CELEX: C1998/137/09
Language: en
Date: 1998-05-02 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 12 March 1998 in Case C-314/96 (reference for a preliminary ruling from the Tribunal des affaires de securité sociale, Evry): Ourdia Djabali v. Caisse d'allocations familiales de l'Essonne (EEC-Algeria Cooperation Agreement - Article 39(1) - Principle of non-discrimination in the field of social security - Disabled adults' allowance - Reference for a preliminary ruling)

2.5.98                 EN                  Official Journal of the European Communities                                      C 137/5
sugar following the introduction of the Combined                      Caisse d'allocations familiales de l'Essonne Ð on the
Nomenclature (3), and on the interpretation of Chapter 30             interpretation of Article 39(1) of the Cooperation
of the Combined Nomenclature, as established by Annex I               Agreement between the European Economic Community
to Council Regulation (EEC) No 2658/87 of 23 July 1987                and the People's Democratic Republic of Algeria, signed in
on the tariff and statistical nomenclature and on the                 Algiers on 26 April 1976 and approved on behalf of the
Common Customs Tariff (4) Ð the Court (Fourth                         Community by Council Regulation (EEC) No 2210/78 of
Chamber), composed of: R. Schintgen, President of the                 26 September 1978 (2) Ð the Court (Sixth Chamber),
Second Chamber, acting for the President of the Fourth                composed of: H. Ragnemalm, President of the Chamber,
Chamber, P. J. G. Kapteyn and J. L. Murray (Rapporteur),              R. Schintgen (Rapporteur) and G. F. Mancini, Judges; F. G.
Judges; M. B. Elmer, Advocate-General; L. Hewlett,                    Jacobs, Advocate-General; L. Hewlett, Administrator, for
Administrator, for the Registrar, has given a judgment on             the Registrar, has given a judgment on 12 March 1998, in
12 March 1998, in which it has ruled:                                 which it has ruled:
products consisting of ingredients identical to those                 There is no need to reply to the question referred.
contained in Sargenor, Dynamisan, Lysivit and Sarvit and
in the same proportions cannot be classified within                   (1) OJ C 370, 7.12.1996.
heading 3004 of the Combined Nomenclature as                          (2) OJ L 263, 27.9.1978, p. 1.
established in Annex I to Council Regulation (EEC)
No 2658/87 of 23 July 1987 on the tariff and statistical
nomenclature and on the Common Customs Tariff, and
consequently do not come within the scope of Council
Regulation (EEC) No 1010/86 of 25 March 1986 laying
down general rules for the production refund on certain
                                                                                        ORDER OF THE COURT
sugar products used in the chemical industry, as amended
by Article 9 of Commission Regulation (EEC) No 1714/                                         (First Chamber)
88 of 13 June 1988 amending certain regulations                                            of 5 December 1997
concerning the application of the common market
organisation for sugar following the introduction of the              in Case C-218/97 P: Council of the European Union v.
Combined Nomenclature.                                                           Ana Maria Fernandes Leite Mateus (1)
                                                                                     (Appeal manifestly inadmissible)
(1 ) OJ C 294, 5.10.1996.
(2 ) OJ L 94, 9.4.1986, p. 9.                                                                 (98/C 137/10)
(3 ) OJ L 152, 18.6.1988, p. 23.
(4 ) OJ L 256, 7.9.1987, p. 1.                                                        (Language of the case: French)
                                                                        (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
                JUDGMENT OF THE COURT                                 In Case C-218/97 P: Council of the European Union
                                                                      (Agents: Amadeu Lopes Sabino and Diego Canga Fano
                         (Sixth Chamber)                              and TheÂreÁse Blanchet) Ð appeal against the judgment of
                       of 12 March 1998                               the Court of First Instance of the European Communities,
                                                                      First Chamber, of 16 April 1997, in Case T-80/96 Leite
in Case C-314/96 (reference for a preliminary ruling from             Mateus v. Council [1997] ECR II-259, seeking to have
the Tribunal des affaires de securiteÂ sociale, Evry): Ourdia         that judgment set aside, the other party to the proceedings
   Djabali v. Caisse d'allocations familiales de l'Essonne (1)        being Ana Maria Fernandes Leite Mateus, residing in
(EEC-Algeria Cooperation Agreement Ð Article 39(1) Ð                  Zaventem (Belgium), represented by Jean-NoeÈl Louis,
Principle of non-discrimination in the field of social                Thierry Demaseure, Ariane Tornel and FrancËoise
security Ð Disabled adults' allowance Ð Reference for a               Parmentier, of the Brussels Bar, with an address for service
                       preliminary ruling)                            in Luxembourg at Fiduciaire Myson SARL, 30, rue de
                                                                      Cessange Ð the Court (First Chamber), composed of M.
                          (98/C 137/09)                               Wathelet, President of Chambers, D. A. O. Edward and L.
                                                                      Sevón (Rapporteur), Judges; S. Alber, Advocate-General;
                 (Language of the case: French)                       R. Grass, Registrar, made an order on 5 December 1997,
                                                                      the operative part of which is as follows:
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                    1. the appeal is dismissed as manifestly inadmissible;
                                                                      2. the appellant is ordered to pay the costs.
In Case C-314/96: reference to the Court pursuant to
Article 177 of the EC Treaty from the Tribunal des
affaires de securiteÂ sociale (Social Security Court), Evry           (1) OJ C 228, 26.7.1997.
(France), for a preliminary ruling in the proceedings
pending before that court between Ourdia Djabali and