CELEX: C1998/094/07
Language: en
Date: 1998-03-28 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 19 February 1998 in Case C-309/95: Commission of the European Communities v. Council of the European Union, supported by the French Republic (Exceptional aid to producers of table wine in France)

C 94/4                EN                  Official Journal of the European Communities                                       28.3.98
               JUDGMENT OF THE COURT                                 Northern Ireland, Queen's Bench Division, for a
                       (Sixth Chamber)                               preliminary ruling in the proceedings pending before that
                                                                     court between Northern Ireland Fish Producers'
                     of 19 February 1998                             Organisation Ltd (NIFPO) and Northern Ireland
       in Case C-309/95: Commission of the European                  Fishermen's Federation and Department of Agriculture for
       Communities v. Council of the European Union,                 Northern Ireland Ð on the validity of Council Regulation
             supported by the French Republic (1)                    (EC) No 3362/94 of 20 December 1994 fixing, for certain
                                                                     fish stocks and groups of fish stocks, the total allowable
   (Exceptional aid to producers of table wine in France)            catches for 1995 and certain conditions under which they
                         (98/C 94/07)                                may be fished (OJ L 363, 31.12.1994, p. 1), on the
                                                                     validity of Annex VII to the resolution of 3 November
                                                                     1976 adopted by the Council at The Hague and on the
                (Language of the case: French)                       interpretation of the priniciple of State liability for damage
                                                                     occasioned to individuals by breaches of Community law
  (Provisional translation; the definitive translation will be       Ð the Court: composed of: G. C. Rodríguez Iglesias,
          published in the European Court Reports)                   President, C. Gulmann, H. Ragnemalm, R. Schintgen
                                                                     (Presidents of Chambers), G. F. Mancini, P. J. G. Kapteyn
                                                                     (Rapporteur), J. L. Murray, D. A. O. Edward, J.-P.
In Case 309/95: Commission of the European
                                                                     Puissochet, G. Hirsch and P. Jann, Judges; A. La Pergola,
Communities (Agents: GeÂrard Rozet and Jean-Paul
                                                                     Advocate-General; D. Louterman-Hubeau, Principal
Keppenne) v. Council of the European Union (Agents:
                                                                     Administrator, for the Registrar, has given a judgment on
Rüdiger Bandilla and Diego Canga Fano), supported by
                                                                     19 February 1998, in which it has ruled:
the French Republic (Agents: Catherine de Salins and
FreÂdeÂric Pascal) Ð application for the annulment of the
Council's decision of 22 June 1995 on the granting of                1. The validity of the allocation of cod and whiting
exceptional aid to producers of table wine in France Ð                    quotas in Area VIIa by Council Regulation (EC)
the Court (Sixth Chamber), composed of: H. Ragnemalm,                     No 3362/94 of 20 December 1994 fixing, for certain
President of the Chamber, G. F. Mancini, P. J. G. Kapteyn                 fish stocks and groups of fish stocks, the total
(Rapporteur), J. L. Murray and G. Hirsch, Judges; G.                      allowable catches for 1995 and certain conditions
Cosmas, Advocate-General; R. Grass, Registrar, has given                  under which they may be fished is not dependent on
a judgment on 19 February 1998, in which it:                              whether Annex VII to the resolution of 3 November
                                                                          1976 adopted by the Council at The Hague was
1. dismisses the application as inadmissible;                             properly adopted.
2. orders the Commission to pay the costs;                           2. Consideration of Regulation (EC) No 3362/94 has
                                                                          revealed no factor of such a kind as to affect its
3. orders the French Republic to bear its own costs.                      validity.
(1) OJ C 315, 25.11.1995.                                            (1) OJ C 64, 2.3.1996.
               JUDGMENT OF THE COURT                                                   ORDER OF THE COURT
                     of 19 February 1998                                                    (First Chamber)
in Case C-4/96 (reference for a preliminary ruling from
                                                                                          of 15 January 1998
the High Court of Justice in Northern Ireland, Queen's
Bench Division): Northern Ireland Fish Producers'                    in Case C-196/97 P: Intertronic F. Cornelis GmbH v.
Organisation Ltd (NIFPO) and Northern Ireland                                Commission of the European Communities (1)
Fishermen's Federation v. Department of Agriculture for
                     Northern Ireland (1)                                            (Appeal manifestly unfounded)
(Fisheries Ð Hague Preferences Ð TACs Ð Cod and                                               (98/C 94/09)
whiting Ð Discretion of the Community legislature Ð
Relative stability Ð Principles of proportionality and non-                         (Language of the case: German)
                        discrimination)
                         (98/C 94/08)
                                                                       (Provisional translation; the definitive translation will be
                (Language of the case: English)                                published in the European Court Reports)
In Case C-4/96: reference to the Court under Article 177             In Case C-196/97 P: Intertronic F. Cornelis GmbH, a
of the EC Treaty from the High Court of Justice in                   company incorporated under German law, established in