CELEX: C1997/074/02
Language: en
Date: 1997-03-08 00:00:00
Title: JUDGMENT OF THE COURT of 14 January 1997 in Case C-124/95 (reference for a preliminary ruling from the Court of Appeal): The Queen, ex parte: Centro-Com Srl v. HM Treasury and Bank of England (Foreign and security policy - Common commercial policy - Blocking of funds - Sanctions against the Republics of Serbia and Montenegro)

No C 74/2            | EN |               Official Journal of the European Communities                                      8 . 3 . 97
     insertion of the sponsor's name or logo at times other               national of Member State B from that latter State to
     than the beginning and/or the end of the programme.                  Serbia or Montenegro on the ground that Member
                                                                          State A allows payment for such exports to be made
                                                                          only if the exports take place from its own territory
(') OJ No C 386, 31 . 12 . 1994, and                                      and they have been authorized by its own competent
    OJ No C 74, 25 . 3 . 1995 .                                           authorities pursuant to Regulation (EEC) No 1432/92,
                                                                          when the goods in question have been classified by the
                                                                          United Nations Sanctions Committee as products
                                                                          intended for strictly medical purposes and the
                                                                          competent authorities of Member State B have issued
                                                                          export authorizations for them in accordance with
                                                                          Regulation (EEC) No 1432/92 .
                JUDGMENT OF THE COURT
                                                                     2 . National measures which prove to be contrary to the
                                                                          common commercial policy provided for in Article 113
                       of 14 January 1997                                 of the Treaty and to the Community Regulations
                                                                          implementing that policy are justified under Article 234
in Case C-124/95 (reference for a preliminary ruling from                 of the EEC Treaty only if they are necessary to ensure
the Court of Appeal ): The Queen, ex parte: Centro-Com                    that the Member State concerned performs its
         Sri v. HM Treasury and Bank of England (')                       obligations towards non-member countries under an
                                                                          agreement concluded prior to entry into force of the
(Foreign and security policy — Common commercial                          Treaty or prior to accession by that Member State.
policy — Blocking of funds — Sanctions against the
             Republics of Serbia and Montenegro)                     H OJ No C 174, 8 . 7. 1995 .
                           ( 97/C 74/02 )
                 (Language of the case: English)
                                                                                    JUDGMENT OF THE COURT
                                                                                           of 14 January 1997
In Case C-124/95 : reference to the Court under Article 177
of the EC Treaty by the Court of Appeal ( England and                in Case C-169/95 : Kingdom of Spain v. Commission of
Wales ) for a preliminary ruling in the proceedings pending                           the European Communities (')
before that court between the Queen, ex parte: Centro­               (State aids — Aid for the construction of a steel foundry
Com Sri, and HM Treasury and Bank of England on the                                 in the Province of Teruel, Spain)
interpretation of Articles 113 and 234 of the EC Treaty
and Council Regulation (EEC ) No 1432/92 of 1 June                                             ( 97/C 74/03 )
1992 prohibiting trade between the European Economic
Community and the Republics of Serbia and Montenegro
                                                                                     (Language of the case: Spanish)
( OJ No L 151 , 3 . 6 . 1992, p. 4 ), — the Court composed
of G. C. Rodriguez Iglesias, President, G. F. Mancini, J. C.
Moitinho de Almeida and J. L. Murray, Presidents of
                                                                       (Provisional translation; the definitive translation will be
Chamber, P. J. G. Kapteyn ( Rapporteur ), Advocate­
General; F. G. Jacobs, Registrar: H. A. Riihl, Principal
                                                                               published in the European Court Reports)
Administrar, has given a judgment on 14 January 1997, in
which it rules :                                                     In Case C-169/95 : Kingdom of Spain ( Agents: Alberto
                                                                     Jose Navarro Gonzalez and Gloria Calvo Diaz ) v.
                                                                     Commission of the European Communities ( Agents:
                                                                     Francisco Enrique Gonzalez Diaz and Paul Nemitz ) —
1 . The common commercial policy provided for in                     application for annulment of Commission Decision
     Article 113 of the EEC Treaty, as implemented by                95/438/EC of 14 March 1995 concerning investment aid
     Council Regulation (EEC) No 1432/92 of 1 June 1992              granted by Spain to the company Piezas y Rodajes SA, a
    prohibiting trade between the European Economic                  steel foundry located in Teruel province (Aragon ), Spain
     Community and the Republics of Serbia and                       ( OJ No L 257, 27. 10 . 1995 , p. 45 ), — the Court,
     Montenegro and by Council Regulation (EEC)                      composed of: G. C. Rodriguez Iglesias, President, J. C.
     No 2603/69 of 20 December 1969 establishing                     Moitinho de Almeida, J. L. Murray and L. Sevon,
     common rules for exports, precludes Member State A              Presidents of Chambers, P. J. G. Kapteyn, C. Gulmann,
    from adopting, for the purpose of ensuring effective             D. A. O. Edward, J.-P- Puissochet ( Rapporteur ), G.
     application of United Nations Security Council                  Hirsch, P. Jann and M. Wathelet, Judges; Advocate­
     Resolution 757 (1992) measures prohibiting Serbian              General : G. Tesauro; H. von Holstein, Deputy Registrar,
     or Montenegran funds located in its territory from              for the Registrar, has given a judgment on 14 January
     being released in order to pay for goods exported by a          1997, in which it: