CELEX: C1997/318/01
Language: en
Date: 1997-10-18 00:00:00
Title: JUDGMENT OF THE COURT of 17 July 1997 in Case C-334/95 (reference for a preliminary ruling from the Finanzgericht Hamburg): Krüger GmbH & Co. KG v. Hauptzollamt Hamburg-Jonas (Export refunds - Milk products - Discrimination - Assessment of validity - National court - Interim relief - Community Customs Code)

18 . 10 . 97          EN                   Official Journal of the European Communities                                     C 318/ 1
                                                                   I
                                                             (Information)
                                               COURT OF JUSTICE
                                                         COURT OF JUSTICE
               JUDGMENT OF THE COURT                                   1 . Article 17 (1 ) of Council Regulation (EEC) No 840/68
                                                                           of 27 June 1968 on the common organization of the
                        of 17 July 1997
                                                                           market in milk and milk products, as amended by
in Case C-334/95 (reference for a preliminary ruling from                  Regulation (EEC) No 3904/87, read in conjunction
the Finanzgericht Hamburg): Kriiger GmbH & Co. KG v.                       with its Annex which refers to subheading 2101 10 of
               Hauptzollamt Hamburg-Jonas (')                              the combined nomenclature, as established in the
                                                                           Annex to Council Regulation (EEC) No 2658/87 of
(Export refunds — Milk products — Discrimination —                         23 July 1987 on the tariff and statistical nomenclature
Assessment of validity — National court — Interim relief                   and on the Common Customs Tariff, in the version
                 — Community Customs Code)                                 contained in Commission Regulation (EEC) No 2505/
                         ( 97IC 318/01
                                                                           92, is to be interpreted as allowing export refunds
                                                                           to be granted in respect of milk products contained
                                                                           in both preparations with a basis of coffee and
                                                                           preparations with a basis of extracts, essences or
                (Language of the case: German)                             concentrates of coffee.
   (Provisional translation; the definitive translation will be        2 . Article 244 of Council Regulation (EEC) No 2913/92
           published in the European Court Reports)                        of 12 October 1992 establishing the Community
                                                                           Customs Code is not applicable to demands for
                                                                           repayment of export refunds.
In Case C-334/95 : reference to the Court under Article 177
of the EC Treaty from the Finanzgericht ( Finance Court)
Hamburg ( Germany), for a preliminary ruling in the                    3 . A national court may suspend implementation of a
proceedings pending before that court between Kriiger                      national    administrative   decision    based    on    a
GmbH & Co. KG v. Hauptzollamt Hamburg-Jonas — on                           Community act only if:
( i ) the validity of Article 17 ( 1 ) of Council Regulation
( EEC ) No 804/68 of 27 June 1968 on the common
                                                                           — that court entertains serious doubts as to the
organization of the market in milk and milk products
 ( Official Journal, English Special Edition 1968 I, p. 176 ),                 validity of the Community act and, if the validity
as amended by Regulation ( EEC) No 3904/87 ( OJ L 370,                         of the contested act is not already in issue before
30 . 12. 1987, p. 1 ), read in combination with its Annex,                     the Court of Justice, itself refers the question to
and on the consequences of any declaration of invalidity                       the Court of Justice,
and ( ii ) the interpretation of Article 244 of Council
Regulation ( EEC ) No 2913/92 of 12 October 1992                           — there is urgency, in that the interim relief is
establishing the Community Customs Code ( OJ L 302,                            necessary to avoid serious and irreparable damage
 19 . 10 . 1992, p. 1 ) and Article 177 of the EC Treaty —                     being caused to the party seeking the relief,
the Court, composed of: G. C. Rodriguez Iglesias,
 President, J. L. Murray and L. Sevon ( Presidents of
 Chambers ), P. J. G. Kapteyn, C. Gulmann, D. A. O.                        — the national court takes due account of the
Edward, J.-P. Puissochet, G. Hirsch, P. Jann,                                  Community interest, and
H. Ragnemalm and R. Schintgen ( Rapporteur), Judges :
 M. B. Elmer, Advocate-General; H. von Holstein, Deputy
 Registrar, for the Registrar, has given a judgment on                     — in its assessment of all those conditions, the
 17 July 1997, in which it has ruled:                                          national court respects any decisions of the Court
 ---pagebreak--- C 318/2                  EN                 Official Journal of the European Communities                                    18 . 10 . 97
          of Justice or the Court of First Instance ruling on               provisions necessary to comply with Council Directive
          the lawfulness of the Community act or on an                      93/36/EEC of 14 June 1993 coordinating procedures
          application for interim measures seeking similiar                 for the award of public supply contracts, the Italian
          interim relief at Community level.                                Republic has failed to fulfil its obligations under the
                                                                            first subparagraph of Article 34 (1 ) of that directive;
4 . The second paragraph of Article 177 of the EC                      2 . dismisses the remainder of the application;
     Treaty does not preclude a national court which has
     ordered suspension of implementation of a national
     administrative decision and referred to the Court for a           3 . orders the Italian Republic to pay the costs.
     preliminary ruling a question on the validity of the
      Community act on which the decision is based from
                                                                       (') OJ C 131 , 26 . 4 . 1997.
     granting leave to appeal against its decision.
(') OJ C 333 , 9 . 12 . 1995 .
                                                                                       JUDGMENT OF THE COURT
                                                                                                  ( Sixth Chamber)
                                                                                               of 16 September 1997
                JUDGMENT OF THE COURT
                                                                              in Case C-279/94: Commission of the European
                          ( Sixth Chamber)                                           Communities v. Italian Republic ( l )
                           of 17 July 1997                             (Failure of a Member State to fulfil its obligations —
                                                                       Obligation to give prior notification pursuant to Directive
        in Case C-43/97: Commission of the European                                                  83/189/EEC)
               Communities v. Italian Republic ( 1 )
                                                                                                    ( 97/C 318/03 )
(Failure to fulfil obligations — Directive 93/36/EEC —
       Failure to transpose within the prescribed period)
                                                                                        (Language of the case: Italian)
                            ( 97/C 318/02 )
                                                                         (Provisional translation; the definitive translation will be
                  (Language of the case: Italian)                                 published in the European Court Reports)
                                                                       In Case C-279/94: Commission of the European
   (Provisional translation; the definitive translation will be        Communities ( Agents : Antonio Aresu, then Paolo
           published in the European Court Reports)                    Stancanelli ) v. Italian Republic ( Agent: Umberto Leanza,
                                                                       assisted by Pier Giorgio Ferri ) — application for a
                                                                       declaration that, in adopting Law No 257 of 27 March
In Case C-43/97: Commission of the European                            1992 laying down rules concerning the cessation of the
Communities ( Agent: Paolo Stancanelli ) v. Italian Republic           use of asbestos, without having notified the draft Law to
( Agent: Professor Umberto Leanza, assisted by Ivo                     the Commission, the Italian Republic has failed to fulfil
M. Braguglia ) — application for a declaration that, by                its obligations pursuant to the first subparagraph of
failing to adopt within the prescribed period the laws,                Article 8 ( 1 ) — or, in the alternative, Article 9(1 ) — of
regulations and administrative provisions necessary to                 Council Directive 83/189/EEC of 28 March 1983 laying
comply with Council Directive 93/36/EEC of 14 June                     down a procedure for the provision of information in the
1993 coordinating procedures for the award of public                   field of technical standards and regulations ( OJ L 109,
supply contracts ( OJ L 199, 9 . 8 . 1993 , p. 1 ) and by              26 . 4. 1983 , p. 8 ), as amended by Directive 88/182/EEC
failing to notify those provisions, the Italian Republic has           ( OJ L 81 , 26 . 3 . 1988 , p. 75 ) — the Court ( Sixth
failed to fulfil its obligations under the first subparagraph          Chamber), composed of: G. F. Mancini, President of the
of Article 34(1 ) of that Directive — the Court ( Sixth                Chamber, J. L. Murray, G. Hirsch, H. Ragnemalm
Chamber), composed of: G. F. Mancini, President of the                 ( Rapporteur) and R. Schintgen, Judges; N. Fennelly,
Chamber, J. L. Murray, G. Hirsch, H. Ragnemalm                         Advocate-General; L. Hewlett, Administrator, for the
( Rapporteur ) and R. Schintgen, Judges; C. O. Lenz,                   Registrar, has given a judgment on 16 September 1997, in
                                                                       which it:
Advocate-General; R. Grass, Registrar, gave a judgment
on 17 July 1997, in which it:
                                                                        1 . declares that, in adopting Law No 257 of 27 March
                                                                             1992 laying down rules concerning the cessation of
 1 . declares that, by failing to adopt within the prescribed                the use of asbestos, without having notified the draft
      period the laws, regulations and administrative                        Law to the Commission, the Italian Republic has