CELEX: C1996/077/04
Language: en
Date: 1996-03-16 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 11 January 1996 in Case C-480/93 P: Zunis Holding SA and Others v. Commission of the European Communities (Appeals - Competition - Merger control - Admissibility of an action for annulment of a decision refusing to re-open the procedure)

16 . 3 . 96           EN                   Official Journal of the European Communities                                   No C 77/3
               JUDGMENT OF THE COURT                                  Netherlands ( Agents : J. W. de Zwaan and J. S. van den
                         ( Fifth Chamber)                             Oosterkamp ) — application for a declaration that, by
                                                                      adopting on 19 September 1990 an order derogating from
                      of 11 January 1996                              the Margarinebesluit without notifying it to the
in Case C-480/93 P: Zunis Holding SA and Others v.                    Commission at the drafting stage, the Kingdom of the
        Commission of the European Communities (')                    Netherlands has failed to fulfil its obligations under Article 8
(Appeals — Competition — Merger control —                             of Council Directive 83/189/EEC of 28 March 1983 laying
Admissibility of an action for annulment of a decision                down a procedure for the provision of information in the
              refusing to re-open the procedure)                      field of technical standards and regulations ( OJ No L 109,
                                                                      1983 , p. 8 ), as amended by Council Directive 88/ 182/EEC
                            ( 96/C 77/04 )                            of 22 March 1988 ( OJ No L 81 , 1988 , p. 75 ), — the Courth
                                                                      ( Sixth Chamber ), composed of G. Hirsch, acting for the
                (Language of the case: English)                       President of the Chamber, G. F. Mancini , F. A.
                                                                      Schockweiler, J. L. Murray and H. Ragnemalm
                                                                      ( Rapporteur), Judges; Advocate General : D. Ruíz-Jarabo
In Case C-480/93 P, Zunis Holding SA, Finan SRL and                   Colomer; Registrar: D. Louterman-Hubeau, Principal
Massinvest SA ( represented by Nicholas Forwood QC and                Administrator, gave a judgment on 11 January 1996 , in
Stanley Crossick ) — appeal against the judgment of the               which it :
Court of First Instance of the European Communities
( Second Chamber ) of 28 October 1993 in Case T-83/92
                                                                      1 . Declares that, by adopting on 19 September 1990 an
Zunis Holding and Others v. Commission [ 1 993 ] ECR
11-1169, seeking to have that judgment set aside, the other                order derogating from the Margarinebesluit without
party to the proceedings being the Commission of the                       notifying it to the Commission at the drafting stage, the
European Communities ( Agents : Giuliano Marenco and                       Kingdom of the Netherlands has failed to fulfil its
Richard Lyal ) — the Court ( Fifth Chamber ), composed of                  obligations under Article 8 of Council Directive
D. A. O. Edward , President of the Chamber, J. -P.                         83/189/EEC of 28 March 1983 laying down a
                                                                           procedure for the provision ofinformation in the field of
Puissochet ( Rapporteur ), J. C. Moitinho de Almeida ,
C. Gulmann and P. Jann, Judges; C. O. Lenz, Advocate
                                                                           technical standards and regulations.
General; L. Hewlett, Administrator, for the Registrar, has
given a judgment on 11 January 1996 , in which it:                    2 . Orders the Kingdom of the Netherlands to pay the
                                                                           costs .
1 . Dismisses the appeal.
                                                                      (') Of No C 331 , 26 . 11 . 1994 .
2 . Orders the appellants to pay the costs.
(') OJ No C 59 , 26 . 2 . 1994 .
                                                                                     JUDGMENT OF THE COURT
                                                                                             of 16 January 1996
                                                                      in Case C-130/91 REV II ISAE/VP ( Instituto Social de
                                                                      Apoio ao Emprego e a Valorização Profissional) and Others
               JUDGMENT OF THE COURT                                      v. the Commission of the European Communities ( l )
                         ( Sixth Chamber )                                     (Application for revision — Inadmissibility)
                                                                                                 ( 96/C 77/06 )
                      of 11 January 1996
in Case      C-273/94: Commission of the              European
      Communities v. Kingdom of the Netherlands ( 1 )                               (Language of the case: Portuguese)
(Failure of a Member State to fulfil its obligations —
Obligation to give prior notification under Directive                 (Provisional translation; the definitive translation will be
                            83/189/EEC)                                         published in the European Court Reports)
                            ( 96/C 77/05 )
                                                                      In Case C-130/91 REV II : ISAE/VP ( Instituto Social de
                                                                      Apoio ao Emprego e a Valorização Profissional ) and
                 (Language of the case: Dutch)                        Interdata ( Centro de Processamento de Dados Limidada )
                                                                      ( represented by Agostinho Amado Rodrigues ) v. the
(Provisional translation; the definitive translation will be          Commission of the European Communities ( Agent: Ana
          published in the European Court Reports)                    Maria Alves Vieira ) — application for revision of the order
                                                                      of the Court of Justice of 14 January 1992 in Case C-130/91
                                                                      ISAE/VP and Interdata v. Commission [ 1992] ECR 1-69, the
In Case C-273/94 : Commission of the European                         Court, composed of G. C. Rodriguez Iglesias, President,
Communities ( Agent: H. van Lier ) v. Kingdom of the                  C. N. Kakouris, D. A. O. Edward, J. -P. Puissochet and