CELEX: C1997/387/04
Language: en
Date: 1997-12-20 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 23 October 1997 in Case C-150/95: Portuguese Republic v. Commission of the European Communities supported by the Council of the European Union (Common agricultural policy - Regulation (EC) No 307/95 - Oil seeds - Final regional reference amounts - Exclusion of Portuguese producers from the benefit of compensatory adjustments for overshoots and non-utilization in the Community as a whole - Action for annulment)

C 387/2                                    Official Journal of the European Communities                                     20 . 12 . 97
Buckley, assisted by John D. Cooke and Jennifer Payne ) —             37 of the EC Treaty — the Court, composed of: G. C.
application for a declaration that, by establishing and               Rodriguez Iglesias, President, C. Gulmann, H.
maintaining, as against the other Member States, as part              Ragnemalm, M. Wathelet ( Presidents of Chambers ), G. F.
of a national monopoly of a commercial character,                     Mancini, J. C. Moitinho de Almeida , P. J. G. Kapteyn, J. L.
exclusive import and export rights in the electricity                 Murray, D. A. O. Edward ( Rapporteur), J. -P. Puissochet,
industry, the Italian Republic has failed to fulfil its               G. Hirsch, P. Jann and L. Sevón, Judges; G. Cosmas,
obligations under Articles 30 , 34 and 37 of the EC Treaty            Advocate General; H. von Holstein, Deputy Registrar,
— the Court, composed of: G. C. Rodriguez Iglesias,                   D. Louterman-Hubeau, Principal Administrator, for the
President, C. Gulmann, H. Ragnemalm, M. Wathelet                      Registrar, has given a judgment on 23 October 1997, in
( Presidents of Chambers ), G. F. Mancini, J. C. Moitinho             which it :
de Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O.
Edward ( Rapporteur ), J. -P. Puissochet, G. Hirsch, P. Jann
and L. Sevón, Judges; G. Cosmas, Advocate General ; H.                1 . dismisses the application;
von Holstein, Deputy Registrar, D. Louterman-Hubeau,
Principal Administrator, for the Registrar, has given a
judgment on 23 October 1997, in which it:                             2 . orders the Commission of the European Communities
                                                                           to pay the costs;
1 . dismisses the application;
                                                                      3 . orders the United Kingdom of Great Britain and
                                                                           Northern Ireland, and Ireland, as interveners, to bear
2 . orders the Commission of the European Communities                      their own costs .
     to pay the costs;
                                                                      (') OJ C 202 , 23 . 7. 1994 .
3 . orders the United Kingdom of Great Britain and
     Northern Ireland, the French Republic and Ireland, as
     interveners, to bear their own costs .
(') OJ C 202 , 23 . 7. 1994 .
                                                                                     JUDGMENT OF THE COURT
                                                                                                ( Sixth Chamber )
                                                                                              of 23 October 1997
                                                                      in Case C- 15 0/95 : Portuguese Republic v. Commission of
               JUDGMENT OF THE COURT                                  the European Communities supported by the Council of
                        of 23 October 1997                                                  the European Union (')
in Case C-159/94: Commission               of the European            (Common agricultural policy — Regulation (EC)
Communities, supported by United           Kingdom of Great           No 307/95 — Oil seeds — Final regional reference
Britain and Northern Ireland v.              French Republic,         amounts — Exclusion of Portuguese producers from the
                      supported by Ireland (')                        benefit of compensatory adjustments for overshoots and
                                                                      non-utilization in the Community as a whole — Action
 (Failure of a Member State to fulfil its obligatons —                                            for annulment)
  Exclusive rights to import and export gas and electricity)
                                                                                                   ( 97/C 387/04 )
                           ( 97/C 387/03 )
                 (Language of the case: French)                                     (Language of the case: Portuguese)
   (Provisional translation; the definitive translation will be          (Provisional translation; the definitive translation will be
          published in the European Court Reports)                               published in the European Court Reports)
 In   Case    C-159/94 :      Commission    of  the   European        In Case C-150/95 : Portuguese Republic ( Counsel :
 Communities ( Agents : Richard B. Wainwright and                     Professor João Mota de Campos, Agent: Luis Fernandes )
 Hendrik van Lier ), supported by United Kingdom of Great             v. Commission of the European Communities ( Agents:
 Britain and Northern Ireland ( Agent: Lindsey Nicoll,                Antonio Caeiro and Gerard Rozet ), supported by the
 assisted by David Anderson ) v. French Republic ( Agents:            Council of the European Union (Agents : Jan-Peter Hix
 Catherine de Salins and Jean-Marc Belorgey ), supported              and Paulo Borges ) — application for the annulment of
 by Ireland ( Agent: Michael A. Buckley, assisted by John             Commission Regulation ( EC ) No 307/95 of 14 February
 D. Cooke and Jennifer Payne ) — application for a                     1995 establishing corrected final regional reference
 declaration that, by establishing exclusive import and               amounts for producers of soya beans, rape seed, colza
 export rights for gas and electricity, the French Republic           seed and sunflower seed for the 1994/95 marketing year
 has failed to fulfil its obligations under Articles 30, 34 and        ( OJ 1995 L 36 , p. 2 ), in so far as it reduces by 20% the
 ---pagebreak--- 20 . 12 . 97             EN                  Official Journal of the European Communities                                       C 387/3
final regional reference amounts for sunflower seeds                     ( Rapporteur ), Judges, A. La Pergola, Advocate General; L.
produced in Portugal — the Court ( Sixth Chamber ),                     Hewlett, Administrator, for the Registrar, has given a
composed of: H. Ragnemalm, President of the Chamber,                    judgment on 23 October 1997 in which it:
R. Schintgen, G. F. Mancini, P. J. G. Kapteyn ( Rapporteur)
and G. Hirsch, Judges, C. O. Lenz, Advocate General;
H. A. Riihl, Principal Administrator, for the Registrar, has             1 . declares that, by determining, for the application of
given a judgment on 23 October 1997, in which it:                             the special consumer tax and the flat-rate added
                                                                              special duty, the taxable value of imported used cars
                                                                              by reducing the price of equivalent new cars by 5 %
 I . dismisses the application;                                               for each year of age of the vehicles concerned, with, as
                                                                              a rule, a maximum reduction of 20% , and by
                                                                              excluding anti-pollution technology imported used cars
2 . orders the Portuguese Republic to pay the costs;                          from the benefit of the reduced rates of the special
                                                                              consumer tax applicable to that type of vehicle, the
3 . orders the Council of the European Union to bear its                      Hellenic Republic has failed to fulfil its obligations
      own costs .
                                                                              under Article 95 of the Treaty;
(') OJ C 208 , 12 . 8 . 1995 .                                          2 . for the rest, dismisses the application;
                                                                        3 . orders the Hellenic Republic to pay the costs.
                                                                        (') OJ C 31 , 3 . 2 . 1996 .
                JUDGMENT OF THE COURT
                           ( Fifth Chamber)
                         of 23 October 1997
in    Case    C-375/95 : Commission of the European
             Communities v. Hellenic Republic ( 1 )
                                                                                         JUDGMENT OF THE COURT
(Failure to fulfil obligations — Taxation of motor vehicles
                                                                                                of 4 November 1997
                          — Discrimination)
                             ( 97/C 387/05 )                            in Case C-337/95 ( reference for a preliminary ruling from
                                                                        the Hoge Raad der Nederlanden ): Parfums Christian Dior
                                                                              SA and Parfums Christian Dior BV v. Evora BV (')
                  (Language of the case: Greek)
                                                                        (Trade mark rights and copyright — Action brought by
                                                                        the owner of those rights to stop a reseller advertising the
                                                                                further commercialization of goods — Perfume)
   (Provisional translation; the definitive translation will be
           published in the European Court Reports)                                                  ( 97/C 387/06 )
In Case C-375/95 : Commission of the European                                             (Language of the case: Dutch)
Communities (Agent: Dimitrios Gouloussis ) v. Hellenic
Republic ( Agents : Panagiotis Mylonopoulos and Anna
Rokofyllou ) application for a declaration under Article 169
of the EC Treaty that, by introducing and maintaining in                   (Provisional translation; the definitive translation will be
force provisions concerning the taxation of used cars                              published in the European Court Reports)
which, first, for the purposes of calculating the basis of
assessment to the special consumer tax permit only 5 %
for each year of age to be deducted from the selling price              In Case C-337/95 : reference to the Court under Article 177
of equivalent new vehicles, which percentage cannot                     of the EC Treaty from the Hoge Raad der Nederlanden
exceed 20 % of the value of the equivalent new vehicles                 for a preliminary ruling in the proceedings pending before
and, second, govern the levying of the flat-rate added                  that court between Parfums Christian Dior SA and
special duty without any reduction for used cars and,                   Parfums Christian Dior BV, and Evora BV — on the
third, grant tax advantages ( reduction of the special                  interpretation of Articles 30, 36 and the third paragraph
consumer tax ) only in respect of new anti-pollution                    of Article 177 of the EC Treaty and of Articles 5 and 7 of
technology cars and not imported anti-pollution                         the First Council Directive ( 89/ 104/EC ) of 21 December
technology used cars, the Hellenic Republic has failed to               1988 to approximate the laws of the Member States
fulfil its obligations under Article 95 of the EC Treaty —              relating to trade marks ( OJ 1989 L 40, p. 1 ) — the Court,
the Court ( Fifth Chamber), composed of: M. C. Gulmann,                 composed of: G. C. Rodriguez Iglesias, President, C.
President of Chamber, M. Wathelet, J. C. Moitinho de                    Gulmann ( Rapporteur ), H. Ragnemalm, R. Schintgen,
Almeida , D. A. O. Edward and J. -P. Puissochet                         Presidents of Chambers, G. F. Mancini, J. C. Moitinho de