CELEX: C1997/009/10
Language: en
Date: 1997-01-11 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 24 October 1996 in Case C-73/95 P: Viho Europe BV v. Commission of the European Communities, supported by Parker Pen Ltd (Competition - Groups of companies - Article 85 (1) of the EC Treaty)

No C 9/6               LIN                   Official Journal of the European Communities                                       11 . . 97
  1 . The expression 'canalization and flood-relief works ' in                          JUDGMENT OF THE COURT
       point 10 (e) of Annex II to Council Directive 85/337/                                       ( Sixth Chamber )
       EEC of 27 June 1985 on the assessment of the effects
       of certain public and private projects on the                                           of 24 October 1996
       environment must be interpreted as including certain              in Case C-73/95 P: Viho Europe BV v. Commission of the
       types of work on a dyke running alongside waterways.                European Communities, supported by Parker Pen Ltd ( 1 )
                                                                          (Competition — Groups of companies — Article 85 (1 ) of
                                                                                                     the EC Treaty)
 2 . The expression 'canalization and flood-relief works ' in                                          ( 97/C 9/10 )
       point 10 (e) of Annex II to Directive 85/337/EEC is to
       be interpreted as including not only construction of a
       new dyke but also modification of an existing dyke                                 (Language of the case: French)
       involving its relocation, reinforcement or widening,
       replacement of a dyke by constructing a new dyke in                  (Provisional translation; the definitive translation will be
       situ, whether or not the new dyke is stronger or wider                      published in the European Court Reports)
       than the old one, or a combination of such works.
                                                                         In Case C-73/95 P: Viho Europe BV (Agent: Werner
                                                                         Kleinmann ) — appeal against the judgment of the Court
                                                                         of First Instance of the European Communities ( First
 3 ) — Article 4 (2) of Directive 85/337/EEC and
                                                                         Chamber ) of 12 January 1995 in Case T-102/92 Viho v.
           point 10 (e) of Annex II must be interpreted as
                                                                         Commission [ 1995] ECR 11-17, seeking to have that
           meaning that a Member State which establishes the
                                                                         judgment set aside, the other party to the proceedings
           criteria or thresholds necessary to classify projects
                                                                         being Commission of the European Communities ( Agent:
           relating to dykes at a level such that, in practice,
                                                                         Bernd Langeheine ), supported by Parker Pen Ltd, — the
           all such projects are exempted in advance from the
                                                                         Court ( Sixth Chamber), composed of: G. F. Mancini,
           requirement of an impact assessment exceeds the               President of the Chamber, C. N. Kakouris and H.
           limits of its discretion within the meaning of
                                                                         Ragnemalm ( Rapporteur), Judges; C. O. Lenz, Advocate­
           Articles 2 (1 ) and 4 (2) of the Directive unless all
                                                                         General; R. Grass, Registrar, has given a judgment on
           projects excluded could, when viewed as a whole,              24 October 1996, in which it:
           be regarded as not being likely to have significant
           effects on the environment.
                                                                         1 . Dismisses the appeal.
       — Where under national law a court must or may                    2 . Orders the appellant to pay the costs.
           raise of its own motion pleas in law based on a
           binding national rule which have not been put                 (!) OJ No C 137, 3 . 6 . 1995 , p . 10 .
           forward by the parties, it must, for matters within
           its jurisdiction, examine of its own motion
           whether the legislative or administrative
           authorities of the Member State have remained
           within the limits of their discretion within the
           meaning of Articles 2 (1 ) and 4 (2) of the
                                                                                        JUDGMENT OF THE COURT
           Directive, and take account thereof when
           examining the action for annulment.                                                    ( Sixth Chamber)
                                                                                               of 24 October 1996
                                                                        in     Case   C-76/95 : Commission of the European
      — Where that discretion has been exceeded and
                                                                                      Communities v. Royale Beige SA ( J )
           consequently the national provisions must be set
           aside in that respect, it is for the authorities of the       (Officials — Insurance against accidents and occupational
           Member State, according to their respective                                                   diseases)
           powers, to take all the general or particular                                              ( 97/C 9/11 )
           measures necessary to ensure that projects are
           examined in order to determine whether they are
           likely to have significant effects on the                                     (Language of the case: French)
           environment and, if so, to ensure that they are
           subject to an impact assessment.                                (Provisional translation; the definitive translation will be
                                                                                   published in the European Court Reports)
0 ) OJ No C 119 , 13 . 5 . 1995 , p . 8 .
( 2 ) OJ No L 175 , 5 . 7. 1985 , p. 40 .                               In Case C-76/95 : Commission of the European
                                                                        Communities ( Agents: Julian Currall, assisted by Jean-Luc
                                                                        Fagnart) v. Royale Beige SA ( Counsel: Francois van der
                                                                        Mensbrugghe ) — application for an order that the insurers
                                                                        pay the Commission the lump sum allegedly due from the