CELEX: C1997/212/02
Language: en
Date: 1997-07-12 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 29 May 1997 in Case C-69/94: French Republic v. Commission of the European Communities (Milk - Additional levy scheme - Detailed rules - Decision 93/673/EC - Powers of the Commission)

12 . 7. 97           EN                   Official Journal of the European Communities                                  No C 212/ 1
                                                                   I
                                                            (Information)
                                               COURT OF JUSTICE
                                                         COURT OF JUSTICE
               JUDGMENT OF THE COURT                                  2 . orders the Federal Republic of Germany to pay the
                                                                          costs,
                       of 13 May 1997
in Case C-233/94: Federal Republic of Germany v.
European Parliament and Council of the European                       3 . orders the Commission of the European Communities
                                                                          to bear its own costs.
Union supported by Commission of the European
                       Communities f 1 )
                                                                      O OJ No C 275 , 1 . 10 . 1994 .
(Directive on deposit-guarantee schemes — Legal basis —
Obligation to state reasons — Principle of subsidiarity —
Proportionality — Consumer protection — Supervision by
                   the home Member State)
                         ( 97/C 212/01
                                                                                    JUDGMENT OF THE COURT
               (Language of the case: German)                                                 ( Sixth Chamber)
                                                                                              of 29 May 1997
  (Provisional translation; the definitive translation will be       in Case C-69/94: French Republic v. Commission of the
          published in the European Court Reports)                                     European Communities (')
                                                                      (Milk — Additional levy scheme — Detailed rules —
In Case C-233/94 : Federal Republic of Germany (Agents :                  Decision 93/673/EC — Powers of the Commission)
Bernd Kloke and Hans-Jörg Niemeyer ) v. European                                                ( 97/C 212/02 )
Parliament (Agent: Johann Schoo ) and Council of the
European Union (Agents: Jill Aussant, Klaus Borchers and
                                                                                     (Language of the case: French)
Jan-Peter Hix) supported by Commission of the European
Union ( Agents : Dimitrios Gouloussis and Ulrich Wölker )
— application for annulment of Directive 94/1 9/EC of the              (Provisional translation; the definitive translation will be
European Parliament and of the Council of 30 May 1994                          published in the European Court Reports)
on deposit-guarantee schemes ( OJ No L 135 , 31 . 5 . 1994,
p. 5 ) — the Court, composed of: G. C. Rodriguez Iglesias,
President, G. F. Mancini, J. C. Moitinho de Almeida, J. L.           In Case C-69/94 : French Republic ( Agents: Edwige
Murray and L. Sevón, (Presidents of Chambers ), C. N.                Belliard and Jean-Louis Falconi ) v. Commission of the
Kakouris, P. J. G. Kapteyn, C. Gulmann, D. A. O.                     European Communities ( Agent: Gerard Rozet ) —
Edward, J.-P. Puissochet, G. Hirsch, P. Jann (Rapporteur),           application for the annulment of Commission Decision 93/
H. Ragnemalm, M. Wathelet and R. Schintgen, Judges;                  673/EC of 10 December 1993 fixing the flat-rate
Advocate-General : P. Leger; H. A. Rühl, Principal                   reduction to advances on the entry of agricultural
Administrator for the Registrar, has given a judgment on             expenditure in the accounts in the event of non­
13 May 1997, in which it:                                            compliance with the provisions relating to the forwarding
                                                                     of the annual questionnaire on the application of the
                                                                     arrangements for additional levies in the milk sector
1 . dimisses the application;                                        introduced by Council Regulation ( EEC ) No 3950/92 ( OJ
 ---pagebreak--- No C 212/2              EN                   Official Journal of the European Communities                                      12 . 7 . 97
No L 310, 14 . 12 . 1993 , p. 44 ) — the Court ( Sixth                  ruling, give the interpretative guidance necessary for the
Chamber), composed of: J. L. Murray, President of the                   national      court   to     determine    whether that  national
Fourth Chamber, acting as President of the Sixth                        legislation is in conformity with the fundamental rights
Chamber, C. N. Kakouris, P. J. G. Kapteyn, G. Hirsch                    whose observance the Court ensures, such as those
( Rapporteur) and H. Ragnemalm, Judges; G. Tesauro,                     deriving in particular from the Convention for the
Advocate-General; H. von Holstein, Deputy Registrar, for                Protection of Human Rights and Fundamental Freedoms.
the Registrar, has given a judgment on 29 May 1997, in
which it :
                                                                        ( ! ) OJ No C 299 , 11 . 11 . 1995 .
1 . dismisses the application;
2 . orders the French Republic to pay the costs.
                                                                                        JUDGMENT OF THE COURT
 (') OJ No C 103 , 11 . 4 . 1994 .
                                                                                                   ( Fifth Chamber)
                                                                                                   of 29 May 1997
                                                                        in Case C-300/95 : Commission of the European
                                                                        Communities v. United Kingdom of Great Britain and
                                                                                                 Northern Ireland (')
                JUDGMENT OF THE COURT
                                                                         (Failure of a Member State to fulfil obligations —
                           ( Fifth Chamber)                              Article 7 (e) of Directive 85/374/EEC — Incorrect
                           of 29 May 1997                                implementation — Defence precluding liability for
                                                                         defective products — State of scientific and technical
 in Case C-299/95 (reference for a preliminary ruling from                                              knowledge)
 the Oberster Gerichtshof): Friedrich Kremzow, Wilfried
           Weh, intervening v. Republik Osterreich ( ' )                                              ( 97/C 212/04 )
  (Article 164 of the EC Treaty — European Convention on
 Human Rights — Deprivation of liberty — Right to a fair                                 (Language of the case: English)
  trial — Effects of a judgment of the European Court of
                            Human Rights)
                                                                         In Case C-300/95 : Commission of the European
                             ( 97/C 212/03 )
                                                                          Communities ( Agent: Peter Oliver, assisted by Mark
                                                                         Mildred, Solicitor ) against United Kingdom of Great
                 (Language of the case: German)                           Britain and Northern Ireland (Agent: John E. Collins,
                                                                          assisted by K. Paul E. Lasok, QC ) — application for a
                                                                          declaration that, by failing to take all the measures
                                                                          necessary to implement Council Directive 85/374/EEC of
     (Provisional translation; the definitive translation will be         25 July 1985 on the approximation of the laws,
            published in the European Court Reports)                      regulations and administrative provisions of the Member
                                                                          States concerning liability for defective products ( OJ No
  In Case C-299/95 : reference to the Court pursuant to                   L 210, 7. 8 . 1985 , p. 29 ), in particular Article 7 ( e )
  Article 177 of the EC Treaty from the Oberster Gerichts­                thereof, the United Kingdom has failed to fulfil its
  hof ( Supreme Court) ( Austria ), for a preliminary ruling in           obligations under that Directive and under the EC Treaty
  the proceedings pending before that court between                       — the Court ( Fifth Chamber ) composed of: J. C.
  Friedrich Kremzow, Wilfried Weh, intervening and                        Moitinho de Almeida, President of the Chamber, C.
                                                                           Gulmann, D. A. O. Edward, J. -P. Puissochet and M.
   Republik Osterreich — on the interpretation of Article 164
   of the EC Treaty and a number of provisions of the                     Wathelet ( Rapporteur ), Judges; G. Tesauro, Advocate­
   Convention for the Protection of Human Rights and                       General ; H. A. Rühl , Principal Administrator, for the
   Fundamental Freedoms — the Court ( Fifth Chamber ),                     Registrar, has given a judgment on 29 May 1997, in
                                                                           which it :
   composed of: J. C. Moitinho de Almeida ( Rapporteur ),
   President of the Chamber, C. Gulmann, D. A. O. Edward,
   J. -P. Puissochet and P. Jann, Judges; A. La Pergola,
   Advocate-General; H. A. Rühl , Principal Administrator,
                                                                            1 . dismissed the application;
   for the Registrar, has given a judgment on 29 May 1997,
   in which it has ruled :
                                                                           2 . ordered the Commission to pay the costs.
    Where national legislation is concerned with a situation                (') OJ No C 286 , 28 . 10 . 1995 .
   which, as in the case at issue in the main proceedings,
   does not fall within the field of application of Community
    law, the Court cannot, in a reference for a preliminary