CELEX: C2000/316/23
Language: en
Date: 2000-11-04 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 21 September 2000 in Case C-46/98 P: European Fertilizer Manufacturers Association (EFMA) v Council of the European Union and Commission of the European Communities (Appeal — Anti-dumping — Ineffective pleas — Right to a fair hearing)

4.11.2000               EN                     Official Journal of the European Communities                                             C 316/13
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                         (Sixth Chamber)                                                             (Sixth Chamber)
                      of 21 September 2000                                                        of 21 September 2000
                                                                          in Case C-109/99 (reference for a preliminary ruling from
in Case C-46/98 P: European Fertilizer Manufacturers
                                                                          the Tribunal Administratif de Pau): Association Basco-
Association (EFMA) v Council of the European Union and
                                                                          Béarnaise des Opticiens Indépendants v Préfet des Pyréné-
        Commission of the European Communities (1)
                                                                                                     es-Atlantiques (1)
(Appeal — Anti-dumping — Ineffective pleas — Right to a                   (Directives 73/239/EEC and 92/49/EEC — Objects of
                            fair hearing)                                 insurance undertakings limited to the business of insurance
                                                                          and operations arising directly therefrom, to the exclusion of
                                                                                             all other commercial business)
                         (2000/C 316/23)
                                                                                                      (2000/C 316/24)
                    (Language of the case: English)
                                                                                                (Language of the case: French)
In Case C-46/98 P: European Fertilizer Manufacturers Associ-
ation (EFMA), established in Zürich, Switzerland, represented
by D. Voillemot and O. Prost, of the Paris Bar, with an address
for service in Luxembourg at the Chambers of M. Loesch, 11                (Provisional translation; the definitive translation will be published
Rue Goethe — appeal against the judgment of the Court of                                       in the European Court Reports)
First Instance of the European Communities (Fourth Chamber,
Extended Composition) of 17 December 1997 in Case
T-121/95 EFMA v Council [1997] ECR II-2391, seeking to                    In Case C-109/99: reference to the Court under Article 177 of
have that judgment set aside, the other parties to the proceed-           the EC Treaty (now Article 234 EC) from the Tribunal
ings being: Council of the European Union (Agent: S. Mar-                 Administratif de Pau, France, for a preliminary ruling in the
quardt, assisted by H.-J. Rabe and G.M. Berrisch) and Com-                proceedings pending before that court between Association
mission of the European Communities (Agent: N. Khan) — the                Basco-Béarnaise des Opticiens Indépendants and Préfet des
Court (Sixth Chamber), composed of: R. Schintgen, President               Pyrénées-Atlantiques, supported by Mutuelle ‘Adour Mutualité’
of the Second Chamber, acting for the President of the Sixth              and Mutualité Française — Union des Pyrénées-Atlantiques —
Chamber, P.J.G. Kapteyn and H. Ragnemalm (Rapporteur),                    on the interpretation of Article 8(1)(b) of First Council Direc-
Judges; A. La Pergola, Advocate General; L. Hewlett, Adminis-             tive 73/239/EEC of 24 July 1973 on the coordination of laws,
trator, for the Registrar, has given a judgment on 21 September           regulations and administrative provisions relating to the
2000, in which it:                                                        taking-up and pursuit of the business of direct insurance other
                                                                          than life assurance (OJ 1973 L 228, p. 3), as amended by
                                                                          Council Directive 92/49/EEC of 18 June 1992 on the coordi-
1.    Dismisses the appeal;                                               nation of laws, regulations and administrative provisions
                                                                          relating to direct insurance other than life assurance and
                                                                          amending Directives 73/239/EEC and 88/357/EEC (third non-
2.    Orders European Fertilizer Manufacturers Association (EFMA)         life insurance Directive) (OJ 1992 L 228, p. 1) — the Court
      to pay the costs;                                                   (Sixth Chamber), composed of: J.C. Moitinho de Almeida
                                                                          (Rapporteur), President of the Chamber, C. Gulmann and
                                                                          J.-P. Puissochet, Judges; D. Ruiz-Jarabo Colomer, Advocate
3.    Orders the Commission of the European Communities to bear           General; L. Hewlett, Administrator, for the Registrar, has given
      its own costs.                                                      a judgment on 21 September 2000, in which it has ruled:
                                                                          1.     Article 8(1)(b) of First Council Directive 73/239/EEC of
                                                                                 24 July 1973 on the coordination of laws, regulations and
(1) OJ C 137 of 2.5.1998.                                                        administrative provisions relating to the taking-up and pursuit
                                                                                 of the business of direct insurance other than life assurance, as
                                                                                 amended by Council Directive 92/49/EEC of 18 June 1992
                                                                                 on the coordination of laws, regulations and administrative
                                                                                 provisions relating to direct insurance other than life assurance
                                                                                 and amending Directives 73/239/EEC and 88/357/EEC