CELEX: C1997/199/10
Language: en
Date: 1997-06-28 00:00:00
Title: JUDGMENT OF THE COURT of 22 April 1997 in Case C-395/95 P: Geotronics SA v. Commission of the European Communities (Phare Programme - Restricted invitation to tender - Action for annulment - Admissibility - EEA Agreement - Product origin - Discrimination - Action for damages)

No C 199/6             1 EN 1                 Official Journal of the European Communities                                   28 . 6 . 97
                 JUDGMENT OF THE COURT                                                  JUDGMENT OF THE COURT
                            of 22 April 1997                                                      of 22 April 1997
in Case C-3 10/95 (reference for a preliminary ruling from               in Case C-395/95 P: Geotronics SA v. Commission of the
the Tariefcommissie ): Road Air BV v. Inspecteur der
                                                                                           European Communities (')
                  Invoerrechten en Accijnzen (')
(Association of overseas countries and territories —                     (Phare Programme — Restricted invitation to tender —
Import into the Community of goods originating in a non                  Action for annulment — Admissibility — EEA Agreement
member country but in free circulation in an overseas                    — Product origin — Discrimination — Action for
country or territory — Article 227 (3) of the EC Treaty —                                              damages)
Part Four of the EC Treaty (Articles 131 to 136a) —
Council Decisions 86/283/EEC, 91/110/EEC and 91/482/                                                ( 97/C 199/ 10 )
                                   EEC)
                              ( 97/C 199/09 )
                                                                                         (Language of the case: English)
                  (Language of. the case: Dutch)
    (Provisional translation; the definitive translation will be         In Case C-395/95 P: Geotronics SA, a company
            published in the European Court Reports)                     incorporated under the laws of France, having its
                                                                         registered office at Lognes ( France ), represented by
                                                                         Tommy Pettersson, of the Swedish Bar, with an address
In Case C-3 10/95 : reference to the Court under Article 177             for service in Luxembourg at the Chambers of Arendt &
of the EC Treaty from the Tariefcommissie                                Medernach, 8-10 Rue Mathias Hardt — appeal against
 ( Administrative Court for Customs and Excise )                         the judgment of the Court of First Instance of 26 October
 ( Netherlands ) for a preliminary ruling in the proceedings              1995 in Case T-185/94 Geotronics v. Commission [ 1995 ]
pending before that court between Road Air BV and                        ECR 11-2795 , seeking to have that judgment set aside, the
Inspecteur der Invoerrechten en Accijnzen — on the                       other party to the proceedings being: Commission of the
 interpretation of the provisions of Part Four of the EEC                European Communities ( Agent: John Forman ) — the
Treaty and on the validity and interpretation of Council                 Court, composed of: G. C. Rodriguez Iglesias, President,
Decision 86/283/EEC of 30 June 1986 on the association                   J. C. Moitinho de Almeida, J. L. Murray and L. Sevón,
 of the overseas countries and territories with the European              ( Presidents of Chambers ), C. N. Kakouris, P. J. G.
 Economic Community ( OJ No L 175 , 1 . 7. 1986, p. 1 ,                  Kapteyn, C. Gulmann, G. Hirsch, P. Jann, H. Ragnemalm
 hereinafter 'the Fifth Decision') and Council Decision 91 /              and M. Wathelet ( Rapporteur), Judges; G. Tesauro,
  110/EEC of 27 February 1991 extending the validity of                  Advocate-General ; H. von Holstein, Deputy Registrar, for
 Council Decision 86/283/EEC ( OJ No L 58 , 5 . 3 . 1991 ,               the Registrar, has given a judgment on 22 April 1997, in
 p. 27) — the Court, composed of: G. C. Rodriguez                        which it:
 Iglesias, President, G. F. Mancini, J. C. Moitinho de
 Almeida , J. L. Murray and L. Sevón ( Presidents of
 Chambers ), C. N. Kakouris, P. J. G. Kapteyn, C. Gulmann ,
 D. A. O. Edward ( Rapporteur ), J. -P. Puissochet, G.                    1 . sets aside the judgment of the Court of First Instance
 Hirsch, P. Jann, H. Ragnemalm, M. Wathelet and R.                             of 26 October 1995 in Case T-185/94 Geotronics v.
 Schintgen, Judges; D. Ruiz-Jarabo Colomer, Advocate                           Commission in so far as it dismissed the application
 General; H. A. Rühl, Principal Administrator, for the                         for annulment of the Commission 's letter of 10 March
 Registrar, has given a judgment on 22 April 1997, in                          1 994 as inadmissible;
 which it has ruled :
 Part Four of the EC Treaty, and more particularly                        2 . dismisses the remainder of the appeal;
 Articles 132 (1 ), 133 (1 ) and 134, must be interpreted as
 meaning that on 25 June 1991 customs duties could be
  levied on imports into the Community of goods
  originating in non-member countries which were in free                  3 . dismisses the application for annulment;
  circulation in a country forming part of the overseas
  countries and territories, to the extent to which, in
  accordance with Article 101 of Council Decision 91 /482/
  EEC of 25 July 1991 on the association of the overseas                  4.   orders Geotronics SA to bear all the costs incurred
  countries and territories with the European Economic                         both in the proceedings before the Court of First
  Community, the duties paid in the overseas country or                        Instance and in those before the Court of Justice.
  territory in question were lower than the duties applicable
  in the Community.
                                                                           O OJ No C 64 , 2 . 3 . 1996 .
  ( ] ) OJ No C 299 , 11 . 11 . 1995 .