CELEX: C1996/064/14
Language: en
Date: 1996-03-02 00:00:00
Title: OPINION 3/94 OF THE COURT of 13 December 1995 (GATT - WTO - Framework Agreement on Bananas)

2 . 3 . 96             EN                   Official Journal of the European Communities                                  No C 64/7
      matches in competitions which they organize, football                          OPINION 3/94 OF THE COURT
      clubs may field only a limited number of professional                               of 13 December 1995 f 1 )
      players who are nationals of other Member States;
                                                                        (GATT — WTO — Framework Agreement on Bananas)
3 . the direct effect ofArticle 48 of the EC Treaty cannot be                                      ( 96/C 64/14 )
      relied upon in support of claims relating to a fee in
      respect of transfer, training or development which has           Request made to the Court on 25 July 1994 under
      already been paid on, or is still payable under an               Article 228 ( 6 ) of the EC Treaty by the Federal Republic of
      obligation which arose before, the date ofthis judgment,         Germany for an opinion on the compatibility with the
      except by those who have brought court proceedings or            Treaty of the Framework Agreement on Bananas between
      raised an equivalent claim under the applicable national         the European Community and Colombia, Costa Rica,
      law before that date.                                            Nicaragua and Venezuela and asking:
(>) OJ No C 312, 18 . 11 . 1993 .                                      ( a ) was the Framework Agreement on Bananas which was
                                                                             signed by the Commission on 28 and 29 March 1994
                                                                             duly negotiated from the point of view of procedural
                                                                             law, that is to say,
                                                                             — on the basis of a sufficient negotiating mandate
                                                                                 from the Council, and
                   ORDER OF THE COURT
                                                                             — in compliance with the relevant negotiating
                        (First Chamber )
                                                                                 directives laid down by the Council ?
                     of 14 December 1995
in Case C-173/95 P: Anne Hogan v. Court of Justice of the              ( b ) is the Framework Agreement on Bananas compatible
                   European Communities ( 1 )                                with the Treaty from the point of view of the
                                                                             substantive law ?
     (Appeal clearly inadmissible and clearly unfounded)
                            ( 96/C 64/ 13 )
                                                                       The Court, composed of: G. C. Rodriguez Iglesias,
                                                                       President, C. N. Kakouris, D. A. O. Edward and G. Hirsch
                 (Language of the case: Italian)                       ( Presidents of Chambers ), G. F. Mancini, F. A, Schockweiler
                                                                       ( Rapporteur ), J. C. Moitinho de Almeida, P. J. G. Kapteyn,
                                                                       C. Gulmann, J. L. Murray, P. Jann. H. Ragnemalm and L.
(Provisional translation; the definitive translation will be           Sevón, Judges, after hearing G. Tesauro , First
           published in the European Court Reports)                    Advocate-General , C. O. Lenz, F. G. Jacobs , A. M. La
                                                                       Pergola , G. Cosmas, P. Leger, M. B. Elmer, N. Fennelly and
In Case C-173/95 P , Anne Hogan, an official of the                    D. Ruiz-Jarabo Colomer, Advocates-General, finds :
European Parliament, resident in Luxembourg, represented
by Giancarlo Lattanzi, of the Massa-Carrara Bar, with                  there is no need to respond to the request for an
address for service in Luxembourg at 33 Rue Godchaux,                  opinion.
appellant, appeals against the judgment of the Court of First
Instance of the European Communities ( Fourth Chamber )
                                                                        (') OJ No C 275 , 1 . 10 . 1994 .
of 29 March 1995 in Case T-497/93 Hogan v. Court of
Justice [ 19951 ECR-SC 11-251 , seeking to have that
judgment set aside, the other party to the proceedings being:
Court of Justice of the European Communities ( Agents :
Luigia Maggioni and Niels Lierow ). The Court ( First
 Chamber ), composed of: D. A. O. Edward, President of the
 Chamber, P. Jann ( Rapporteur ) and M. Wathelet, Judges,
Advocate-General : A. La Pergola , Registrar: R. Grass, has             Action brought on 18 December 1995 by the Federal
given a judgment on 14 December 1995 , in which it:                     Republic of Germany against the Commission of the
                                                                                            European Communities
                                                                                                 Case C-396/95 )
 1 . dismisses the appeal;
                                                                                                    ( 96/C 64/ 15 )
 2 . orders the appellant to pay the costs.
                                                                        An action against the Commission of the European
                                                                        Communities was brought before the Court of Justice of the
 (') OJ No C 208 , 12 . 8 . 1995 .                                      European Communities on 18 December 1995 by the
                                                                        Federal Republic of Germany, represented by Ernst Rder,
                                                                        Ministerialrat in the Federal Ministry of Economics,
                                                                        D-53107 Bonn .