CELEX: C1999/121/29
Language: en
Date: 1999-05-01 00:00:00
Title: Removal from the register of Case C-24/98

C 121/14              EN                    Official Journal of the European Communities                                     1.5.1999
References for a preliminary ruling from the Verwal-                          Removal from the register of Case C-289/98 (1)
tungsgericht Frankfurt am Main by orders of that court of
23 February 1999 in the cases of Ernst-Otto Flemmer,                                           (1999/C 121/27)
Renate Christoffel and Marike Leitensdorfer v. Council of
the European Union and Commission of the European                      By order of 16 December 1998 the president of the Court of
Communities represented by Bundesanstalt Für                           Justice of the European Communities has ordered the removal
                Forstwirtschaft und Ernährung                          from the register of Case C-289/98: Commission of the
                                                                       European Communities v. Hellenic Republic.
            (Cases C-80/99, C-81/99 and C-82/99)
                                                                       (1) OJ C 278, 5.9.1998.
                        (1999/C 121/26)
Reference has been made to the Court of Justice of the
European Communities by orders of the First Chamber of the
Verwaltungsgericht (Administrative Court) Frankfurt am Main
of 23 February 1999, which were received at the Court
Registry on 4 March 1999, for preliminary rulings in the cases                Removal from the register of Case C-197/97 (1)
of 1. Ernst Otto Flemmer, 2. Renate Christoffel 3. And
Marike Leitensdorfer v. Council of the European Union and                                      (1999/C 121/28)
Commission of the European Communities represented by
Bundesanstalt für Forstwirtschaft und Ernährung on the fol-            By order of 27 January 1999 the president of the Court of
lowing questions:                                                      Justice of the European Communities has ordered the removal
                                                                       from the register of Case C-197/97 (reference for a preliminary
a) Is the second paragraph of Article 215 of the EC Treaty in          ruling from the Liverpool Industrial Tribunal): Donna Marie
    conjunction with Article 178 of the EC Treaty in conjunc-          Davies v. Girobank plc.
    tion with the provisions of Council Regulation (EEC) No
    2187/93 (1) to be interpreted as meaning that the Court of         (1) OJ C 212, 12.7.1997.
    Justice also has jurisdiction in disputes which derive from
    a contract concluded by the competent national authority
    in the name and on behalf of the Council and Commission
    in accordance with Council Regulation (EEC) No 2187/93
    providing for an offer of compensation to certain pro-
    ducers of milk and milk products temporarily prevented
    from carrying on their trade?
                                                                              Removal from the register of Case C-24/98 (1)
b) If that question is answered in the negative and if there is a
    case falling within the first paragraph of Article 215 of the                              (1999/C 121/29)
    EC Treaty and if the national courts thus have jurisdiction
    under Article 183 of the EC Treaty, the further question           By order of 2 February 1999 the President of the Court of
    arises whether the provisions of national procedural law           Justice of the European Communities has ordered the removal
    or the general principles of law common to the legal               from the register of Case C-24/98: Commission of the
    systems of the Member States are to be applied to such a           European Communities v. Ireland.
    contract, in so far as Regulation (EEC) No 2187/93 makes
    no provision.
                                                                       (1) OJ C 72, 7.3.1998.
c) If the general principles of law are applicable, the question
    then arises whether and under what conditions the com-
    petent national authority may set aside in whole or in part
    a contract concluded in the name and on behalf of the
    Council and Commission if it subsequently transpires that
    the conditions to be fulfilled under Regulation (EEC) No
    2187/93 for the making of an offer of compensation were                   Removal from the register of Case C-371/96 (1)
    in whole or in part not met, or if the conditions for the
    making of an offer of compensation are met only because                                    (1999/C 121/30)
    the competent national authorities consider that they are
    precluded for reasons of the protection of legitimate              By order of 3 February 1999 the President of the Court of
    expectations from annulling the definitive allocation of a         Justice of the European Communities has ordered the removal
    special reference quantity which is a precondition for             from the register of Case C-371/96 (reference for a preliminary
    granting compensation.                                             ruling from the Tribunale di Trento): Ministero delle Finanze
                                                                       v. Cotonificio del Trentino SpA.
(1) OJ L 196, 5.8.1993, p. 6.
                                                                       (1) OJ C 40, 8.2.1997.