CELEX: C1995/229/12
Language: en
Date: 1995-09-02 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 29 June 1995 in Joined Cases C-109/94, C-207/94 and C-225/94: Commission of the European Communities v. Hellenic Republic (Failure of a Member State to fulfil its obligations - Directives 90/618/EEC, 88/357/EEC and 90/619/EEC - Non-transposition - Insurances)

No C 229/6               EN                    Official Journal of the European Communities                                        2 . 9 . 95
and grape musts ( 3 ) — the Court ( Sixth Chamber ),                      preliminary ruling in the proceedings pending before that
composed of F. A. Schockweiler, President of the Chamber,                 court between SCAC Sri and Associazione dei Produttori
G. F. Mancini, C. N. Kakouris, J. L. Murray ( Rapporteur )                Ortofrutticoli ( ASIPO ) — on the interpretation and validity
and G. Hirsch, Judges; P. Leger, Advocate-General; H.                     of Article 1 ( 2 ) of Council Regulation ( EEC ) No 668/93 of
A. Riihl, Principal Administrator, for the Registrar, gave a              1 7 March 1 993 on the introduction of a limit to the granting
judgment on 29 June 1995 , the operative part of which is as              of production aid for processed tomato products ( 2 ) — the
follows :                                                                 Court ( Sixth Chamber ), composed of: F. A. Schockweiler
                                                                          ( Rapporteur ), President of the Chamber, P. J. G. Kapteyn,
                                                                          G. F. Mancini, J. L. Murray and G. Hirsch, Judges;
1 . Article 3 (2) of Commission Regulation (EEC)
                                                                          D. Ruiz-Jarabo Colomer, Advocate-General; L. Hewlett,
       No 3201 /90 of 16 October 1990 laying down detailed
                                                                          Administrator, for the Registrar, has given a judgment on
       rules for the description and presentation of wines and
                                                                          29 June 1995 , in which it rules :
       grape musts must be interpreted as not precluding
       the labelling of quality wines ('Qualitatsweine mit
       Pradikat') from repeating the terms 'Kabinett',                    1 . Article 1 (2) of Council Regulation (EEC) No 668/93 of
       'Spatlese ' or 'Auslese ' — in addition to their prescribed              1 7 March 1 993 on the introduction of a limit to the
       use (in lettering of the same type and height as the name                granting of production aid for processed tomato
       of the specified region or of a geographical unit smaller                products must be interpreted as meaning that, in the
       than the specified region) — in different lettering with                 event of a transfer of fresh tomatoes by a processing
       higher letters, particularly in a conspicuous manner as                  undertaking during a marketing year from the 'peeled
       part of a brand name;                                                    tomatoes ' category to the 'concentrate ' or 'other tomato
                                                                                products ' category, only the quantities actually
2 . Article 3 (3) (a), first indent, in conjunction with the                    produced by that undertaking in each category, regard
       second subparagraph of Article 3 (3) of Regulation                       being had to that transfer, are to be taken into account in
       (EEC) No 3201 /90 must be interpreted as not                             the following marketing year for the purposes of the
       precluding the repetition on the label, in the case of                   division of the maximum quantities between the
       German quality wines produced in specified regions                       processing undertakings by the Member State
                                                                                concerned.
       (' Qualitatsweine bA '), of the term ' Weiflherbst' — in
       addition to its use in the same lettering as that used for
       indicating the specified region — in larger letters,               2 . Consideration of Article 1 (2) of Regulation (EEC)
       particularly in a conspicuous manner as part of a brand                  No 668/93 has disclosed no factor of such a kind as to
       name .
                                                                                affect the validity of that provision.
 (') OJ No C 27, 28 . 1 . 1994 .
 ( 2 ) OJ No L 232 , 9 . 8 . 1989 , p . 13 .                               (') OJ No C 90 , 26 . 3 . 1994 .
 ( 3 ) OJ No L 309 , 8 . 11 . 1990 , p. 1 .                                (2 ) OJ No L 72, 25 . 3 . 1993 , p. 1 .
                  JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                            ( Sixth Chamber)                                                         ( Fifth Chamber)
                            of 29 June 1995                                                         of 29 June 1995
 in Case C-56/94 (reference for a preliminary ruling from                  in Joined Cases C-109/94, C-207/94 and C-225/94:
 the Tribunale di Piacenza): SCAC Srl v. Associazione dei
                                                                           Commission of the European Communities v. Hellenic
               Produttori Ortofrutticoli ( ASIPO ) (M                                                   Republic ( ' )
  (Common organization of the market — Processed tomato                     (Failure of a Member State to fulfil its obligations —
 products — Limit to the granting of production aid —                      Directives 90/61 8/EEC, 88/357/EEC and 90/619/EEC —
 Determination of quotas — Validity of Regulation (EEC)                                   Non-transposition — Insurances)
                                 No 668/93)
                                                                                                        95/C 229/ 12 )
                               ( 95/C 229/11 )
                    (Language of the case: Italian)                                         (Language of the case: Greek)
  (Provisional translation; the definitive translation will be              (Provisional translation; the definitive translation will be
            published in the European Court Reports)                                 published in the European Court Reports)
  In Case C-56/94 : reference to the Court under Article 177 of             In Joined Cases C-109/94 , C-207/94 and C-225/94 :
  the EC Treaty by the Tribunale di Piacenza ( Italy ) for a                Commission of the European Communities ( Agent:
 ---pagebreak--- 2 . 9 . 95           I KN                  Official Journal of the European Communities                                  No C 229/7
Dimitrios Gouloussis ) v. Hellenic Republic (Agents:                            effective exercise of freedom to provide services and
Michael Apessos, Katerina Samoni-Rantou and Nana                                amending Directive 79/267/EEC;
Dafniou ) — application for a declaration that the Hellenic
Republic has failed to fulfil its obligations under the EC
Treaty by failing, in Case C- 109/94, to adopt or to                  2 . orders the Hellenic Republic to pay the costs.
communicate to the Commission within the prescribed
period the laws, regulations and administrative provisions
necessary to comply with Council Directive 90/618/EEC of              (])  OJ  No  C  161 , 11 . 6 . 1994 .
8 November 1990 amending, particularly as regards motor               (2)  OJ  No  L 330 , 29 . 11 . 1990, p . 44 .
vehicle liability insurance, Directive 73/239/EEC and                 (3)  OJ  No  L 172 , 4 . 7. 1988 , p . 1 .
Directive 88/357/EEC which concern the coordination of                (4)  OJ  No  L 330 , 29 . 11 . 1990 , p . 50 .
laws, regulations and administrative provisions relating to
direct insurance other than life assurance ( 2 ), and by failing,
in Cases C-207/94 and C-225/94 , to adopt and, in the
alternative, to communicate to the Commission within the
prescribed periods the laws, regulations and administrative
provisions necessary to comply, respectively, with Second
Council Directive 88/357/EEC of 22 June 1988 on the
coordination of laws, regulations and administrative
provisions relating to direct insurance other than life
assurance and laying down provisions to facilitate the
                                                                                      JUDGMENT OF THE COURT
effective exercise of freedom to provide services and
amending Directive 73/239/EEC ( 3 ), and Council Directive                                        ( Sixth Chamber)
90/619/EEC of 8 November 1990 on the coordination of
                                                                                                 of 29 June 1995
laws, regulations and administrative provisions relating to
direct life assurance, laying down provisions to facilitate the             in Case C-135/94: Commission of the European
effective exercise of freedom to provide services and                                Communities v. Italian Republic (')
amending Directive 79/267/EEC ( 4 ) — the Court ( Fifth               (Failure to fulfil obligations — Directive 89/61 8/Euratom
Chamber ), composed of: C. Gulmann, President of the                                             — Admissibility)
Chamber, P. Jann, J. C. Moitinho de Almeida, D. A. O.                                               ( 95/C 229/ 13
Edward and L. Sevon, Judges; C. O. Lenz, Advocate­
General; D. Louterman-Hubeau, Principal Administrator,
for the Registrar, has given a judgment on 29 June 1995 ,
in which it:                                                                            (Language of the case: Italian)
                                                                      (Provisional translation; the definitive translation will be
1 . declares that the Hellenic Republic has failed to fulfil its                published in the European Court Reports)
     obligations under the EC Treaty by failing to adopt
     within the prescribed periods the laws, regulations and
     administrative provisions necessary to comply with :
                                                                      In Case C-135/94 : Commission of the European
                                                                      Communities ( Agent: Antonio Aresu ) v. Italian Republic
     — Council Directive 90/618/EEC of 8 November                     ( Agent: Umberto Leanza ) — application for a declaration
          1990 amending, particularly as regards motor                that, by failing to adopt the laws, regulations and
          vehicle liability insurance, Directive 73/239/EEC           administrative measures necessary to comply with Council
          and Directive 88/357/EEC which concern the                  Directive 89/61 8/Euratom of 27 November 1989 on
          coordination oflaws, regulations and administrative         informing the general public about health protection
          provisions relating to direct insurance other than life     measures to be applied and steps to be taken in the event of a
          assurance,
                                                                      radiological emergency ( 2 ), the Italian Republic has failed to
                                                                      fulfil its obligations under that Directive and under the third
                                                                      paragraph of Article 161 and the first paragraph of
     — Second Council Directive 88/357/EEC of 22 June                 Article 192 of the EAEC Treaty — the Court ( Sixth
          1988 on the coordination of laws, regulations               Chamber ), composed of: F. A. Schockweiler, President of
          and administrative provisions relating to direct            the Chamber, P. J. G. Kapteyn ( Rapporteur ), C. N.
          insurance other than life assurance and laying down         Kakouris, J. L. Murray and G. Hirsch, Judges; M. B. Elmer,
          provisions to facilitate the effective exercise of          Advocate-General; R. Grass, Registrar, has given a
          freedom to provide services and amending Directive          judgment on 29 June 1995 , in which it:
          73/239/EEC, and
                                                                       1 . declares that, by failing to adopt the laws, regulations
     — Council Directive 90/619/EEC of 8 November 1 990                    and administrative measures necessary to comply with
          on the coordination of laws, regulations and                      Council Directive 89/61 8/Euratom of 27 November
          administrative provisions relating to direct life                 1989 on informing the general public about health
          assurance, laying down provisions to facilitate the              protection measures to be applied and steps to be taken