CELEX: C1998/258/04
Language: en
Date: 1998-08-15 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 28 May 1998 in Case C-62/97 P: Commission of the European Communities v María Lidia Lozano Palacios (Appeal - Officials - Former national export on detachment - Installation allowance)

C 258/2               EN                  Official Journal of the European Communities                                      15.8.98
uniform basis of assessment (OJ L 145 of 13.6.1977, p. 1)            Belgium (Agent: Annie Snoecx) Ð application for a
and of Articles 6 and 59 of the EC Treaty Ð the Court                declaration that, by failing to adopt the laws, regulations
(Fifth Chamber), composed of: C. Gulmann, President of               and administrative provisions necessary to comply with
the Chamber, M. Wathelet, J. C. Moitinho de Almeida                  Council Directive 94/57/EC of 22 November 1994 on
(Rapporteur), D. A. O. Edward and J.-P. Puissochet,                  common rules and standards for ship inspection and
Judges; N. Fennelly, Advocate General; D. Louterman-                 survey organisations and for the relevant activities of
Hubeau, Principal Administrator, for the Registrar, has              maritime administrations (OJ L 319 of 12.12.1994, p. 20),
given a judgment on 7 May 1998, in which it has ruled:               the Kingdom of Belgium has failed to fulfil its obligations
                                                                     under that directive and the EC Treaty Ð the Court (Fifth
                                                                     Chamber), composed of: C. Gulmann (Rapporteur),
1. The term fixed establishment' in Article 9(1) of the             President of the Chamber, M. Wathelet, J. C. Moitinho de
     Sixth Council Directive 77/388/EEC of 17 May 1977               Almeida, P. Jann and L. Sevón, Judges; F. G. Jacobs,
     on the harmonisation of the laws of the Member                  Advocate General; R. Grass, Registrar, has given a
     States relating to turnover taxes Ð Common system of            judgment on 14 May 1998, in which it:
     value added tax: uniform basis of assessment must be
     interpreted in such a way that an undertaking
     established in one Member State which hires out or
                                                                     1. Declares that, by failing to adopt within the period
     leases a number of vehicles to clients established in
                                                                          prescribed, the laws, regulations and administrative
     another Member State does not possess a fixed
                                                                          provisions necessary to comply with Council Directive
     establishment in that other State merely by engaging in
                                                                          94/57/EC of 22 November 1994 on common rules and
     that hiring out or leasing.
                                                                          standards for ship inspection and survey organisations
                                                                          and for the relevant activities of maritime
2. It is contrary to Article 59 of the EC Treaty for                      administrations, the Kingdom of Belgium has failed to
     national rules to provide that taxable persons not                   fulfil its obligations under Article 16(1) of that
     established in a Member State, who apply for a refund                Directive;
     of VAT in accordance with the Eighth Council
     Directive 79/1072/EEC of 6 December 1979 on the
     harmonisation of the laws of the Member States                  2. Orders the Kingdom of Belgium to pay the costs.
     relating to turnover taxes Ð Arrangements for the
     refund of value added tax to taxable persons not
                                                                     (1) OJ C 370 of 6.12.1997.
     established in the territory of the country, are entitled
     to interest only from such time as notice to pay was
     served on that Member State and at a lower rate than
     that applied to the interest paid to taxable persons
     established in the territory of that State automatically
     on the expiry of the statutory time-limit for
     reimbursement.
                                                                                     JUDGMENT OF THE COURT
( ) OJ C 40 of 8.2.1997.
 1                                                                                          (Fourth Chamber)
                                                                                             of 28 May 1998
                                                                     in Case C-62/97 P: Commission of the European
                                                                            Communities v María Lidia Lozano Palacios (1)
                                                                     (Appeal Ð Officials Ð Former national export on
               JUDGMENT OF THE COURT                                              detachment Ð Installation allowance)
                        (Fifth Chamber)
                                                                                              (98/C 258/04)
                        of 14 May 1998
in    Case    C-368/97: Commission of the European                                    (Language of the case: French)
            Communities v Kingdom of Belgium (1)
(Failure to fulfil obligations Ð Failure to transpose
                      Directive 94/57/EC)
                                                                       (Provisional translation; the definitive translation will be
                         (98/C 258/03)                                          published in the European Court Reports)
                (Language of the case: Dutch)
                                                                     In Case C-62/97 P: Commission of the European
                                                                     Communities (Agent: Julian Currall, assisted by Denis
  (Provisional translation; the definitive translation will be       Waelbroeck) Ð appeal against the judgment of the Court
          published in the European Court Reports)                   of First Instance (Second Chamber) of 12 December 1996
                                                                     in Case T-33/95 Lozano Palacios v Commission [1996]
                                                                     ECR-SC II-1535, seeking to have that judgment set aside,
In Case C-368/97: Commission of the European                         the other party to the proceedings being: María Lidia
Communities (Agent: Berend Jan Drijber) v Kingdom of                 Lozano Palacios, official of the Commission of the
 ---pagebreak--- 15.8.98               EN                  Official Journal of the European Communities                                      C 258/3
European Communities, residing in Brussels, represented              Regulation (EC) No 1107/96 of 12 June 1996 on the
by Jean-NoeÈl Louis, of the Brussels Bar, with an address            registration of geographical indications and designations
for service in Luxembourg at the offices of Fiduciaire               of origin under the procedure laid down in Article 17 of
Myson SARL, 30 Rue de Cessange Ð the Court (Fourth                   Regulation No 2081/92 (OJ L 148 of 21.6.1996, p. 1) Ð
Chamber), composed of: H. Ragnemalm, President of the                the Court, composed of: G. C. Rodríguez Iglesias,
Chamber, P. J. G. Kapteyn and K. M. Ioannou                          President, C. Gulmann (Rapporteur), H. Ragnemalm and
(Rapporteur), Judges; G. Tesauro, Advocate General; R.               M. Wathelet (Presidents of Chambers), J. C. Moitinho de
Grass, Registrar, has given a judgment on 28 May 1998,               Almeida, P. J. G. Kapteyn, J. L. Murray, J.-P. Puissochet,
in which it:                                                         G. Hirsch, P. Jann and L. Sevón, Judges; A. La Pergola,
                                                                     Advocate General; L. Hewlett, Administrator, for the
                                                                     Registrar, has given a judgment on 9 June 1998, in which
1. Dismisses the appeal;                                             it has ruled:
2. Orders the Commission of the European Communities                 1. Council Regulation (EEC) No 2081/92 of 14 July
     to pay the costs.                                                    1992 on the protection of geographical indications
                                                                          and designations of origin for agricultural products
                                                                          and foodstuffs must be interpreted as meaning that,
(1) OJ C 108 of 5.4.1997.
                                                                          since its entry into force, a Member State may not, by
                                                                          adopting provisions of national law, alter a
                                                                          designation of origin for which it has requested
                                                                          registration in accordance with Article 17 and protect
                                                                          that designation at national level.
               JUDGMENT OF THE COURT                                 2. As regards a compound' designation of origin, the
                        of 9 June 1998                                    fact that there is no footnote in the annex to
                                                                          Commission Regulation (EC) No 1107/96 of 12 June
in Joined Cases C-129/97 and C-130/97 (reference for a                    1996 on the registration of geographical indications
preliminary ruling from the Tribunal de Grande Instance,                  and designations of origin under the procedure laid
Dijon): criminal proceedings against Yvon Chiciak and                     down in Article 17 of Regulation No 2081/92
Fromagerie Chiciak, Jean-Pierre Fol, third parties:                       specifying that registration is not sought for one of the
       Syndicat de DeÂfense de l'EÂpoisses and Others (1)                 parts of that designation does not necessarily mean
(Regulation (EEC) No 2081/92 on the protection of                         that each of its constituent parts is protected.
geographical indications and designations of origin for
agricultural products and foodstuffs Ð Exclusive                     (1) OJ C 142 of 10.5.1997.
competence of the Commission Ð Scope of the protection
             of names comprising several terms)
                        (98/C 258/05)
                (Language of the case: French)
                                                                                     JUDGMENT OF THE COURT
                                                                                             (Sixth Chamber)
  (Provisional translation; the definitive translation will be                               of 11 June 1998
          published in the European Court Reports)
                                                                     in Joined Cases C-232/95 and C-233/95: Commission of
                                                                           the European Communities v Hellenic Republic (1)
In Joined Cases C-129/97 and C-130/97: reference to the
Court under Article 177 of the EC Treaty from the                    (Failure to fulfil obligations Ð Directive 76/464/EEC Ð
Tribunal de Grande Instance (Regional Court), Dijon                              Water pollution Ð Non-transposition)
(France), for a preliminary ruling in the criminal                                            (98/C 258/06)
proceedings pending before that court against Yvon
Chiciak and Fromagerie Chiciak (C-129/97), Jean-Pierre
Fol (C-130/97), third parties: Syndicat de DeÂfense de                                (Language of the case: Greek)
l'EÂpoisses (C-129/97 and C-130/97), Institut National des
Appellations d'Origine ContrôleÂes (INAO) (C-129/97 and
C-130/97), Association Nationale d'Appellation d'Origine
LaitieÁre FrancËaise (ANAOF) (C-129/97 and C-130/97),                  (Provisional translation; the definitive translation will be
Laiterie de la Côte SARL and Others (C-130/97) Ð on the                        published in the European Court Reports)
interpretation of Council Regulation (EEC) No 2081/92 of
14 July 1992 on the protection of geographical indications
and designations of origin for agricultural products and             In Joined Cases C-232/95 and C-233/95: Commission of
foodstuffs (OJ L 208 of 24.7.1992, p. 1) and Commission              the European Communities (Agent: Maria Condou-