 . Articles 4 (b) and 63 (1 ) of the ECSC Treaty do not
I. The application is dismissed.                                                create rights which individuals may rely on directly
                                                                                before national courts. However, wherever the
2 . The Kingdom of the Netherlands is ordered to pay the                        provisions ofa recommendation based on Article 63 (1 )
     costs .
                                                                                appear, as regards their subject-matter, to be
                                                                                unconditional and sufficiently precise, those provisions
                                                                                may be relied upon directly by individuals before the
3 . The French Republic, the European Parliament and the                        national court.
     Commission of the European Communities are ordered
     to bear their own costs .
() OJ No C 90, 26. 3 . 1994.                                               3 Commission decisions based on Articles 65 and 66 (7) of
                                                                                the ECSC Treaty, which are binding in their entirety
                                                                                pursuant to Article 14 of the ECSC Treaty, are binding