CELEX: C1996/210/01
Language: en
Date: 1996-07-20 00:00:00
Title: JUDGMENT OF THE COURT of 6 June 1996 in Case C-101/94: Commission of the European Communities v. Italian Republic (Dealing in transferable securities)

20 . 7 . 96          EN                    Official Journal of the European Communities                                 No C 210/ 1
                                                                    I
                                                             (Information)
                                                COURT OF JUSTICE
                                                          COURT OF JUSTICE
               JUDGMENT OF THE COURT                                   2 , orders the Italian Republic to pay the costs.
                        of 6 June 1996
in Case C-101 /94: Commission of the European                          (') OJ No C 132 , 14 . 5 . 1994 .
              Communities v. Italian Republic ( ] )
              (Dealing in transférable securities)
                         ( 96/C 210/01 )
                (Language of the case: Italian)
                                                                                    JUDGMENT OF THE COURT
(Provisional translation; the definitive translation will be                                   ( Fifth Chamber )
          published in the European Court Reports)
                                                                                                of 6 June 1996
                                                                      in Case C-127/94 ( reference for a preliminary ruling from
In Case C-101 /94 : Commission of the European                        the High Court of Justice, Queens Bench Division ): The
Communities ( Agents : Antonino Abate and Ben Smulders,               Queen v. Ministry of Agriculture, Fisheries and Food, ex
assisted by Luca G. Radicati di Brozolo ) v . Italian Republic        parte: H. 5c R. Ecroyd Holdings Ltd and John Rupert
(Agent: Professor Umberto Leanza , assisted by Ivo Maria                                            Ecroyd ( 1 )
Braguglia, Avvocato dello Stato ) — application for a                  (Milk production quota scheme — Allocation of special
declaration that, by restricting the activity of dealing in           reference quantities — Powers and/or duties ofthe Member
transferable securities ( apart from by banks ) to companies                                          States)
or firms whose registered office is in Italy, the Italian                                        ( 96/C 210/02 )
Republic has failed to fulfil its obligations under Articles 52
and 59 of the EC Treaty — the Court, composed of: G. C.
Rodriguez Iglesias, President, D. A. O. Edward , J. -P.                              (Language of the case: English)
Puissochet ( Rapporteur ) and G. Hirsch ( Presidents of
Chambers ), G. F. Mancini, J. C. Moitinho de Almeida , P. J.
G. Kapteyn, C. Gulmann, J. L. Murray, P. Jann and M.                  In Case C-127/94 : reference to the Court under Article 177
Wathelet, Judges; C. O. Lenz, Advocate-General ; H. von
Holstein, Deputy Registrar, has given a judgment on 6 June            of the EC Treaty from the High Court of Justice, Queens
1 996 , in which it:                                                  Bench Division, for a preliminary ruling in the proceedings
                                                                      pending before that court between The Queen and the
                                                                      Ministry of Agriculture, Fisheries and Food , ex parte: H. &
                                                                      R. Ecroyd Holdings Ltd and John Rupert Ecroyd — on the
1 , declares that, by restricting the activity of dealing in          interpretation of Article 3 ( a ) ( 1 ) of Council Regulation
     transferable securities (apart from by banks) to                 ( EEC ) No 857/84 of 31 March 1984 adopting general rules
     companies or firms whose registered office is in Italy, the      for the application of the levy referred to in Article 5 ( c ) of
     Italian Republic has failed to fulfil its obligations under      Regulation ( EEC ) No 804/68 in the milk and milk products
     Articles 52 and 59 of the EC Treaty;                             sector ( OJ No L 90 , 1984 , p . 13 ), as amended by Council