CELEX: C1998/151/01
Language: en
Date: 1998-05-16 00:00:00
Title: JUDGMENT OF THE COURT of 10 March 1998 in Case C-122/95: Federal Republic of Germany, supported by Kingdom of Belgium v. Council of the European Union, supported by Kingdom of Spain, French Republic and Commission of the European Communities (Framework Agreement on bananas - GATT 1994 - Final Act)

16.5.98             EN                   Official Journal of the European Communities                                    C 151/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
             JUDGMENT OF THE COURT                                   bananas with the Republic of Costa Rica, the Republic of
                                                                     Colombia, the Republic of Nicaragua and the Republic of
                     of 10 March 1998
                                                                     Venezuela Ð the Court, composed of: G. C. Rodríguez
in Case C-122/95: Federal Republic of Germany,                       Iglesias, President, C. Gulmann, M. Wathelet, R.
supported by Kingdom of Belgium v. Council of the                    Schintgen (Rapporteur) (Presidents of Chambers), G. F.
European Union, supported by Kingdom of Spain,                       Mancini, P. J. G. Kapteyn, J. L. Murray, D. A. O. Edward,
French Republic and Commission of the European                       J.-P. Puissochet, G. Hirsch and P. Jann, Judges; M. B.
                      Communities (1)                                Elmer, Advocate-General; H. A. Rühl, Principal
                                                                     Administrator, for the Registrar, has given a judgment on
(Framework Agreement on bananas Ð GATT 1994 Ð                        10 March 1998, in which it:
                         Final Act)
                       (98/C 151/01)
                                                                     1. annuls the first indent of Article 1(1) of Council
                                                                          Decision 94/800/EC of 22 December 1994 concerning
                                                                          the conclusion on behalf of the Community, as regards
             (Language of the case: German)
                                                                          matters within its competence, of the agreements
                                                                          reached in the Uruguay Round multilateral
                                                                          negotiations (1986Ð94), to the extent that the
                                                                          Council thereby approved the conclusion of the
 (Provisional translation; the definitive translation will be
                                                                          Framework Agreement on bananas between the
        published in the European Court Reports)
                                                                          European Community and the Republic of Costa Rica,
                                                                          the Republic of Colombia, the Republic of Nicaragua
                                                                          and the Republic of Venezuela, in so far as that
In Case C-122/95: Federal Republic of Germany (Agents:                    Framework Agreement exempts Category B operators
E. Röder and B. Kloke), supported by Kingdom of                           from the export-licence system for which it provides;
Belgium (Agent: J. Devadder) v. Council of the European
Union (Agents: R. Bandilla, A. Brautigam and J.-P. Hix),
supported by Kingdom of Spain (Agents: A. Navarro
                                                                     2. for the rest, dismisses the application;
GonzaÂlez and R. Silva de Lapuerta), French Republic
(Agents: C. de Salins and G. Mignot) and Commission of
the European Communities (Agents: T. Christoforou and
U. Wölker) Ð application for annulment of the first                  3. orders the parties, including the interveners, to bear
indent of Article 1(1) of Council Decision 94/800/EC of                   their own costs.
22 December 1994 concerning the conclusion on behalf of
the European Community, as regards matters within its
competence, of the agreements reached in the Uruguay                 (1) OJ C 174, 8.7.1995.
Round multilateral negotiations (1986Ð94) (OJ L 336,
23.12.1994, p. 1), to the extent that the Council thereby
approved the conclusion of the Framework Agreement on