CELEX: C1995/315/02
Language: en
Date: 1995-11-25 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 October 1995 in Case C-104/94: (reference for a preliminary ruling from the Tribunale Civile e Penale di Ravenna): Cereol Italia Srl v. Azienda Agricola Castello Sas (System of aid for soya production - Penalty for inaccurate information in the cultivation contract)

25 . 11 . 95          EN                 Official Journal of the European Communities                                  No C 315/ 1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                        COURT OF JUSTICE
              JUDGMENT OF THE COURT                                       use of a language easily understood by purchasers, from
                       ( Fifth Chamber )                                  requiring the use ofa language which is that most widely
                                                                          spoken in the area in which the product is offered for
                     of 12 October 1995
                                                                          sale, even ifthe use at the same time ofanother language
in Case C-85 /94 ( reference for a preliminary ruling from the            is not excluded.
Hof van Beroep ): Groupement des Producteurs,
Importateurs et Agents Généraux d'Eaux Minérales                     2 . All the compulsory particulars specified in Directive
        Etrangères , VZW ( Piageme ) v. Peeters NV (')                    79/1 12/EEC must appear on the labelling in a language
(Consumer protection — Labelling of mineral waters —                      easily understood by consumers in the State or region
                           Language)                                      concerned or by means of other measures such as
                         (9 SIC 315/01 )                                  designs, symbols or pictograms. The ease with which the
                                                                          information supplied can be understood must be
                                                                          assessed in the light of all the circumstances in each
                (Language of the case: Dutch)                             individual case .
                                                                     (') O J No C 120 , 30 . 4 . 1994 .
(Provisional translation : the definitive translation will be
         published in the European Court Reports)
In Case C-85/94 : reference to the Court under Article 177 of
the EC Treaty by the Hof van Beroep , Brussels, for a                               JUDGMENT OF THE COURT
preliminary ruling in the proceedings pending before that
court between Groupement des Producteurs , Importateurs                                       ( Fifth Chamber )
et Agents Généraux d'Eaux Minérales Etrangeres, VZW                                         of 12 October 1995
( Piageme ) and Peeters NV on the interpretation of
Articles 30 , 128 and 129a of the EC Treaty and Article 14 of
                                                                     in Case C-104/94 : ( reference for a preliminary ruling from
Council Directive 79/ 1 12/EEC of 18 December 1978 on the
                                                                     the Tribunale Civile e Penale di Ravenna ) : Cereol Italia Sri v.
                                                                                    Azienda Agricola Castello Sas (')
approximation of the laws of the Member States relating to
the labelling, presentation and advertising of foodstuffs for        (System ofaid for soya production — Penalty for inaccurate
sale to the ultimate consumer ( OJ 1979 L 33 , p. 1 ) — the                      information in the cultivation contract)
Court ( Fifth Chamber ), composed of: D. A. O. Edward                                           ( 95/C 315/02 )
( Rapporteur ), President of the Chamber, J. C. Moitinho de
Almeida , C. Gulmann, P. Jann and L. Sevón , Judges; G.                               (Language of the case: Italian)
Cosmas, Advocate-General ; H. A. Rühl , Principal
Administrator, for the Registrar, gave a judgment on
12 October 1995 , in which it ruled :                                (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
1 . Article 14 of Council Directive 79/112/EEC of                    In Case C-104/94 : reference to the Court under Article 177
     ? 8 December 7 978 on the approximation of the laws of          of the EC Treaty by the Tribunale Civile e Penale di Ravenna
     the Member States relating to the labelling, presentation       ( Civil and Criminal Court, Ravenna ) for a preliminary
     and advertising of foodstuffs for sale to the ultimate          ruling in the proceedings pending before that court between
     consumer precludes a Member State, with regard to the           Cereol Italia Sri and Azienda Agricola Castello Sas — on the
 ---pagebreak--- No C 315 /2            EN                 Official Journal of the European Communities                                   25 . 11 . 95
interpretation of Council Regulation ( EEC ) No 1491 /85 of          Enrique Gonzalez Diaz ) v. Kingdom of Spain ( Agents :
23 May 1985 laying down special measures in respect of               Alberto Jose Navarro Gonzalez and Gloria Calvo Diaz ) —
soya beans ( OJ 1985 L 151 , p. 15 ), of Council Regulation          application for a declaration that, by failing to adopt or to
( EEC ) No 2194/85 of 25 July 1985 adopting general rules            communicate to the Commission the laws, regulations and
concerning special measures for soya beans ( OJ 1985 L 204 ,         administrative provisions necessary to comply with the
p. 1 ), and of Commission Regulation ( EEC ) No 2537/89 of           second Council Directive 90/619/EEC of 8 November 1990
8 August 1989 laying down detailed rules for the                     on the coordination of laws, regulations and administrative
application of the special measures for soya beans ( OJ 1989         provisions relating to direct life insurance, laying down
L 245 , p. 8 ), as amended by Commission Regulation ( EEC )          provisions to facilitate the effective exercise of freedom to
No 150/90 of 19 January 1990 ( OJ 1 990 L 18 , p. 10 ) — the         provide services and amending Directive 79/267/EEC ( OJ
Court ( Fifth Chamber ), composed of: D. A. O. Edward,                1 990 L 330 , p. 50 ), the Kingdom of Spain has failed to fulfil
President of the Chamber, J. C. Moitinho de Almeida , C.             its obligations under the EC Treaty — the Court ( Sixth
Gulmann ( Rapporteur ), P. Jann and L. Sevon, Judges; C. O.          Chamber ), composed of: G. Hirsch , President of the Second
Lenz, Advocate-General ; L. Hewlett, Administrator, for the          Chamber acting as President of the Sixth Chamber, G. F.
Registrar, gave a judgment on 12 October 1995 , the                  Mancini ( Rapporteur ), F. A. Schockweiler, J. L. Murray,
operative part of which is as follows :                              and H. Ragnemalm, Judges; C. O. Lenz, Advocate-General ;
                                                                     R. Grass , Registrar, gave a judgment on 12 October 1 995 , in
                                                                     which it :
1 . Examination of the first four questions referred for a
     preliminary ruling has revealed nothing capable of
     affecting the validity of Article 29a of Commission             1 . Declares that, by failing to bring into force within the
     Regulation No 2537/89 of 8 August 1989 laying down                   prescribed period the laws, regulations and
     detailed rules for the application of the special measures           administrative provisions necessary to comply with the
     for soya beans, as amended by Commission Regulation                  second Council Directive 90/619/EEC of 8 November
     (EEC) No 150/90.                                                     1990 on the coordination of laws, regulations and
                                                                          administrative provisions relating to direct life
2 . Article 6 (3) of Regulation (EEC) No 2537/89, as                      insurance, laying down provisions to facilitate the
     amended, must be understood as meaning that soya                     effective exercise of freedom to provide services and
     producers must notify the competent agency of any                    amending Directive 79/267/EEC, the Kingdom of Spain
     change in the areas indicated in the cultivation contract,           has failed to fulfil its obligations under the EC
     in particular any reduction in those areas, even if it is            Treaty;
     attributable to natural occurrences, such as heavy
     rainfall, where such a change occurs before the lodging
                                                                     2 . Orders the Kingdom of Spain to pay the costs.
     of the contract, as well as all changes which occur after
     lodging of the cultivation contract and which ,
     individually or collectively, involve more than 10% of          (•) O J No C 288 , 15 . 10 . 1994 .
     the areas indicated in the cultivation contract and more
     than one hectare .
(M Ol No C 146 , 28 . 5 . 1994 .
                                                                                    JUDGMENT OF THE COURT
                                                                                             of 17 October 1995
                                                                     in Case C-450/93 ( reference for a preliminary ruling from
                JUDGMENT OF THE COURT                                the Bundesarbeitsgericht ): Eckhard Kalanke v. Freie
                        ( Sixth Chamber)                                                   Hansestadt Bremen (')
                      of 12 October 1995                              (Equal treatment of men and women — Directive
                                                                      76/207/EEC — Article 2 (4) — Promotion — Equally
in    Case    C-242/94 :     Commission     of the    European
            Communities v. Kingdom of Spain (')                      qualified candidates of different sexes — Priority given to
                                                                                                    women)
 (Failure to fulfil obligations — Directive 90/619/EEC —                                        ( 95/C 315/04 )
                      Failure to transpose)
                          ( 95/C 315/03 )
                                                                                     (Language of the case: German)
                 (Language of the case: Spanish)
                                                                      (Provisional translation; the definitive translation will be
 (Provisional translation; the definitive translation will be                 published in the European Court Reports)
          published in the European Court Reports)
                                                                      In Case C-450/93 : reference to the Court under Article 177
 In   Case     C-242/94 :    Commission     of  the   European        of the EC Treaty from the Bundesarbeitsgericht ( Federal
 Communities ( Agents : Dimitrios Gouloussis and Francisco            Labour Court) for a preliminary ruling in the proceedings