CELEX: C1996/016/05
Language: en
Date: 1996-01-20 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 9 November 1995 in Case C-38/94 (reference for a preliminary ruling from the Divisional Court of the Queen's Bench Division of the High Court of Justice of England and Wales): The Queen v. Minister for Agriculture Fisheries and Food, ex parte Country Landowners' Association (Common organization of the markets in sheepmeat and goatmeat and in beef and veal - Grant of transferable premium rights to producers - Compensation for landowners)

20 . 1 . 96            EN                  Official Journal of the European Communities                                   No C 16/3
               JUDGMENT OF THE COURT                                       and (EEC) No 714/89, nor any general principle of
                        (Third Chamber)                                    Community law require Member States to introduce a
                                                                           mechanism for compensating detriment caused to
                     of 9 November 1995                                    owners of agricultural land by the introduction of a
in Case C-38/94 (reference for a preliminary ruling from the               system of premium rights linked to producers of
Divisional Court of the Queen's Bench Division of the High                 sheepmeat, goatmeat or beef and veal, even where
Court of Justice of England and Wales ): The Queen v.                      premium rights are transferred by producers who do not
Minister for Agriculture Fisheries and Food, ex parte                      own the land on which they farm.
            Country Landowners' Association (')
(Common organization of the markets in sheepmeat and
goatmeat and in beef and veal — Grant of transferable                 2 . Consideration of Articles 13 and 15 of Regulation
premium rights to producers — Compensation for                             (EEC) No 3567192, cited above, and of Articles 39 and
                           landowners)                                     55 of Regulation (EEC) No 3886/92, cited above, has
                          ( 96/C 16/05 )                                   disclosed no factor of such a kind as to affect their
                                                                           validity.
                                                                      (M OJ No C 76 , 12 . 3 . 1994 .
                (Language of the case: English)
In Case C-38/94 : reference to the Court under Article 177 of
the EC Treaty from the Divisional Court of the Queen's
Bench Division of the High Court of Justice of England and
Wales for a preliminary ruling in the proceedings pending
before that court between the Queen and the Minister for
Agriculture Fisheries and Food, ex parte Country
Landowners' Association — on the interpretation and                                  JUDGMENT OF THE COURT
validity of Articles 13 and 15 of Commission Regulation                                    of 9 November 1995
( EEC) No 3567/92 of 10 December 1992 laying down                     in Case C-91/94 ( reference for a preliminary ruling from the
detailed rules for the application of the individual limits,          Tribunal de Grande Instance, Paris ): Criminal proceedings
national reserves and transfer of rights provided for in              against Thierry Tranchant and Téléphone Store SARL,
Council Regulation ( EEC ) No 3013/89 on the common                                     party liable in civil law (*)
organization of the market in sheepmeat and goatmeat ( OJ
No L 362, p . 41 ), and Articles 39 and 55 of Commission              (Commission Directive 88/301/EEC — Independence of
Regulation ( EEC ) No 3886/92 of 23 December 1992 laying              bodies responsible for monitoring the application of
down detailed rules for the application of the premium                         technical specifications — Test laboratories)
schemes provided for in Council Regulation ( EEC )                                              ( 96/C 16/06 )
No 805/68 on the common organization of the market in
beef and repealing Regulations ( EEC ) No 1244/82 and
( EEC) No 714/89 ( OJ No L 391 , p . 20 ) — the Court (Third
Chamber ), composed of: J. C. Moitinho de Almeida                                     (Language of the case: French)
( Rapporteur), acting as President of Chamber, C. Gulmann
and H. Ragnemalm, Judges; G. Cosmas, Advocate-General;
L. Hewlett, Administrator, for the Registrar, gave a                  (Provisional translation; the definitive translation will be
judgment on 9 November 1 995 , in which it ruled:                               published in the European Court Reports)
                                                                      In Case C-91 /94 : reference to the Court under Article 177 of
1 . Neither Articles 13 and 15 of Commission Regulation               the EEC Treaty from the Tribunal de Grande Instance
     (EEC) No 3567/92 of 10 December 1992 laying down                 ( Regional Court), Paris, for a preliminary ruling in the
     detailed rules for the application of the individual limits,     criminal proceedings pending before that court against
     national reserves and transfer of rights provided for in         Thierry Tranchant and Téléphone Store SARL, party liable
     Council Regulation (EEC) No 3013/89 on the common                in civil law — on the interpretation of Commission Directive
     organization of the market in sheepmeat and goatmeat             88/301 /EEC of 16 May 1988 on competition in the markets
     nor Articles 39 and 55 of Commission Regulation                  in telecommunications terminal equipment ( OJ No L 131 ,
     (EEC) No 3886/92 of 23 December 1992 laying down                 p . 73 ) — the Court, composed of: G. C. Rodriguez Iglesias,
     detailed rules for the application of the premium                President, D. A. O. Edward, J.-P. Puissochet and G. Hirsch
    schemes provided for in Council Regulation (EEC)                  ( Rapporteur ) ( Presidents of Chambers ), F. A. Schockweiler,
     No 805/68 on the common organization of the market              J. C. Moitinho de Almeida, P. J. G. Kapteyn, C. Gulmann,
     in beef and repealing Regulations (EEC) No 1244/82              J. L. Murray, P. Jann and H. Ragnemalm, Judges;