CELEX: C1999/333/04
Language: en
Date: 1999-11-20 00:00:00
Title: Judgment of the Court (Second Chamber) of 1 July 1999 in Case C-14/98 (reference for a preliminary ruling from the Pretura Circondariale di Torino): Battital Srl v Regione Piemonte (Plant health protection - Directive 77/93/EEC - Directive 92/76/EEC - Ban on the introduction into Italy of plants of the Citrus genus from non-member countries - Limitation in time)

20.11.1999                EN                      Official Journal of the European Communities                                             C 333/3
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                          (Second Chamber)
                                                                                                       (Sixth Chamber)
                             of 1 July 1999
in Case C-14/98 (reference for a preliminary ruling from                                                 of 8 July 1999
the Pretura Circondariale di Torino): Battital Srl v Regione
                              Piemonte (1)
                                                                             in Case C-49/92 P: Commission of the European Com-
                                                                                         munities v Anic Partecipazioni SpA (1)
(Plant health protection — Directive 77/93/EEC — Directi-
ve 92/76/EEC — Ban on the introduction into Italy of
plants of the Citrus genus from non-member countries —                       (Appeal — Commission’s Rules of Procedure — Procedure
                          Limitation in time)                                for the adoption of a decision by the College of Members
                                                                             of the Commission — Competition rules applicable to
                            (1999/C 333/04)                                  undertakings — Concepts of agreement and concerted prac-
                                                                             tice — Responsibility of an undertaking for an infringement
                                                                             as a whole — Attachment of liability for the infringement
                      (Language of the case: Italian)
                                                                                                            — Fine)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                                                     (1999/C 333/05)
In Case C-14/98: reference to the Court under Article 177
of the EC Treaty (now Article 234 EC) from the Pretura
Circondariale di Torino (District Magistrate’s Court, Turin),                                     (Language of the case: Italian)
Italy, for a preliminary ruling in the proceedings pending
before that court between Battital Srl and Regione Piemonte
— on the interpretation of Council Directive 77/93/EEC
of 21 December 1976 on protective measures against the                       (Provisional translation; the definitive translation will be published
introduction into the Member States of harmful organisms of                                      in the European Court Reports)
plants or plant products (OJ 1977 L 26, p. 20), as amended, in
particular, by Council Directive 91/683/EEC of 19 December
1991 (OJ 1991 L 376, p. 29) and Commission Directi-                          In Case C-49/92 P: Commission of the European Communities
ve 96/14/Euratom, ECSC, EC of 12 March 1996 (OJ 1996                         (Agent: G. Marenco) — Appeal against the judgment of the
L 68, p. 24), and of Commission Directive 92/76/EEC of                       Court of First Instance of the European Communities (First
6 October 1992 recognising protected zones exposed to                        Chamber) of 17 December 1991 in Case T-6/89 Enichem Anic
particular plant health risks in the Community (OJ 1992                      v Commission [1991] ECR II-1623, seeking to have that
L 305, p. 12), as amended by Commission Directive 95/40/EC                   judgment set aside, the other party to the proceedings being
of 19 July 1995 (OJ 1995 L 182, p. 14) and Commission                        Anic Partecipazioni SpA, formerly Anic SpA, then Enichem
Directive 96/15/EC of 14 March 1996 (OJ 1996 L 70, p. 35)                    Anic SpA, whose registered office is in Palermo, Italy, rep-
— the Court (Second Chamber), composed of: G. Hirsch,                        resented by M. Siragusa and G. Guarino, of the Rome Bar, and
President of the Chamber, G.F. Mancini and R. Schintgen                      G. Scassellati Sforzolini and F.M. Moretti, of the Bologna Bar,
(Rapporteur), Judges; F.G. Jacobs, Advocate General; H.A. Rühl,              with an address for service in Luxembourg at the Chambers of
Principal Administrator, for the Registrar, has given a judgment             Arendt & Medernach, 8-10 Rue Mathias Hardt — the Court
on 1 July 1999, in which it held:                                            (Sixth Chamber), composed of: P.J.G. Kapteyn, President of the
                                                                             Chamber, G. Hirsch, G.F. Mancini (Rapporteur), J.L. Murray
                                                                             and H. Ragnemalm, Judges; G. Cosmas, Advocate General;
The ban on importing fruits of the Citrus genus into the protected           H. von Holstein, Deputy Registrar, and D. Louterman-Hubeau,
zone Italy, set out in Article 4(2)(a) of Council Directive 77/93/EEC        Principal Administrator, for the Registrar, has given a judgment
of 21 December 1976 on protective measures against the introduc-             on 8 July 1999, in which it:
tion into the Member States of harmful organisms of plants or plant
products, ceased to apply in that Member State on 1 April 1996,
the date on which recognition of Italy as a protected zone under             1. Annuls point 1, second and third indents, of the operative part
Commission Directive 92/76/EEC of 6 October 1992 recognising                     of the judgment of the Court of First Instance of 17 December
protected zones exposed to particular plant health risks in the                  1991 in Case T-6/89 Enichem Anic v Commission;
Community came to an end by application of Commission Directi-
ve 95/40/EC of 19 July 1995 and Commission Directive 96/15/EC
of 14 March 1996.                                                            2. Dismisses Anic’s action against Commission Deci-
                                                                                 sion 86/398/EEC of 23 April 1986 relating to a proceeding
                                                                                 under Article 85 of the EEC Treaty (IV/31.149 — Polypropy-
Those directives preclude the application of national legislation which          lene), except to the extent that results from point 1, first indent,
keeps such a ban in force beyond that date.                                      of the operative part of that judgment;
(1) OJ C 72 of 7.3.1998.                                                     3. Sets the amount of the fine imposed on Anic Partecipazioni SpA,
                                                                                 formerly Anic SpA, then Enichem Anic SpA, in Article 3 of
                                                                                 Decision 86/398/EEC at the sum of ITL 662 215 500;