CELEX: C2001/079/09
Language: en
Date: 2001-03-10 00:00:00
Title: Judgment of the Court of 5 December 2000 in Case C-477/98 (reference for a preliminary ruling from the Court of Appeal in Northern Ireland): Eurostock Meat Marketing Ltd v Department of Agriculture for Northern Ireland (Agriculture — Animal health — National emergency measures against bovine spongiform encephalopathy — Specified risk material)

10.3.2001                 EN                     Official Journal of the European Communities                                          C 79/5
failing to communicate to the Commission the laws, regu-                    D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevón and
lations and administrative provisions necessary to comply with              R. Schintgen, Judges; A. Saggio, Advocate General; H. von
Directive 97/51/EC of the European Parliament and of the                    Holstein, Deputy Registrar, for the Registrar, has given a
Council of 6 October 1997 amending Council Directives                       judgment on 5 December 2000, in which it has ruled:
90/387/EEC and 92/44/EEC for the purpose of adaptation to
a competitive environment in telecommunications (OJ 1997
L 295, p. 23), the Italian Republic has failed to fulfil its                Article 30 of the EC Treaty (now, after amendment, Article 28 EC)
obligations under that directive — the Court (Third Chamber),               precludes a Member State from applying to products imported from
composed of: C. Gulmann (Rapporteur), President of the                      another Member State, where they are lawfully produced and
Chamber, J.-P. Puissochet and F. Macken, Judges; S. Alber,                  marketed, a national rule prohibiting the marketing of a cheese
Advocate General; R. Grass, Registrar, has given a judgment                 without rind under the designation ‘Emmenthal’ in that Member
on 30 November 2000, in which it:                                           State.
1.    Declares that, by failing to adopt, within the prescribed period,
      the laws, regulations and administrative provisions necessary to      (1) OJ C 33 of 6.2.1999.
      comply with Directive 97/51/EC of the European Parliament
      and of the Council of 6 October 1997 amending Council
      Directives 90/387/EEC and 92/44/EEC for the purpose of
      adaptation to a competitive environment in telecommunications,
      the Italian Republic has failed to fulfil its obligations under
      that directive;
2.    Orders the Italian Republic to pay the costs.
                                                                                             JUDGMENT OF THE COURT
(1) OJ C 20 of 22.1.2000.
                                                                                                  of 5 December 2000
                                                                            in Case C-477/98 (reference for a preliminary ruling from
                                                                            the Court of Appeal in Northern Ireland): Eurostock Meat
                                                                            Marketing Ltd v Department of Agriculture for Northern
                                                                                                        Ireland (1)
                  JUDGMENT OF THE COURT
                                                                            (Agriculture — Animal health — National emergency
                         of 5 December 2000                                 measures against bovine spongiform encephalopathy —
                                                                                                 Specified risk material)
in Case C-448/98 (reference for a preliminary ruling
from the Tribunal de Police, Belley, France): criminal                                               (2001/C 79/09)
         proceedings against Jean-Pierre Guimont (1)
(Measures having equivalent effect to a quantitative restric-                                  (Language of the case: English)
tion — Purely internal situation — Manufacture and
         marketing of Emmenthal cheese without rind)
                                                                            In Case C-477/98: reference to the Court under Article 177 of
                                                                            the EC Treaty (now Article 234 EC) from the Court of Appeal
                            (2001/C 79/08)
                                                                            in Northern Ireland (United Kingdom) for a preliminary
                                                                            ruling in the proceedings pending before that court between
                                                                            Eurostock Meat Marketing Ltd and Department of Agriculture
                      (Language of the case: French)                        for Northern Ireland — on the interpretation of Article 9
                                                                            of Council Directive 89/662/EEC of 11 December 1989
                                                                            concerning veterinary checks in intra-Community trade with a
(Provisional translation; the definitive translation will be published      view to the completion of the internal market (OJ 1989 L 395,
                    in the European Court Reports)                          p. 13), Commission Decision 97/534/EC of 30 July 1997 on
                                                                            the prohibition of the use of material presenting risks as
In Case C-448/98: reference to the Court under Article 177 of               regards transmissible spongiform encephalopathies (OJ 1997
the EC Treaty (now Article 234 EC) from the Tribunal de                     L 216, p. 95) and Article 36 of the EC Treaty (now, after
Police (Local Criminal Court), Belley, (France) for a preliminary           amendment, Article 30 EC) — the Court, composed of:
ruling in the criminal proceedings before that court against                G.C. Rodrı́guez Iglesias, President, C. Gulmann, A. La Pergola,
Jean-Pierre Guimont — on the interpretation of Articles 3(a)                M. Wathelet and V. Skouris (Presidents of Chambers),
and 30 et seq. of the EC Treaty (now, after amendment,                      D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevón (Rapporteur),
Articles 3(1)(a) EC and 28 EC et seq.) — the Court, composed                R. Schintgen and F. Macken, Judges; S. Alber, Advocate
of: G.C. Rodrı́guez Iglesias, President, C. Gulmann (Rappor-                General; L. Hewlett, Administrator, for the Registrar, has given
teur), M. Wathelet and V. Skouris (Presidents of Chambers),                 a judgment on 5 December 2000, in which it has ruled:
 ---pagebreak--- C 79/6                     EN                    Official Journal of the European Communities                                             10.3.2001
A Member State may prohibit imports of bovine heads containing              and Vingrau, France, contrary to Article 6(2) to (4) of Council
material presenting risks as regards bovine spongiform encephalopa-         Directive 92/43/EEC of 21 May 1992 on the conservation of
thy, by way of an interim protective measure within the meaning of          natural habitats and of wild fauna and flora (OJ 1992 L 206,
the fourth subparagraph of Article 9(1) of Council Directive                p. 7), the French Republic has failed to fulfil its obligations
89/662/EEC of 11 December 1989 concerning veterinary checks in              under the EC Treaty — the Court (Sixth Chamber), composed
intra-Community trade with a view to the completion of the internal         of: C. Gulmann (Rapporteur), President of the Sixth Chamber,
market, where the Commission has adopted, pursuant to Article 9(4)          V. Skouris and R. Schintgen, Judges; S. Alber, Advocate
of that directive, a decision such as Commission Decision 97/534/EC         General; D. Louterman-Hubeau, Principal Administrator, for
of 30 July 1997 on the prohibition of the use of material presenting        the Registrar, has given a judgment on 7 December 2000, in
risks as regards transmissible spongiform encephalopathies, requiring       which it:
the removal of, and prohibiting the use of, such material but where
the date on which the measures laid down by that decision are to            1.    Declares that, by not classifying any part of the Basses Corbières
become applicable has been postponed.                                             site as a special protection area and by not adopting special
                                                                                  conservation measures for that site sufficient in their geographi-
                                                                                  cal extent, the French Republic has failed to fulfil its obligations
(1) OJ C 71 of 13.3.1999.                                                         under Article 4(1) of Council Directive 79/409/EEC of 2 April
                                                                                  1979 on the conservation of wild birds;
                                                                            2.    Dismisses the remainder of the application;
                                                                            3.    Orders the parties to bear their own costs.
                   JUDGMENT OF THE COURT                                    (1) OJ C 378 of 5.12.1998.
                            (Sixth Chamber)
                          of 7 December 2000
in Case C-374/98: Commission of the European Communi-                                         JUDGMENT OF THE COURT
                       ties v French Republic (1)
                                                                                                       (Fifth Chamber)
(Failure of Member State to fulfil its obligations — Direc-
tives 79/409/EEC and 92/43/EEC — Conservation of wild
                 birds — Special protection areas)                                                  of 7 December 2000
                                                                            in Case C-482/98: Italian Republic v Commission of the
                             (2001/C 79/10)
                                                                                                European Communities (1)
                      (Language of the case: French)                        (Action for annulment — Council Directive 92/83/EEC —
                                                                            Harmonisation of the structures of excise duties on alcohol
                                                                            and alcoholic beverages — Commission Decision 98/617/EC
                                                                            of 21 October 1998 denying authority to Italy to refuse the
(Provisional translation; the definitive translation will be published
                                                                            grant of exemption to certain products exempt from excise
                     in the European Court Reports)
                                                                             duty under Council Directive 92/83 — Cosmetic products)
In Case C-374/98: Commission of the European Communities                                                (2001/C 79/11)
(Agents: P. Stancanelli and O. Couvert-Castéra) v French
Republic (Agents: K. Rispal-Bellanger and R. Nadal) — appli-
cation for a declaration, first, that, by failing to classify the
                                                                                                 (Language of the case: Italian)
Basses Corbières site, France, as a special protection area for
the conservation of certain species of birds listed in Annex I to
Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds (OJ 1979 L 103, p. 1) and of certain             (Provisional translation; the definitive translation will be published
migratory species not listed in that Annex, and by also failing                                 in the European Court Reports)
to adopt special conservation measures concerning their
habitat, contrary to Article 4(1) and (2) of that directive, and,           In Case C-482/98: Italian Republic (Agents: Professor U. Lean-
second, that, by failing to take appropriate steps in relation to           za, assisted by O. Fiumara) v Commission of the European
the Basses Corbières to avoid disturbance of the species                    Communities (Agent: E. Traversa) — application for annulment
protected on that site and deterioration of their habitat likely            of Commission Decision 98/617/EC of 21 October 1998
to have a significant effect, as a result of the opening and                denying authority to Italy to refuse the grant of exemption to
working of limestone quarries in the municipalities of Tautavel             certain products exempt from excise duty under Council