CELEX: C1997/131/26
Language: en
Date: 1997-04-26 00:00:00
Title: Action brought on 7 March 1997 by the Commission of the European Communities against the Grand Duchy of Luxembourg (Case C-100/97)

No C 131/10            r EN                     Official Journal of the European Communities                                     26 . 4 . 97
Pleas in law and main arguments adduced in support:                            country ( Denmark ), travels to a third EU country
                                                                                ( England ), where the person suffers injury, to receive
                                                                                hospital treatment free-of-charge in the second EU
The pleas in law and main arguments are the same as                            country ( Denmark ) for the injury suffered, where the
those in Case C-56/97 (2 ); the period prescribed by the                        hospital treatment has been interrupted by the citizen
Directive expired on 23 July 1993 .                                             returning to Denmark where the hospital treatment is
                                                                                continued ? It is assumed that what is involved is a
                                                                                continuous course of treatment.
(') OJ No L 228 , 17. 8 . 1991 , p . 70 .
( 2 ) OJ No C 108 , 5 . 4 . 1997, p . 12 .
                                                                           (') OJ, English Special Edition 1971 ( II ), p. 416 .
Reference for a preliminary ruling from Retten i Arhus, by
a letter of 5 March 1997 in the case of Elly Bach v. Arhus
                             Amtskommune                                   Reference for a preliminary ruling from the
                                                                           Oberlandesgericht Wien by order of that court of
                             ( Case C-97/97)                               28 February 1997 in the case of Verein zur Forderung des
                               ( 97/C 131 /24 )                            freien Wettbewerbs im Medienwesen v. TV Spielfilm
                                                                                              Verlag Gesellschaft mbH
                                                                                                    ( Case C-99/97 )
Reference has been made to the Court of Justice of the                                                ( 97/C 131 /25 )
European Communities by letter of 5 March 1997 from
 Retten i Arhus (Arhus Court), which was received at the
 Court Registry on 7 March 1997, for a preliminary ruling
 in the case between Elly Bach and Arhus Amtskommune
                                                                           Reference has been made to the Court of Justice of
 on the following questions :
                                                                           the European Communities by an order of the
                                                                           Oberlandesgericht Wien ( Higher Regional Court, Vienna )
                                                                           of 28 February 1997, which was received at the Court
 1 . In the application of Article 31 of Regulation ( EEC )                Registry on 7 March 1997, for a preliminary ruling in the
       No 1408/71           and Annex VI thereto, point B ( 2 ),           case of Verein zur Forderung des freien Wettbewerbs im
       should that provision, including the requirement as                 Medienwesen v. TV Spielfilm Verlag Gesellschaft mbH on
       regards a stay, be interpreted strictly according to its            the following question:
       wording, or may the provision be interpreted as
       meaning that an EU citizen is always entitled to
       medical treatment free-of-charge in one Member State,
       even if the injury occurred, and the first part of the               Is Article 30 of the EC Treaty to be interpreted as
       medical treatment was given, in another Member                       precluding application of legislation of Member State A
       State ?                                                              prohibiting an undertaking established in Member State B
                                                                            from selling in Member State A a periodically published
                                                                            magazine produced in Member State B if it contains prize
       In the reply, it should be assumed that what is                      puzzles or competitions which are lawfully organized in
       involved is a continuous course of treatment which                   Member State B ?
       was interrupted in one Member State and continued in
       another. It is thus not a question of follow-up
       treatment .
  2 . May the term 'reside' in Article 31 be interpreted
       purposively in order to cover an EU country where a
       citizen, under other EU legislation, lawfully stays for              Action brought on 7 March 1997 by the Commission of
       up to six months of the year in a summer house                       the European Communities against the Grand Duchy of
       property ? It should be noted that the stay is not of an                                          Luxembourg
        occupational character, and that the citizen is not                                           Case C-100/97 )
        registered in that country.
                                                                                                        ( 97/C 131 /26
   3 . Regardless of the scope of Article 31 in Regulation
        No 1408/71 , is not Annex VI, point B ( 2 ), per se a
        sufficient basis for a citizen resident in one EU country            An action against the Grand Duchy of Luxembourg was
        ( Spain ), who, during a holiday stay in another EU                  brought before the Court of Justice of the European
 ---pagebreak--- 26 . 4 . 97             EN                   Official Journal of the European Communities                               No C 131 / 11
Communities on 7 March 1997 by the Commission of the                    Pleas in law and main arguments adduced in support:
European Communities, represented by Gerard Berscheid,
of its Legal Service, acting as Agent, with an address for              The pleas in law and main arguments are the same as
service in Luxembourg at the office of Carlos Gomez de la               those in Case C-56/97 ( 3 ); the time-limits expired on
Cruz, Wagner Centre, Kirchberg.                                         1 March 1995 and 1 January 1995 respectively.
                                                                        (') OJ No L 104, 23 . 4 . 1994, p . 32 .
The Commission of the European Communities claims                       ( 2 ) OJ No L 201 , 4 . 8 . 1994 , p . 26 .
that the Court should :                                                 ( 3 ) OJ No C 108 , 5 . 4 . 1997, p . 12 .
— declare that, by failing to bring into force within the
     time-limits laid down the laws, regulations and
     administrative provisions necessary in order to comply
     with Commission Directive 94/1 6/EC of 22 April 1994                        Removal from the register of Case C-29/96 ( 1 )
     amending Council Directive 74/63/EEC on undesirable                                              ( 97/C 131 /27 )
     substances and products in animal nutrition              and
     Council Directive 94/42/EC of 27 July amending
     Directive 64/432/EEC on health problems affecting                  By order of 19 February 1997 the President of the Fifth
     intra-Community trade in bovine animals and                        Chamber of the Court of Justice of . the European
     swine ( 2 ), the Grand Duchy of Luxembourg has failed              Communities has ordered the removal from the register of
     to fulfil its obligations under Article 2 of Directive 96/         Case C-29/96 ( reference for a preliminary ruling from the
     16/EC and Article 2 of Directive 94/42/EC,
                                                                        High Court of Justice in Northern Ireland, Queen's Bench
                                                                        Division ( United Kingdom)): Norbrook Laboratories Ltd
                                                                        v. Ministry of Agriculture, Fisheries and Food.
— order the Grand Duchy of Luxembourg to pay the
     costs .                                                            (') OJ No C 95 , 30 . 3 . 1996 .
                                                       COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                               Glesener, against Commission of the European
                                                                        Communities ( Agent: Gerard Berscheid ) — application for
                        of 30 January 1997                              annulment of Article 1 ( 4 ) of Regulation ( EC ) No 455/95
                                                                        of 28 February 1995 amending Regulations ( EEC )
in    Case    T-117/95 :     Corman    v.   Commission    of   the
                                                                        No 1547/87 and ( EEC ) No 1589/87 as regards the
                     European Communities (')                           buying-in of butter by the intervention agencies and
                                                                        Regulations ( EEC ) No 2191 /81 and ( EEC ) No 570/88 as
 (Action for annulment — Regulations (EEC) No 570/88
and (EC) No 455/95 — Aid for butter for use in the
                                                                        regards the grant of aid for the purchase and sale of butter
                                                                        at a reduced price to certain categories of consumers and
manufacture of certain categories of products —
Definition of butter — Definition of intermediate product
                                                                        industries ( OJ No L 46, 1 . 3 . 1995 , p. 31 ), the Court of
                                                                        First Instance ( Fifth Chamber), composed of: R. Garcfa­
— Legal interest in bringing proceedings —
                                                                        Valdecasas, President, J. Azizi and M. Jaeger, Judges; J.
                          Inadmissibility)
                                                                        Palacio Gonzalez, Administrator, for the Registrar, has
                           ( 97/C 131 /28 )                             given a judgment on 30 January 1997 in which it:
                                                                         1 . dismisses the application as inadmissible;
                   (Language of the case: French)
                                                                         2 . orders the applicant to pay the costs.
In Case T-117/95 N. Corman SA, established in Goe­                       C ) OJ No C 208 , 12 . 8 . 1995 .
Limbourg ( Belgium ), represented by Lucette Defalque, of
the Brussels Bar, with an address for service in
Luxembourg at the office of Fiduciaire Myson Sari, 1 Rue