CELEX: C2001/028/02
Language: en
Date: 2001-01-27 00:00:00
Title: Judgment of the Court (First Chamber) of 7 November 2000 in Case C-168/98: Grand Duchy of Luxembourg v European Parliament (Action for annulment — Freedom of establishment — Mutual recognition of diplomas — Harmonisation — Obligation to state reasons — Directive 98/5/EC — Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was acquired)

27.1.2001               EN                      Official Journal of the European Communities                                                  C 28/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       Examination of the questions raised has disclosed no factor of such a
                                                                             kind as to affect the validity of Article 39(3), (4) and (11) of Council
                          (First Chamber)                                    Regulation (EEC) No 822/87 of 16 March 1987 on the common
                                                                             organisation of the market in wine, as amended by Council Regulation
                       of 19 October 2000                                    (EEC) No 1566/93 of 14 June 1993, or of Commission Regulation
                                                                             (EC) No 343/94 of 15 February 1994 opening compulsory
in Case C-155/99 (reference for a preliminary ruling from                    distillation as provided for in Article 39 of Council Regulation (EEC)
the Pretore di Treviso, Sezione Distaccata di Oderzo):                       No 822/87 and derogating for the 1993/94 wine year from certain
Giuseppe Busolin and Others v Ispettorato Centrale                           detailed rules for the application thereof.
Repressione Frodi — Ufficio di Conegliano — Ministero
       delle Risorse Agricole, Alimentari e Forestali (1)
                                                                             (1) OJ C 204 of 17.7.1999.
(Agriculture — Common organisation of the agricultural
markets — Market in wine — Compulsory distillation
                               scheme)
                           (2001/C 28/01)
                    (Language of the case: Italian)                                            JUDGMENT OF THE COURT
                                                                                                         (First Chamber)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                                                      of 7 November 2000
In Case C-155/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Pretore di Treviso,              in Case C-168/98: Grand Duchy of Luxembourg v Euro-
Sezione Distaccata di Oderzo (Treviso Magistrates’ Court,                                              pean Parliament (1)
Oderzo Division), Italy, for a preliminary ruling in the
proceedings pending before that court between Giuseppe                       (Action for annulment — Freedom of establishment —
Busolin and Others and Ispettorato Centrale Repressione Frodi                Mutual recognition of diplomas — Harmonisation — Obli-
— Ufficio di Conegliano — Ministero, delle Risorse Agricole,                 gation to state reasons — Directive 98/5/EC — Practice of
Alimentari c Forestali — on the validity of Article 39(3), (4)               the profession of lawyer on a permanent basis in a Member
and (11) of Council Regulation (EEC) No 822/87 of 16 March                   State other than that in which the qualification was acquired)
1987 on the common organisation of the market in wine (OJ
1987 L 84, p. 1), as amended by Council Regulation (EEC)
No 1566/93 of 14 June 1993 (OJ 1993 L 154, p. 39), and of                                                 (2001/C 28/02)
Commission Regulation (EC) No 343/94 of 15 February 1994
opening compulsory distillation as provided for in Article 39
of Council Regulation (EEC) No 822/87 and derogating for                                           (Language of the case: French)
the 1993/94 wine year from certain detailed rules for the
application thereof (OJ 1994 L 44, p. 9) — the Court
(First Chamber), composed of: M. Wathelet, President of the                  (Provisional translation; the definitive translation will be published
Chamber, A. La Pergola, and P. Jann (Rapporteur), Judges;                                         in the European Court Reports)
G. Cosmas, Advocate General; D. Louterman-Hubeau, Principal
Administrator, for the Registrar, has given a judgment on                    In Case C-168/98: Grand Duchy of Luxembourg (Agents:
19 October 2000, in which it has ruled:                                      originally represented by N. Schmit and subsequently by
 ---pagebreak--- C 28/2                  EN                      Official Journal of the European Communities                                         27.1.2001
P. Steinmetz, assisted by J. Welter) v European Parliament                 (Federal Court of Justice), Germany, for a preliminary ruling in
(Agents: originally represented by C. Pennera, and A. Baas, and            the proceedings pending before that court between Schutzver-
subsequently by C. Pennera and J. Sant’Anna) and Council of                band gegen Unwesen in der Wirtschaft eV and Warsteiner
the European Union (Agents: M.C. Giorgi and F. Anton),                     Brauerei Haus Cramer GmbH & Co. KG — on the interpret-
supported by Kingdom of Spain, (Agent: M. López-Monı́s                    ation of Council Regulation (EEC) No 2081/92 of 14 July
Gallego, Abogado del Estado) by Kingdom of the Netherlands                 1992 on the protection of geographical indications and
(Agent: M.A. Fierstra) by United Kingdom of Great Britain and              designations of origin for agricultural products and foodstuffs
Northern Ireland (Agents: J.E. Collins and D. Anderson, and by             (OJ 1992 L 208, p. 1) — the Court, composed of: G.C. Rodrı́-
Commission of the European Communities (Agents: A. Caeiro                  guez Iglesias, President, C. Gulmann, A. La Pergola, M. Wathelet
and B. Mongin, — application for a annulment of Directive                  and V. Skouris, Presidents of Chambers, D.A.O. Edward,
98/5/EC of the European Parliament and of the Council of                   J.-R Puissochet, P. Jann, L. Sevón, R. Schintgen (Rapporteur)
16 February 1998 to facilitate practice of the profession of               and F. Macken, Judges; F.G. Jacobs, Advocate General;
lawyer on a permanent basis in a Member State other than                   H.A. Rühl, Principal Administrator, for the Registrar, has given
that in which the qualification was obtained (OJ 1998 L 77,                a judgment on 7 November 2000, in which it has ruled:
p. 36) — the Court, composed of: G.C. Rodrı́guez Iglesias,
President, C. Gulmann (Rapporteur), A. La Pergola, M. Wathelet
and V. Skouris (Presidents of Chambers), D.A.O. Edward, J.-P.              Council Regulation (EEC) No 2081/92 of 14 July 1992 on the
Puissochet, P. Jann, L. Sevón, R. Schintgen and F. Macken,                protection of geographical indications and designations of origin for
Judges; D. Ruiz-Jarabo Colomer, Advocate General; H. von                   agricultural products and foodstuffs does not preclude the application
Holstein, Deputy Registrar, for the Registrar, has given a                 of national legislation which prohibits the potentially misleading use
judgment on 7 November 2000, in which it:                                  of a geographical indication of source in the case of which there is no
                                                                           link between the characteristics of the product and its geographical
1.    Dismisses the application;                                           provenance.
2.    Orders the Grand Duchy of Luxembourg to pay the costs;
                                                                           (1) OJ C 327 of 24.10.1998.
3.    Orders the Kingdom of Spain, the Kingdom of the Netherlands,
      the United Kingdom of Great Britain and Northern Ireland and
      the Commission of the European Communities to bear their
      own costs.
(1) OJ C 209 of 4.7.1998.
                                                                                             JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT                                                            of 7 November 2000
                       of 7 November 2000
                                                                           in Case C-371/98 (reference for a preliminary ruling from
in Case C-312/98 (reference for a preliminary ruling from                  the Queen’s Bench Division (Divisional Court) of the
the Bundesgerichtshof): Schutzverband gegen Unwesen                        High Court of Justice of England and Wales): The Queen
in der Wirtschaft eV v Warsteiner Brauerei Haus Cramer                     v Secretary of State for the Environment, Transport and
                        GmbH & Co. KG (1)                                                            the Regions (1)
(Protection of geographical indications and designations of                (Directive 92/43/EEC — Conservation of natural habitats
origin — Regulation (EEC) No 2081/92 — Scope —                             and of wild fauna and flora — Definition of the boundaries
Directive 79/112/EEC — National rules prohibiting the                      of sites eligible for designation as special areas of conser-
potentially misleading use of ‘simple’ geographical indi-                  vation — Discretion of the Member States — Economic and
                         cations of source)                                            social considerations — Severn Estuary)
                          (2001/C 28/03)
                                                                                                     (2001/C 28/04)
                   (Language of the case: German)
                                                                                               (Language of the case: English)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                           In Case C-371/98: reference to the Court under Article 177 of
In Case C-312/98: reference to the Court under Article 177 of              the EC Treaty (now Article 234 EC) from the Queen’s Bench
the EC Treaty (now Article 234 EC) from the Bundesgerichtshof              Division (Divisional Court) of the High Court of Justice of