CELEX: C1997/166/05
Language: en
Date: 1997-05-31 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 15 April 1997 in Case C-292/95: Kingdom of Spain v. Commission of the European Communities (Action for annulment - Framework on State aid to the motor vehicle industry - Retroactive prolongation - Article 93 (1) of the EC Treaty)

31 . 5 . 97            EN                   Official Journal of the European Communities                                  No C 166/3
2 . The competent veterinary authority of the Member                   1 . Article 2 (1 ) and (4) of Commission Regulation (EEC)
      State of origin may, under Council Directive 89/608/                  No 1624/76 of 2 July 1976 concerning special
      EEC of 21 November 1989 on mutual assistance                          arrangements for the payment of aid for skimmed­
      between the administrative authorities of the Member                  milk powder denatured or processed into compound
      States and cooperation between the latter and the                     feedingstuffs in the territory of another Member State,
      Commission to ensure the correct application of                       as amended by Article 1 of Commission Regulation
      legislation on veterinary and zootechnical matters,                   (EEC) No 1726/79 of 26 July 1979, and Article 10 of
      seek the assistance of the competent veterinary                       Commission Regulation (EEC) No 1725/79 of 26 July
      authority of the Member State of importation, without                 1979 on the rules for granting aid to skimmed milk
      such a request affecting the right of the official                    processed into compound feedingstuffs and skimmed­
      veterinarian in the Member State of origin to                         milk powder intended for feed for calves, in
      designate, for the purposes of the heat treatment to be               conjunction with Article 34 of the EC Treaty, preclude
      carried out, an establishment in the Member State of                  systematic inspections to verify compliance with the
      importation.                                                          conditions as to the composition and quality of
                                                                            skimmed-milk powder intended for processing into
O OJNoC 159,24 . 6 . 1995 .                                                 compound feedingstuffs in another Member State on
                                                                            which entitlement to export refunds depends, where
                                                                            those inspections are carried out, with a view to
                                                                            subsequent export of the goods inspected, inside the
                                                                            exporting State and not at the frontier. However, those
                                                                            provisions do not preclude such inspections if they are
                                                                            carried out only by means of spot checks.
                JUDGMENT OF THE COURT
                        ( Fourth Chamber)
                                                                       2 . A charge levied in respect of systematic inspections
                          of 15 April 1997                                  carried out inside the exporting State with a view to
in Case C-272/95 (reference for a preliminary ruling from                   subsequent export of the goods inspected constitutes a
the Bundesverwaltungsgericht ): Bundesanstalt für Land­                     charge having an effect equivalent to customs duties
wirtschaft und Ernährung v. Deutsches Milch-Kontor                          on exports, prohibited under Articles 9 and 12 of the
                               GmbH (M                                      EC Treaty, even if it corresponds to the actual cost of
                                                                            each inspection.
 (Aid for skimmed-milk powder — Systematic inspections
                     — Costs of inspections)
                                                                       O OJ No C 248 , 23 . 9 . 1995 .
                            ( 97/C 166/04 )
                 (Language of the case: German)
    (Provisional translation; the definitive translation will be
           published in the European Court Reports)                                   JUDGMENT OF THE COURT
                                                                                               ( Sixth Chamber)
In Case C-272/95 : reference to the Court under Article 177                                    of 15 April 1997
 of the EC Treaty from the Bundesverwaltungsgericht
 ( Federal Administrative Court) for a preliminary ruling in           in Case C-292/95 : Kingdom of Spain v. Commission of
 the proceedings pending before that court between                                      the European Communities ( ] )
 Bundesanstalt fur Landwirtschaft und Ernahrung and                     (Action for annulment — Framework on State aid to the
 Deutsches Milch-Kontor GmbH — on the interpretation                   motor vehicle industry — Retroactive prolongation —
 of Article 2 ( 1 ) and (4 ) of Commission Regulation ( EEC )                          Article 93 (1 ) of the EC Treaty)
 No 1624/76 of 2 July 1976 concerning special
                                                                                                  ( 97/C 166/05 )
 arrangements for the payment of aid for skimmed-milk
 powder denatured or processed into compound
 feedingstuffs in the territory of another Member State ( OJ                           (Language of the case: Spanish)
 No L 180, 1976 , p. 9 ), as amended by Article 1 of
 Commission Regulation ( EEC ) No 1726/79 of 26 July                      (Provisional translation; the definitive translation will be
  1979 ( OJ No L 199 , 1979 , p. 10 ), on the interpretation of
                                                                                 published in the European Court Reports)
 Article 10 of Commission Regulation (EEC ) No 1725/79
  of 26 July 1979 on the rules for granting aid to skimmed
  milk processed into compound feedingstuffs and skimmed­               In Case C-292/95 : Kingdom of Spain (Agents : Alberto
  milk powder intended for feed for calves ( OJ No L 199,               Navarro Gonzalez and Miguel Bravo-Ferrer Delgado ) v.
  1979 , p. 1 ) and on the interpretation of Articles 9, 12, 16         Commission of the European Communities ( Agents :
  and 95 of the EC Treaty — the Court ( Fourth Chamber),                Gerard Rozet and Francisco Enrique Gonzalez Diaz ) —
  composed of: J. L. Murray, President of the Chamber                   application for annulment of the Commission's decision,
  ( Rapporteur), C. N. Kakouris and P. J. G. Kapteyn,                   notified by letter of 6 July 1995 and published in the
 Judges; R Leger, Advocate-General; H. A. Riihl, Principal              Official Journal of the European Communities ( OJ No
  Administrator, for the Registrar, has given a judgment on             C 284, 1995 , p. 3 ), to prolong, with retroactive effect
  15 April 1997, in which it has ruled:                                 from 1 January 1995 , its decision of 23 December 1992
 ---pagebreak--- No C 166/4           | EN 1                  Official Journal of the European Communities                                       31 . 5 . 97
which had itself prolonged the validity of the Community                References for a preliminary ruling from the Landgericht
framework on State aid to the motor vehicle industry —                  München I by orders of that court of 8 January 1997 in
the Court ( Sixth Chamber), composed of: G. E Mancini,                  the cases of WSC Windsurfing Chiemsee Produktions- und
President of the Chamber, C. N. Kakouris, P. J. G.                      Vertriebs GmbH v. Boots- und Segelzubehör Walter Huber
Kapteyn, G. Hirsch and R. Schintgen ( Rapporteur),                      and WSC Windsurfing Chiemsee Produktions- und Ver­
Judges; C. O. Lenz, Advocate-General; D. Louterman-                                     triebs GmbH v. Franz Attenberger
Hubeau, Principal Administrator, for the Registrar, has                                   ( Cases C-108/97 and C-109/97)
given a judgment on 15 April 1997, in which it:
                                                                                                     ( 97/C 166/07 )
1 . annuls the Commission 's decision, notified by letter of
      6 July 1995, to prolong, with retroactive effect from             Reference has been made to the Court of Justice of the
      1 January 1995, the Commission decision of                        European Communities by two orders of the Landgericht
      23 December 1992 which had itself prolonged the                   München I ( Munich I Regional Court) of 8 January 1997,
      validity of the Community framework on State aid to               which were received at the Court Registry on 14 March
      the motor vehicle industry;                                       1997, for a preliminary ruling in the cases of WSC
                                                                        Windsurfing Chiemsee Produktions- und Vertriebs GmbH
                                                                        v. Boots- und Segelzubehör Walter Huber and WSC
2. orders the Commission to pay the costs.                              Windsurfing Chiemsee Produktions- und Vertriebs GmbH
                                                                        v. Franz Attenberger on the following questions:
0 ) OJ No C 299 , 11 . 11 . 1995 .
                                                                        1 . Questions on Article 3 ( 1 ) (c ) ('):
                                                                             Is Article 3 ( 1 ) (c ) to be understood as meaning that it
                                                                             suffices if there is a possibility of the designation being
                                                                             used to indicate the geographical origin, or must that
                   ORDER OF THE COURT                                        possibility be likely in the particular case ( in the sense
                          of 4 March 1997                                    that other such undertakings already use that word to
                                                                             designate the geographical origin of their goods of
in Case C-46/96: Federal Republic of Germany v.                              similar type, or at least that there are specific reasons
         Commission of the European Communities ( J )                        to believe that that may be expected in the foreseeable
                   (No need to give a decision)                              future ), or must there even be a need to use that
                                                                             designation to indicate the geographical origin of the
                             ( 97/C 166/06 )                                 goods in question, or must there in addition also be a
                                                                             qualified need for the use of that indication of origin,
                (Language of the case: German)                               for instance because goods of that kind, produced in
                                                                             that region, enjoy a special reputation ?
   (Provisional translation; the definitive translation will be
           published in the European Court Reports)                          Is it of significance for a broader or narrower
                                                                             interpretation of Article 3 ( 1 ) (c ) with respect to
                                                                             geographical indications of origin that the effects of
 In Case C-46/96 : Federal Republic of Germany ( Agent:                      the mark are restricted under Article 6 ( 1 ) ( b )?
 Ernst Röder) against Commission of the European
 Communities ( Agents: Anders Christian Jessen and Paul F.                   Do geographical indications of origin under Article 3
 Nemitz, with Hans-Jürgen Rabe and Georg M. Berrisch )                        ( 1 ) (c ) cover only those which relate to the
 — application for annulment of Decision C(95 ) 3319 final                   manufacture of the goods at that place, or does trade
 of the Commission of 29 November 1995 concerning                            in those goods at that place or from that place suffice,
 fiscal aid in the field of depreciation favouring German                    or in the case of the production of textiles does it
 undertakings — the Court, composed of G. C. Rodriguez                       suffice if they are designed in the region designated
 Iglesias, President, G. F. Mancini, J. C. Moitinho de                        but then manufactured under contract elsewhere ?
 Almeida, J. L. Murray and L. Sevón ( Presidents of
 Chambers ), J. -P. Puissochet, G. Hirsch, P. Jann
 ( Rapporteur), H. Ragnemalm, M. Wathelet and R.                         2 . Questions on the first sentence of Article 3 (3):
 Schintgen, Judges; Advocate-General, D. Ruiz-Jarabo
 Colomer; R. Grass, Registrar, made an order on 4 March                      What requirements follow from this provision for the
 1997, the operative part of which is as follows :                            registrability of a descriptive designation under
                                                                              Article 3 ( 1 ) ( c )?
 1 . There is no need to give a decision.
                                                                              In particular, are the requirements the same in all
                                                                              cases, or are the requirements different according to
 2 . The Commission shall pay the costs.                                      the degree of the need to leave free ?
  (') OJ No C 108 , 13 . 4 . 1996 .                                           Is in particular the view hitherto taken in the German
                                                                              case-law, namely that in the case of descriptive
                                                                               designations which need to be left free, trade