CELEX: C1998/234/17
Language: en
Date: 1998-07-25 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 28 May 1998 in Case C-7/95 P: John Deere Ltd v Commission of the European Communities (Appeal - Admissibility - Question of law - Question of fact - Competition - Information exchange system - Restriction of competition - Refusal to grant an exemption)

25.7.98               EN                  Official Journal of the European Communities                                  C 234/9
and Articles 5 and 189 of the EC Treaty Ð the Court,                 interpretation of Article 21 of that Convention (OJ L 304
composed of: G. C. Rodríguez Iglesias, President,                    of 30.10.1978, p. 36), as amended by the Convention of
C. Gulmann, (Rapporteur), H. Ragnemalm, M. Wathelet                  9 October 1978 on the Accession of the Kingdom of
and R. Schintgen, Presidents of Chamber, J. C. Moitinho              Denmark, Ireland and the United Kingdom of Great
de Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O.                 Britain and Northern Ireland (OJ L 304 of 30.10.1978,
Edward, G. Hirsch and P. Jann, Judges; N. Fennelly,                  p. 1; amended version of the Convention, p. 77) and the
Advocate General; H. von Holstein, Deputy Registrar, has             Convention of 25 October 1982 on the Accession of the
given a judgment on 19 May 1998, in which it:                        Hellenic Republic (OJ L 388 of 31.12.1982, p. 1) Ð the
                                                                     Court (Fifth Chamber), composed of: C. Gulmann,
                                                                     President of the Chamber, M. Wathelet, J. C. Moitinho de
1. Declares that, by classifying as special protection areas
                                                                     Almeida, D. A. O. Edward, (Rapporteur) and L. Sevón,
     territories whose number and total area are clearly
                                                                     Judges; N. Fennelly, Advocate General; L. Hewlett,
     smaller than the number and total area of the
                                                                     Principal Administrator for the Registrar, has given a
     territories suitable for classification as special
                                                                     judgment on 19 May 1998, in which it has ruled:
     protection areas within the meaning of Article 4(1) of
     Council Directive 79/409/EEC of 2 April 1979 on the
     conservation of wild birds, the Kingdom of the
     Netherlands has failed to fulfil its obligations under          Article 21 of the Convention of 27 September 1968 on
     that directive;                                                 Jurisdiction and the Enforcement of Judgments in Civil
                                                                     and Commercial Matters, as amended by the Convention
                                                                     of 9 October 1978 on the Accession of the Kingdom of
2. Orders the Kingdom of the Netherlands to pay the                  Denmark, Ireland and the United Kingdom of Great
     costs;                                                          Britain and Northern Ireland and by the Convention of
                                                                     25 October 1982 on the Accession of the Hellenic
3. Orders the Federal Republic of Germany to bear its                Republic, is not applicable in the case of two actions for
     own costs.                                                      contribution to general average, one brought by the
                                                                     insurer of the hull of a vessel which has foundered against
                                                                     the owner and the insurer of the cargo which the vessel
(1) OJ C 77 of 16.3.1996.                                            was carrying when it sank, the other brought by the latter
                                                                     two parties against the owner and the charterer of the
                                                                     vessel, unless it is established that, with regard to the
                                                                     subject-matter of the two disputes, the interests of the
                                                                     insurer of the hull of the vessel are identical to and
                                                                     indissociable from those of its insured, the owner and the
                JUDGMENT OF THE COURT                                charterer of that vessel.
                       (Fifth Chamber)
                                                                     (1) OJ C 370 of 7.12.1996.
                       of 19 May 1998
in Case C-351/96 (reference for a preliminary ruling from
the Cour de Cassation, France): Drouot Assurances SA v
Consolidated Metallurgical Industries (CMI Industrial
Sites), Protea Assurance, Groupement d'InteÂreÃt EÂcono-
             mique (GIE) ReÂunion EuropeÂenne (1)
(Brussels Convention Ð Interpretation of Article 21 Ð Lis                          JUDGMENT OF THE COURT
alibi pendens Ð Definition of same parties Ð Insurance                                      (Fifth Chamber)
                   company and its insured)
                                                                                            of 28 May 1998
                        (98/C 234/16)
                                                                     in Case C-7/95 P: John Deere Ltd v Commission of the
                 (Language of the case: French)                                        European Communities (1)
                                                                     (Appeal Ð Admissibility Ð Question of law Ð Question
                                                                     of fact Ð Competition Ð Information exchange system Ð
  (Provisional translation; the definitive translation will be
                                                                     Restriction of competition Ð Refusal to grant an
          published in the European Court Reports)
                                                                                               exemption)
In Case C-351/96: reference to the Court, pursuant to the                                    (98/C 234/17)
Protocol of 3 June 1971 on the interpretation by the
Court of Justice of the Convention of 27 September 1968
on Jurisdiction and the Enforcement of Judgments in Civil                           (Language of the case: English)
and Commercial Matters, by the Cour de Cassation,
France, for a preliminary ruling in the proceedings
pending before that court between Drouot Assurances SA               In Case C-7/95 P: John       Deere Ltd, a company whose
and Consolidated Metallurgical Industries (CMI Industrial            registered office is in      Edinburgh (United Kingdom),
Sites),     Protea    Assurance,     Groupement       d'InteÂreÃt    represented by Hans-Jörg     Niemeyer and Rainer Bechtold,
EÂconomique (GIE) ReÂunion EuropeÂenne Ð on the                      Rechtsanwälte, Stuttgart,    with an address for service in
 ---pagebreak--- C 234/10              EN               Official Journal of the European Communities                                 25.7.98
Luxembourg at the Chambers of Loesch and Wolter, 11               Judges; D. Ruiz-Jarabo Colomer, Advocate General;
Rue Goethe Ð appeal against the judgment of the Court             L. Hewlett, Principal Administrator for the Registrar Ð
of First Instance (Second Chamber) of 27 October 1994 in          has given a judgment on 28 May 1998, in which it:
Case T-35/92 John Deere v Commission [1994] ECR
II-97, seeking to have that judgment set aside, the other
party to the proceedings being Commission of the                  1. Dismisses the appeal;
European Communities, represented by Julian Currall, of
its Legal Service, acting as Agent, and Nicholas Forwood
QC Ð the Court (Fifth Chamber), composed of:                      2. Orders New Holland Ford Ltd to pay the costs.
C. Gulmann, President of the Chamber, J. C. Moitinho de
Almeida, D. A. O. Edward, P. Jann and L. Sevón,
                                                                  (1) OJ C 54 of 4.3.1995.
(Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate
General; L. Hewlett, Principal Administrator for the
Registrar Ð has given a judgment on 28 May 1998, in
which it:
1. Dismisses the appeal;                                                        JUDGMENT OF THE COURT
                                                                                         (First Chamber)
2. Orders John Deere Limited to pay the costs.                                           of 28 May 1998
                                                                  in Case C-3/97 (reference for a preliminary ruling from
(1) OJ C 54 of 4.3.1995.                                          the Court of Appeal (England and Wales) Criminal
                                                                  Division: criminal proceedings against John Charles
                                                                           Goodwin and Edward Thomas Unstead (1)
                                                                  (Tax provisions Ð Harmonisation of laws Ð Turnover
                                                                  taxes Ð Common system of value added tax Ð Sixth
                                                                  Directive Ð Scope Ð Supply of counterfeit perfume
              JUDGMENT OF THE COURT                                                          products)
                       (Fifth Chamber)                                                     (98/C 234/19)
                       of 28 May 1998
                                                                                 (Language of the case: English)
in Case C-8/95 P: New Holland Ford Ltd v Commission
              of the European Communities (1)
(Appeal Ð Admissibility Ð Question of law Ð Question              In Case C-3/97: reference to the Court under Article 177
of fact Ð Competition Ð Information exchange system Ð             of the EC Treaty from the Court of Appeal (England and
Restriction of competition Ð Refusal to grant an                  Wales) Criminal Division for a preliminary ruling in the
                           exemption)                             criminal proceedings pending before that court against
                                                                  John Charles Goodwin and Edward Thomas Unstead on
                         (98/C 234/18)                            the interpretation of Sixth Council Directive 77/388/EEC
                                                                  of 17 May 1977 on the harmonisation of the laws of the
                                                                  Member States relating to turnover taxes Ð Common
               (Language of the case: English)                    system of value added tax: uniform basis of assessment
                                                                  (OJ L 145 of 13.6.1977, p. 1) Ð the Court (First
                                                                  Chamber), composed of: M. Wathelet, President of the
In Case C-8/95 P: New Holland Ford Ltd, a company                 Chamber, D. A. O. Edward and P. Jann, (Rapporteur),
governed by the laws of England and Wales, established in         Judges; P. LeÂger, Advocate General; H. von Holstein,
Basildon (United Kingdom), represented by Mario                   Deputy Registrar, has given a judgment on 28 May 1998,
Siragusa, of the Rome Bar, Giuseppe Scassellati-Sforzolini        in which it has ruled:
and Francesca Moretti, of the Bologna Bar, with an
address for service in Luxembourg at the Chambers of
Elvinger, Hoss & Preussen, Côte d'Eich Ð appeal against           On a proper construction of Article 2 of Sixth Council
the judgment of the Court of First Instance (Second               Directive 77/388/EEC of 17 May 1977 on the
Chamber) of 27 October 1994 in Case T-34/92 Fiatagri              harmonisation of the laws of the Member States relating
and New Holland Ford v Commission [1994] ECR II-905,              to turnover taxes Ð Common system of value added tax:
seeking to have that judgment set aside, the other party to       uniform basis of assessment, VAT is payable on the supply
the proceedings being Commission of the European                  of counterfeit perfumes.
Communities, represented by Julian Currall, of its Legal
Service, acting as Agent, and Leonard Hawkes, Solicitor           (1) OJ C 74 of 8.3.1997.
Ð the Court (Fifth Chamber), composed of: C. Gulmann,
President of the Chamber, J. C. Moitinho de Almeida,
D. A. O. Edward, P. Jann and L. Sevón, (Rapporteur),