CELEX: C1995/087/05
Language: en
Date: 1995-04-08 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 23 February 1995 in Joined Cases C-54/94 and C-74/94 (reference for a preliminary ruling from the Pretura Circondariale, Macerata: criminal proceedings against Ulderico Cacchiarelli and Gino Stanghellini (Council Directives 76/895/EEC and 90/642/EEC - Maximum permissible levels of pesticide residues on or in potatoes)

8 . 4 . 95             EN                Official Journal of the European Communities                                  No C 87/3
de Almeida and J.L. Murray, Judges; G. Tesauro,                      products of plant origin, including fruit and vegetables (2) —
Advocate-General; D. Louterman-Hubeau, Principal                     the Court, composed of P.J.G. Kapteyn, President of the
Administrator, for the Registrar, gave a judgment on                 Chamber, C.N. Kakouris (Rapporteur) and J.L. Murray,
23 February 1995 , in which it rules:                                Judge; Advocate-General; C.O. Lenz, Registrar, R. Grass,
                                                                     gave a judgment on 23 February 1995 , whose operative part
                                                                     is as follows :
1 . rules which make the export of coins, banknotes or
      bearer cheques conditional upon a prior declaration or
      an    administrative   authorization   and      make      that Council Directive 90/642/EEC of 27 November 1990 on
      requirement subject to criminal penalties do not fall          the fixing ofmaximum levels for pesticide residues in and on
      within the scope of Articles 30 and 59 of the Treaty;          certain products of plant origin, including fruit and
                                                                     vegetables, does not preclude national legislation from
                                                                     setting maximum permissible levels for residues of
2. Articles 1 and 4 of Council Directive 88/361 /EEC of
                                                                     chlorpropham and propham on potatoes and providing for
      24 June 1 988 for the implementation ofArticle 67 ofthe        procedures for checking compliance with those levels,
      Treaty preclude the export ofcoins, banknotes or bearer        subject to the provisions of Articles 30 and 36 of the EC
      cheques being made conditional on prior authorization          Treaty.
      but do not by contrast preclude a transaction of that
      nature being made conditional on a prior declaration;
                                                                     ( x ) OJ No C 103 , 11 . 4 . 1994 .
                                                                     (2 ) OJ No L 350, 14 . 12 . 1990, p . 71 .
3 . Article 1 in conjunction with Article 4 of Directive
      88/361 /EEC may be relied on before national courts and
      render inapplicable national rules which conflict with
      those provisions.
(!) OJ No C 235 , 31 . 8 . 1993 . OJ No C 298 , 4 . 11 . 1993 .
(2 ) OJ No L 178 , 8 . 7. 1988 , p . 5 .
                                                                                   JUDGMENT OF THE COURT
                                                                                              of 7 March 1995
                                                                     in Case C-68/93 (reference for a preliminary ruling from the
                                                                     House of Lords ): Fiona Shevill, Ixora Trading Inc.,
                                                                     Chequepoint SARL, Chequepoint International Ltd v.
                                                                                           Presse Alliance SA (*)
                JUDGMENT OF THE COURT
                                                                     (Brussels Convention — Article 5 (3) — Place where the
                        (Fourth Chamber)
                                                                       harmful event occurred — Libel by a newspaper article)
                      of 23 February 1995                                                         ( 95/C 87/06 )
in Joined Cases C-54/94 and C-74/94 (reference for a
preliminary ruling from the Pretura Circondariale,
Macerata: criminal proceedings against Ulderico                                      (Language of the case: English)
              Cacchiarelli and Gino Stanghellini i 1 )
(Council Directives 76/895/EEC and 90/642/EEC —
                                                                     In Case C-68/93 : reference to the Court under the Protocol
Maximum permissible levels ofpesticide residues on or in
                             potatoes)                               of 3 June 1971 on the interpretation by the Court of Justice
                                                                     of the Convention of 27 September 1968 on Jurisdiction
                            95/C 87/05 )                             and the Enforcement of Judgments in Civil and Commercial
                                                                     Matters by the House of Lords for a preliminary ruling in
                 (Language of the case: Italian)                     the proceedings pending before that court between Fiona
                                                                     Shevill, Ixora Trading Inc ., Chequepoint SARL,
                                                                     Chequepoint International Ltd and Presse Alliance SA — on
(Provisional translation; the definitive translation will be         the interpretation of Article 5 ( 3 ) of the abovementioned
           published in the European Court Reports)                  Convention of 27 September 1968 (2 ) as amended by the
                                                                     Convention of 9 October 1978 on the accession of the
                                                                     Kingdom of Denmark, Ireland and the United Kingdom of
In Joined Cases C-54/94 and C-74/94: references to the               Great Britain and Northern Ireland (3 ) and by the
Court under Article 177 of the EEC Treaty by the                     Convention of 25 October 1982 on the accession of the
investigating judge of the Pretura Circondariale (District           Hellenic Republic (4) — the Court, composed of G.C.
Magistrate's Court), Macerata, Italy, for a preliminary              Rodriguez Iglesias, President, F.A. Schockweiler
ruling in the criminal proceedings before that court against         ( Rapporteur), P.J.G. Kapteyn and C. Gulmann (Presidents
Gino Stanghellini ( Case C-54/94 ) and Ulderico Cacchiarelli         of Chambers ), G.F. Mancini, C.N. Kakouris, J.C. Moitinho
( Case C-74/94 ) on the interpretation of Council Directive          de Almeida, J.L. Murray, D.A.O. Edward, J.-P. Puissochet
90/642/EEC of 27 November 1990 on the fixing of                      and G. Hirsch, Judges; M. Darmon, subsequently P. Leger,
maximum levels for pesticide residues in and on certain              Advocate-General; L. Hewlett, Administrator, for the