CELEX: C1995/268/13
Language: en
Date: 1995-10-14 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 11 August 1995 in Case C-16/94 (reference for a preliminary ruling from the French Cour de Cassation): Édouard Dubois et Fils SA and Général Cargo Services SA v. Garonor Exploitation SA (Transit charge payable under a private contract - Charge having equivalent effect)

14 . 10 . 95           EN                  Official Journal of the European Communities                                 No C 268/7
4 , the 1 0 % margin of manoeuvre provided for in the first            costs arising from the performance by the customs and
     subparagraph of Article 25 (2) of Regulation (EEC)                veterinary services of their tasks as providers of services in
     No 1 785/81 relates to the A and B quotas allocated to an         the public interest even if it has not been imposed by the
     undertaking, within the framework of the quota system             State but arises from an agreement concluded by that
     in force, by a national decision taken by the Member              undertaking with its customers.
     State on the basis of Article 24 of that Regulation,
     sharing out among the undertakings operating in its
     territory the basic A and B quantities allocated to it;           (>) OJ No C 76 , 12 . 3 . 1994 .
5 , the term 'restructuring plans ' within the meaning of the
     second subparagraph of Article 25 (2) of Regulation
     (EEC) No 1785/81 , allowing quotas to be adjusted in
     Italy without the 10% limit applying, refers to plans
     concerning the sugar sector as a whole at national or
     regional level.
                                                                                     JUDGMENT OF THE COURT
(M OJ No C 59 , 26 . 2 . 1994 .
                                                                                                ( First Chamber )
                                                                                             of 11 August 1995
                                                                       in Case C-43/94 P: European Parliament v. Philippe
                                                                                                     Vienne H
                                                                       (Officiai — Daily subsistence allowance — Cumulative
                                                                                                      benefits)
                                                                                                  ( 95/C 268/14 )
               JUDGMENT OF THE COURT
                         ( Fifth Chamber)                                              (Language of the case: French)
                        of 11 August 1995
in Case C- 1 6/94 (reference for a preliminary ruling from the
French Cour de Cassation ): Édouard Dubois et Fils SA and               (Provisional translation; the definitive translation will be
Général Cargo Services SA v. Garonor Exploitation                                published in the European Court Reports)
                                SA (M
 (Transit charge payable under a private contract — Charge
                     having équivalent effect)                         In Case C-43/94 P : European Parliament ( agent: Ezio
                           ( 95/C 268/13 )                             Perillo ) — appeal against the judgment of the Court of First
                                                                       Instance of the European Communities ( Fourth Chamber )
                                                                        of 30 November 1993 in Case T-15/93 Vienne v . European
                                                                        Parliament [ 1993 ] ECR 11-1327, seeking to have that
                (Language of the case: French)                          judgment set aside — the other party to the proceedings
                                                                        being: Philippe Vienne, an official of the European
                                                                        Parliament, resident in Brussels, represented by Jean-Noël
 (Provisional translation; the definitive translation will be           Louis, of the Brussels Bar, with an address for service in
          published in the European Court Reports)                      Luxembourg at the office of SARL Fiduciaire Myson, 1 Rue
                                                                        Glesener — the Court ( First Chamber ), composed of: P.
                                                                       Jann ( Rapporteur ), President of the Chamber, D. A. O.
 In Case C- 1 6/94 : reference to the Court under Article 177 of        Edward and L. Sévon, Judges; P. Léger, Advocate-General;
 the EC Treaty from the French Cour de Cassation ( Court of             R. Grass, Registrar, has given a judgment on 11 August
 Cassation ) for a preliminary ruling in the proceedings                1995 , in which it:
 pending before that court between Édouard Dubois et Fils
 SA and Général Cargo Services SA and Garonor
 Exploitation SA — on the interpretation of Articles 9,12,13             1 , dismisses the appeal;
 and 16 of the EC Treaty — the Court ( Fifth Chamber ),
 composed of: C. Gulmann, President of the Chamber, P.
 Jann, J. C. Moitinho de Almeida, D. A. O. Edward                       2 , orders the Parliament to pay the costs.
 (Rapporteur) and L. Sévon, Judges; A. M. La Pergola,
 Advocate-General ; H. von Holstein, for the Registrar, has
 given a judgment on 11 August 1995, in which it rules:              , (!) OJ No C 76 , 12 . 3 . 1994 .
 Articles 9 and 12 of the EC Treaty apply to a transit charge
 designed to compensate a private undertaking for bearing