CELEX: C1995/229/11
Language: en
Date: 1995-09-02 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 29 June 1995 in Case C-56/94 (reference for a preliminary ruling from the Tribunale di Piacenza): SCAC Srl v. Associazione dei Produttori Ortofrutticoli (ASIPO) (Common organization of the market - Processed tomato products - Limit to the granting of production aid - Determination of quotas - Validity of Regulation (EEC) No 668/93)

No C 229/6               EN                    Official Journal of the European Communities                                        2 . 9 . 95
and grape musts ( 3 ) — the Court ( Sixth Chamber ),                      preliminary ruling in the proceedings pending before that
composed of F. A. Schockweiler, President of the Chamber,                 court between SCAC Sri and Associazione dei Produttori
G. F. Mancini, C. N. Kakouris, J. L. Murray ( Rapporteur )                Ortofrutticoli ( ASIPO ) — on the interpretation and validity
and G. Hirsch, Judges; P. Leger, Advocate-General; H.                     of Article 1 ( 2 ) of Council Regulation ( EEC ) No 668/93 of
A. Riihl, Principal Administrator, for the Registrar, gave a              1 7 March 1 993 on the introduction of a limit to the granting
judgment on 29 June 1995 , the operative part of which is as              of production aid for processed tomato products ( 2 ) — the
follows :                                                                 Court ( Sixth Chamber ), composed of: F. A. Schockweiler
                                                                          ( Rapporteur ), President of the Chamber, P. J. G. Kapteyn,
                                                                          G. F. Mancini, J. L. Murray and G. Hirsch, Judges;
1 . Article 3 (2) of Commission Regulation (EEC)
                                                                          D. Ruiz-Jarabo Colomer, Advocate-General; L. Hewlett,
       No 3201 /90 of 16 October 1990 laying down detailed
                                                                          Administrator, for the Registrar, has given a judgment on
       rules for the description and presentation of wines and
                                                                          29 June 1995 , in which it rules :
       grape musts must be interpreted as not precluding
       the labelling of quality wines ('Qualitatsweine mit
       Pradikat') from repeating the terms 'Kabinett',                    1 . Article 1 (2) of Council Regulation (EEC) No 668/93 of
       'Spatlese ' or 'Auslese ' — in addition to their prescribed              1 7 March 1 993 on the introduction of a limit to the
       use (in lettering of the same type and height as the name                granting of production aid for processed tomato
       of the specified region or of a geographical unit smaller                products must be interpreted as meaning that, in the
       than the specified region) — in different lettering with                 event of a transfer of fresh tomatoes by a processing
       higher letters, particularly in a conspicuous manner as                  undertaking during a marketing year from the 'peeled
       part of a brand name;                                                    tomatoes ' category to the 'concentrate ' or 'other tomato
                                                                                products ' category, only the quantities actually
2 . Article 3 (3) (a), first indent, in conjunction with the                    produced by that undertaking in each category, regard
       second subparagraph of Article 3 (3) of Regulation                       being had to that transfer, are to be taken into account in
       (EEC) No 3201 /90 must be interpreted as not                             the following marketing year for the purposes of the
       precluding the repetition on the label, in the case of                   division of the maximum quantities between the
       German quality wines produced in specified regions                       processing undertakings by the Member State
                                                                                concerned.
       (' Qualitatsweine bA '), of the term ' Weiflherbst' — in
       addition to its use in the same lettering as that used for
       indicating the specified region — in larger letters,               2 . Consideration of Article 1 (2) of Regulation (EEC)
       particularly in a conspicuous manner as part of a brand                  No 668/93 has disclosed no factor of such a kind as to
       name .
                                                                                affect the validity of that provision.
 (') OJ No C 27, 28 . 1 . 1994 .
 ( 2 ) OJ No L 232 , 9 . 8 . 1989 , p . 13 .                               (') OJ No C 90 , 26 . 3 . 1994 .
 ( 3 ) OJ No L 309 , 8 . 11 . 1990 , p. 1 .                                (2 ) OJ No L 72, 25 . 3 . 1993 , p. 1 .
                  JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                            ( Sixth Chamber)                                                         ( Fifth Chamber)
                            of 29 June 1995                                                         of 29 June 1995
 in Case C-56/94 (reference for a preliminary ruling from                  in Joined Cases C-109/94, C-207/94 and C-225/94:
 the Tribunale di Piacenza): SCAC Srl v. Associazione dei
                                                                           Commission of the European Communities v. Hellenic
               Produttori Ortofrutticoli ( ASIPO ) (M                                                   Republic ( ' )
  (Common organization of the market — Processed tomato                     (Failure of a Member State to fulfil its obligations —
 products — Limit to the granting of production aid —                      Directives 90/61 8/EEC, 88/357/EEC and 90/619/EEC —
 Determination of quotas — Validity of Regulation (EEC)                                   Non-transposition — Insurances)
                                 No 668/93)
                                                                                                        95/C 229/ 12 )
                               ( 95/C 229/11 )
                    (Language of the case: Italian)                                         (Language of the case: Greek)
  (Provisional translation; the definitive translation will be              (Provisional translation; the definitive translation will be
            published in the European Court Reports)                                 published in the European Court Reports)
  In Case C-56/94 : reference to the Court under Article 177 of             In Joined Cases C-109/94 , C-207/94 and C-225/94 :
  the EC Treaty by the Tribunale di Piacenza ( Italy ) for a                Commission of the European Communities ( Agent: