CELEX: C1999/071/03
Language: en
Date: 1999-03-13 00:00:00
Title: ORDER OF THE COURT (Fourth Chamber) of 12 November 1998 in Case C-194/98 (reference for a preliminary ruling from the Oberlandesgericht Köln): Generalstaatsanwaltschaft v Eckard Pörschke (Application for interpretation of an agreement concluded between certain Member States and Article 8 of Directive 93/89/EEC - Lack of jurisdiction of the Court)

C 71/2               EN                  Official Journal of the European Communities                                13.3.1999
              JUDGMENT OF THE COURT                                     ordered to pay the costs of the appeal, including those
                                                                        relating to the intervention by NSK Ltd, NSK Bearings
                     of 19 January 1999
                                                                        Europe Ltd, NSK-RHP France SA, NSK-RHP UK
in Case C-245/95 P-INT: NSK Ltd and Others, the other                   Ltd, NSK-RHP Deutschland GmbH, NSK-RHP Italia
parties to the proceedings being: Commission of the                     SpA, NSK-RHP Nederland BV, NSK-RHP European
            European Communities and others (1)                         Distribution Centre BV and NSK-RHP Iberica SA.
(Appeal Ð Dumping Ð Ball bearings originating in Japan
                      Ð Interpretation)
                                                                    2. The Commission is ordered to pay the costs of this
                       (1999/C 71/02)                                   application.
               (Language of the case: English)
                                                                    3. The original of this judgment shall be appended to the
                                                                        original of the judgment interpreted. This judgment
In Case C-245/95 P-INT: NSK Ltd, a company                              shall be mentioned in the margin of the original of the
incorporated under Japanese law, whose registered office                judgment interpreted.
is in Tokyo (Japan), and eight of its European subsidiaries,
NSK Bearings Europe Ltd, a company incorporated under
                                                                    (1) OJ C 229, 2.9.1995.
English law, whose registered office is in London,                      OJ C 94, 28.3.1998.
NSK-RHP France SA, a company incorporated under
French law, whose registered office is in Guyancourt
(France), NSK-RHP UK Ltd, a company incorporated
under English law, whose registered office is in
Ruddington (United Kingdom), NSK-RHP Deutschland
GmbH, a company incorporated under German law,
whose registered office is in Ratingen (Germany),
NSK-RHP Italia SpA, a company incorporated under                                     ORDER OF THE COURT
Italian law, whose registered office is in Milan (Italy),
NSK-RHP Nederland BV, a company incorporated under                                        (Fourth Chamber)
Netherlands law, whose registered office is in Amstelveen
(Netherlands), NSK-RHP European Distribution Centre                                     of 12 November 1998
BV, a company incorporated under Netherlands law,                   in Case C-194/98 (reference for a preliminary ruling from
whose registered office is in Amstelveen (Netherlands),             the Oberlandesgericht Köln): Generalstaatsanwaltschaft v
and NSK-RHP Iberica SA, a company incorporated under                                     Eckard Pörschke (1)
Spanish law, whose registered office is in Barcelona
(Spain), all represented by David Vaughan QC, instructed            (Application for interpretation of an agreement concluded
by Robin Griffith, Solicitor, 200 Aldersgate Street, London         between certain Member States and Article 8 of Directive
EC1A 4JJ Ð application for interpretation of the second                   93/89/EEC Ð Lack of jurisdiction of the Court)
point of the operative part of the judgment of 10 February
1998 in Case C-245/95 P Commission v NTN and Koyo                                           (1999/C 71/03)
Seiko [1998] ECR I-401, the other parties to the
proceedings being: Commission of the European
Communities (Agents: Eric White and Nicholas Khan),
                                                                                  (Language of the case: German)
NTN Corporation, a company incorporated under
Japanese law, whose registered office is in Osaka (Japan),
Koyo Seiko Co. Ltd, a company incorporated under
Japanese law, whose registered office is in Osaka (Japan),          In Case C-194/98: reference to the Court under Article 177
Council of the European Union, and Federation of                    of the EC Treaty from the Oberlandesgericht Köln
European Bearing Manufacturers' Associations, whose                 (Germany) for a preliminary ruling in the proceedings
registered office is in Frankfurt-am-Main (Germany) Ð               pending before that court between Generalstaatsanwalt-
the Court, composed of: G. C. Rodríguez Iglesias,                   schaft and Eckard Pörschke on the interpretation of
President, P. J. G. Kapteyn, J.-P. Puissochet, G. Hirsch and        Article 8(1) of the Agreement of 9 February 1994 on the
P. Jann (Presidents of Chambers), G. F. Mancini, J. C.              levying of charges for the use of certain roads by heavy
Moitinho de Almeida, C. Gulmann, J. L. Murray, D. A. O.             commercial vehicles, concluded between the Governments
Edward, H. Ragnemalm (Rapporteur), L. Sevón and M.                  of the Federal Republic of Germany, the Kingdom of
Wathelet, Judges; P. LeÂger, Advocate General; R. Grass,            Belgium, the Kingdom of Denmark, the Grand Duchy of
Registrar, has given a judgment on 19 January 1999, in              Luxembourg and the Kingdom of the Netherlands
which it declares:                                                  (Bundesgesetzblatt 1994, Part II, p. 1768) Ð the Court
                                                                    (Fourth Chamber), composed of P. J. G. Kapteyn
                                                                    (Rapporteur), President of the Chamber, J. L. Murray and
1. Point 2 of the operative part of the judgment of                 H. Ragnemalm, Judges; D. Ruiz-Jarabo Colomer,
     10 February 1998, Commission v NTN and Koyo                    Advocate General; R. Grass, Registrar, has made an order
     Seiko (C-245/95 P), is to be interpreted to the effect         on 12 November 1998, the operative part of which is as
     that the Commission of the European Communities is             follows:
 ---pagebreak--- 13.3.1999             EN                  Official Journal of the European Communities                                     C 71/3
The Court manifestly lacks jurisdiction to reply to the              Appeal brought on 11 December 1998 by EugeÂnio
reference for a preliminary ruling made by the Oberlan-              Branco, Lda against the judgment delivered on
desgericht Köln by order of 8 May 1998.                              15 September 1998 by the Third Chamber of the Court
                                                                     of First Instance of the European Communities in Case
                                                                     T-142/97 between EugeÂnio Branco, Lda and the
(1) OJ C 234, 25.7.1998.
                                                                              Commission of the European Communities
                                                                                           (Case C-453/98 P)
                                                                                             (1999/C 71/05)
                  ORDER OF THE COURT                                 An appeal against the judgment delivered on 15 September
                                                                     1998 by the Third Chamber of the Court of First Instance
                        (First Chamber)
                                                                     of the European Communities in Case T-142/97 between
                     of 19 November 1998                             EugeÂnio Branco Lda and the Commission of the European
                                                                     Communities was brought before the Court of Justice of
in Case C-149/98 P: Anne-Marie Toller v Commission of                the European Communities on 11 December 1998 by
                 the European Communities (1)                        EugeÂnio Branco Lda, represented by Bolota Belchior, of
    (Appeal clearly inadmissible and clearly unfounded)              the Vila Nova de Gaia Bar, with an address for service in
                                                                     Luxembourg at the Chambers of Jacques Schroeder, 6 Rue
                         (1999/C 71/04)                              Heine.
                (Language of the case: French)                       The appellant claims that the Court should:
  (Provisional translation; the definitive translation will be       Ð quash the judgment of the Court of First Instance
          published in the European Court Reports)                       under appeal;
In Case C-149/98 P: Anne-Marie Toller, a former official             Ð uphold all the claims made at first instance; and
of the Commission of the European Communities, residing
in Brussels, represented by Benoît Lombart and Eric
Boigelot, both of the Brussels Bar, with an address for              Ð order the Commission to pay the costs.
service in Luxembourg at the Chambers of Louis Schiltz,
2 Rue du Fort Rheinsheim Ð appeal against the judgment
of the Court of First Instance of the European                       Pleas in law and main arguments adduced in support:
Communities (Fourth Chamber) of 19 February 1998 in
Case T-142/96 Toller v Commission [1998] ECR-SC
II-179, seeking to have that judgment set aside, the other           Ð Failure to comply with and infringement of Article 5(4)
party to the proceedings being the Commission of the                     of Regulation (EEC) No 2950/83 (1): Paragraphs 47
European Communities, represented by Julian Currall,                     and 49 of the judgment under appeal constitute an
Legal Adviser, and Christine Berardis-Kayser, of its Legal               error of assessment by the lower court. It is not
Service, acting as Agents, assisted by Denis Waelbroeck Ð                factually correct to claim that the InspeccËaÄo Geral de
the Court (First Chamber), composed of D. A. O. Edward,                  FinancËas (General Tax Inspectorate) audited the
acting for the President of the First Chamber, L. Sevón                  appellant's file at the request of the DAFSE, that, at
(Rapporteur) and M. Wathelet, Judges; Advocate General:                  the material time, it was empowered to conduct
D. Ruiz-Jarabo Colomer; Registrar: R. Grass, made an                     investigations into ESF projects or that it found
order on 19 November 1998, the operative part of which                   irregularities' not previously detected by the DAFSE.
is as follows:
                                                                     Ð Breach of the principles of protection of legitimate
(1) The appeal is dismissed;                                             expectations and legal certainty: The appellant
                                                                         contests the judgment under appeal inasmuch as it
                                                                         regards the period of two years (between 12 January
(2) Mrs Anne-Marie Toller's application for legal aid is                 1995 and 16 December 1996) as a reasonable period
     dismissed;                                                          for adopting the contested decision. The fact that the
                                                                         Court of First Instance did not set out its views, in
                                                                         Case T-85/94 (2), on the legality of the reduction in the
(3) Mrs Anne-Marie Toller is ordered to pay the costs.                   assistance but ruled only that the decision at issue did
                                                                         not contain a statement of reasons is not such as to
(1) OJ C 184, 13.6.1998.                                                 prevent giving rise to and reinforcing legitimate
                                                                         expectations on the part of the appellant. Indeed, since
                                                                         the final payment claim was certified by the DAFSE
                                                                         and the Commission's decision against such