CELEX: C1997/357/19
Language: en
Date: 1997-11-22 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 16 October 1997 in Case C-177/96 (reference for a preliminary ruling from the Rechtbank van Eerste Aanleg te Antwerpen): Belgian State v. Banque Indosuez and Others and European Community (Dumping - Sheets or plates, of iron or steel, originating in Yugoslavia - Declaration of independence of the Former Yugoslav Republic of Macedonia - Legal certainty)

22 . 11 . 97             EN                   Official Journal of the .European Communities                                     C 357/ 11
     only that it recognizes the rights of doctors established            The anti-dumping duties imposed pursuant to Article 1 of
     in practice there, under Council Directive 75/362/EEC                Commission Decision No 2131 /88/ECSC of 18 July 1988
     of 16 June 1975 concerning the mutual recognition of                 — imposing a definitive anti-dumping duty on imports of
     diplomas, certificates and other evidence of formal                  certain sheets and plates, of iron or steel, originating in
     qualifications in medicine, including measures to                    Yugoslavia and definitively collecting the provisional anti­
     facilitate the effective exercise of the right of                    dumping duty imposed on those imports — on imports of
     establishment and freedom to provide services, before                certain steel products 'originating in Yugoslavia ' also
     1 January 1995 to practise general medicine under its                apply to products of that kind manufactured by a
     national social security scheme, even if they have no                producer/exporter who had been established in the
     specific training in general medical practice and have               Socialist Federal Republic of Yugoslavia, but was in fact
     not established a service relationship with that State 's            — by reason of the Former Yugoslav Republic of
     social security scheme.                                              Macedonia 's declaration of independence — situated in
                                                                          the FYROM at the time when the products in question
                                                                          were imported.
(') OJ C 145 , 18 . 5 . 1996 .
                                                                          (>) OJ C 233 , 10 . 8 . 1996 .
               JUDGMENT OF THE COURT
                           ( Sixth Chamber)                                              JUDGMENT OF THE COURT
                         of 16 October 1997                                                         (Fourth Chamber)
                                                                                                   of 16 October 1997
in Case C- 177/96 ( reference for a preliminary ruling from
the Rechtbank van Eerste Aanleg te Antwerpen): Belgian                    in Case C-304/96 (reference for a preliminary ruling from
State v. Banque Indosuez and Others and European                          the Tribunale Amministrativo Regionale della Liguria):
                             Community (')                                Hera SpA v. Unità Sanitaria Locale No 3 — Genovese
                                                                                     ( USL ) and Impresa Romagnoli SpA (*)
(Dumping — Sheets or plates, of iron or steel, originating
in Yugoslavia — Declaration of independence of the                        (Directive     93/37/EEC — Public procurement                —
Former Yugoslav Republic of Macedonia — Legal                                                  Abnormally low tenders)
                                certainty)
                                                                                                      ( 97/C 357/20 )
                             ( 97/C 357/ 19 )
                                                                                          (Language of the case: Italian)
                 (Language of the case: Dutch)
                                                                            (Provisional translation; the definitive translation will be
                                                                                   published in the European Court Reports)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                          In Case C-304/96 : reference to the Court under Article 177
                                                                          of the EC Treaty from the Tribunale Amministrativo
In Case C- 177/96 : reference to the Court under Article 177              Regionale ( Regional Administrative Court), Liguria ( Italy ),
of the EC Treaty from the Rechtbank van Eerste Aanleg                     for a preliminary ruling in the proceedings pending before
( Court of First Instance ), Antwerp ( Belgium ), for a                   that court between Hera SpA and Unita Sanitaria Locale
preliminary ruling in the proceedings pending before that                 No 3 — Genovese ( USL ) and Impresa Romagnoli SpA —
court between Belgian State and Banque Indosuez and                       on the interpretation of Article 30 (4 ) of Council Directive
Others and European Community — on the interpretation                     93/37/EEC of 14 June 1993 concerning the coordination
of Commission Decision No 2131/88/ECSC of 18 July                         of procedures for the award of public works contracts ( OJ
1988 imposing a definitive anti-dumping duty on imports                   L 199, 9 . 8 . 1983 , p. 54 ) — the Court ( Fourth Chamber),
of certain sheets and plates, of iron or steel, originating in            composed of: H. Ragnemalm ( Rapporteur), President of
Yugoslavia and definitively collecting the provisional anti­              the Chamber, P. J. G. Kapteyn and J. L. Murray, Judges;
dumping duty imposed on those imports ( OJ L 188 , 19 . 7.                C. O. Lenz, Advocate-General; R. Grass, Registrar, has
1988 , p. 14 ) — the Court ( Sixth Chamber ), composed of:                given a judgment on 16 October 1997, in which it has
                                                                          ruled :
H. Ragnemalm, President of the Chamber, R. Schintgen,
G. F. Mancini, P. J. G. Kapteyn ( Rapporteur ) and G.
Hirsch, Judges; F. G. Jacobs, Advocate-General; R. Grass,
Registrar, has given a judgment on 16 October 1997, in                    Article 30 (4) of Council Directive 93/37/EEC of 14 June
which it has ruled :                                                      1993 concerning the coordination of procedures for the