CELEX: C1999/048/07
Language: en
Date: 1999-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 17 December 1998 in Case C-186/96 (reference for a preliminary ruling from the Bundesfinanzhof): Stefan Demand v. Hauptzollamt Trier (Milk - Additional levy scheme - Additional reference quantity - Temporary withdrawal - Conversion into a definitive reduction - Loss of compensation - General principles of law and fundamental rights)

C 48/4                EN                  Official Journal of the European Communities                                  20.2.1999
so far as that provision requires milk deliveries actually to                        JUDGMENT OF THE COURT
be resumed before 29 March 1990.
                                                                                             (Fifth Chamber)
( ) OJ C 9, 11.1.1997.
 1
                                                                                          of 17 December 1998
                                                                            in Case C-353/96: Commission of the European
                                                                                        Communities v. Ireland (1)
                                                                     (Failure of a Member State to fulfil obligations Ð Public
                                                                     supply contracts Ð Review procedures Ð Definition of
               JUDGMENT OF THE COURT                                                      contracting authority)
                       (Sixth Chamber)
                                                                                              (1999/C 48/08)
                    of 17 December 1998
in Case C-186/96 (reference for a preliminary ruling from
the Bundesfinanzhof): Stefan Demand v. Hauptzollamt
                            Trier (1)                                                 (Language of the case: English)
(Milk Ð Additional levy scheme Ð Additional reference
quantity Ð Temporary withdrawal Ð Conversion into a
definitive reduction Ð Loss of compensation Ð General
          principles of law and fundamental rights)                  In Case C-353/96: Commission of the European
                        (1999/C 48/07)                               Communities (Agent: Richard Wainwright) v. Ireland
                                                                     (Agent: Michael A. Buckley, assisted by Eoghan
                                                                     Fitzsimons and Feargal ÓDubhghaill) Ð application for a
               (Language of the case: German)                        declaration that, by failing to comply with the provisions
                                                                     of Council Directive 77/62/EEC of 21 December 1976
                                                                     coordinating procedures for the award of public supply
  (Provisional translation; the definitive translation will be       contracts (OJ L 13, 15.1.1977, p. 1), as amended by
         published in the European Court Reports)                    Directive 88/295/EEC (OJ L 127, 20.5.1988, p. 1), and in
                                                                     particular by failing to publish its invitation to tender for
                                                                     the supply of fertiliser on behalf of Coillte Teoranta (The
In Case C-186/96: reference to the Court under Article 177           Irish Forestry Board Limited) in the Official Journal of the
of the EC Treaty from the Bundesfinanzhof, Germany for               European Communities, Ireland has failed to fulfil its
a preliminary ruling in the proceedings pending before               obligations under the EC Treaty Ð the Court (Fifth
that court between Stefan Demand and Hauptzollamt                    Chamber), composed of: J.-P. Puissochet, President of the
Trier Ð on the validity of the first paragraph of Article 3          Chamber, P. Jann (Rapporteur), J. C. Moitinho de
and Article 4(1) of Council Regulation (EEC) No 3950/92              Almeida, C. Gulmann and M. Wathelet, Judges; S. Alber,
of 28 December 1992 establishing an additional levy in               Advocate-General; D. Louterman-Hubeau, Principal
the milk and milk products sector (OJ L 405, 31.12.1992,             Administrator, for the Registrar, has given a judgment on
p. 1) Ð the Court (Sixth Chamber), composed of: G.                   17 December 1998, in which it:
Hirsch (Rapporteur), President of the Second Chamber,
acting as President of the Sixth Chamber, G. F. Mancini,
H. Ragnemalm, R. Schintgen and K. M. Ioannou, Judges;
D. Ruiz-Jarabo Colomer, Advocate-General; H. A. Rühl,
                                                                     1. Declares that, since Coillte Teoranta failed to have a
Principal Administrator, for the Registrar, has given a
                                                                          notice of tender for a contract for the supply of
judgment on 17 December 1998, in which it has ruled:
                                                                          fertiliser published in the Official Journal of the
                                                                          European Communities, Ireland has failed to fulfil its
Consideration of the general principles of Community law,                 obligations under Council Directive 77/62/EEC of
and in particular the principles of the protection of                     21 December 1976 coordinating procedures for the
legitimate expectations and of the fundamental right to                   award of public supply contracts, as amended by
property, has disclosed no factor of such a kind as to                    Directive 88/295/EEC.
affect the validity of the first paragraph of Article 3 and
Article 4(1) of Council Regulation (EEC) No 3950/92 of
28 December 1992 establishing an additional levy in the
milk and milk products sector in so far as they converted,           2. Orders Ireland to pay the costs.
without compensation, temporary suspension of a
percentage of the additional reference quantity granted in
return for payment into a definitive reduction.
                                                                     (1) OJ C 388, 21.12.1996.
(1) OJ C 210, 20.7.1996.