CELEX: C1995/087/04
Language: en
Date: 1995-04-08 00:00:00
Title: JUDGMENT OF THE COURT of 23 February 1995 in Joined Cases C-358/93 and C-416/93 (references for a preliminary ruling from the Juzgado Central de lo Penal de la Audiencia Nacional): criminal proceedings against Aldo Bordessa and against Vicente Marí Mellado, Concepción Barbero Maestre (Council Directive 88/361/EEC - National authorization for the transfer of money in the form of banknotes)

No C 87/2              EN                 Official Journal of the European Communities                                   8 . 4 . 95
 Economic Community and the Republic of Austria and                   obligations under the EEC Treaty and in particular under
 adopting provisions for their implementation (2), in                 Commission Decision 90/224/EEC of 24 May 1989 on aid
 particular Protocol 3 annexed thereto concerning the                 granted by the Italian Government to Aluminia and Comsal,
 definition of the concept of 'originating products' and              two State-owned undertakings in the aluminium
 methods of administrative cooperation — the Court (Fifth             industry (2) — the Court ( Sixth Chamber), composed of
 Chamber), composed of C. Gulmann, President of the                   F.A. Schockweiler (Rapporteur), President of the Chamber,
 Chamber, J.C. Moitinho de Almeida and D.A.O. Edward                  G.F. Mancini, C.N. Kakouris, J.L. Murray and G. Hirsch,
 ( Rapporteur), Judges; C.O. Lenz, Advocate-General; H. von          Judges; F.G. Jacobs, Advocate-General; R. Grass, Registrar,
 Holstein, Deputy Registrar, for the Registrar, gave a                gave a judgment on 23 February 1995, in which it:
judgment on 23 February 1995, the operative part of which
 is as follows:
                                                                      1 . declares that by not ordering the recovery of aid
                                                                             improperly paid in 1987 to the Aluminia undertaking
It is permissible to dispense with production of the                         and the Comsal undertaking, part of the EFIM group,
 documents mentioned in Title II of Protocol 3 to the                        the Italian Republic has failed to comply with its
EEC-Austria Agreement in the version contained in Council                    obligations under the EEC Treaty and in particular
Regulation (EEC) No 1598/88 of 24 May 1988 on the                            under Commission Decision 90/224/EEC of 24 May
application of Decision No 1 /88 of the EEC-Austria Joint                    1989 on aid granted by the Italian Government to
 Committee amending Protocol 3 concerning the definition                     Aluminia and Comsal, two State-owned undertakings in
of the concept of 'originating products ' and methods of                     the aluminium industry;
administrative cooperation, where the origin ofthe goods in
issue has been established beyond doubt on the basis of
objective evidence which could not have been manipulated              2. orders the Italian Republic to pay the costs.
or falsified by those involved, where both the importer and
the exporter concerned took the steps necessary to obtain             i 1 ) OJ No C 231 , 27. 8 . 1993 .
the documents referred to in the Protocol, and where it was           (2) OJ No L 118, 9. 5 . 1990, p. 42.
for reasons beyond their control, such as anticompetitive
conduct by other persons concerned contrary both to the
objective and the terms of the Agreement, that it was
impossible for them to produce those documents.
0 ) OJ No C 215, 10 . 8 . 1993 .
(2 ) OJ No L 300 , 31 . 12 . 1972, p. 1 .                                             JUDGMENT OF THE COURT
                                                                                            of 23 February 1995
                                                                     in Joined Cases C-358/93 and C-416/93 (references for a
                                                                     preliminary ruling from the Juzgado Central de lo Penal de
                                                                     la Audiencia Nacional): criminal proceedings against Aldo
                                                                     Bordessa and against Vicente Mari Mellado, Concepción
                                                                                             Barbero Maestre l 1 )
               JUDGMENT OF THE COURT                                  (Council Directive 88/361/EEC — National authorization
                         ( Sixth Chamber)                                   for the transfer of money in the form of banknotes)
                     of 23 February 1995                                                          ( 95/C 87/04 )
in    Case   C-349/93 : Commission of the European
             Communities v. Italian Republic (*)                                       (Language of the case: Spanish)
(State aid — Commission decision ordering recovery ofaid
                      — Non-compliance)
                                                                     (Provisional translation: the definitive translation will be
                            ( 95/C 87/03 )
                                                                                 published in the European Court Reports)
                (Language of the case: Italian)                      In Joined Cases C-358/93 and C-416/93 : references to the
                                                                     Court under Article 1 77 of the EEC Treaty from the Juzgado
(Provisional translation; the definitive translation will be         Central de lo Penal de la Audiencia Nacional (National High
         published in the European Court Reports)                    Court) for a preliminary ruling in the criminal proceedings
                                                                     pending before that court against Aldo Bordessa ( Case
                                                                     C-358/93 ) and Vicente Man Mellado, Conception Barbero
In Case C-349/93 : Commission of the European                        Maestre ( Case C-416/93 ) — on the interpretation of
Communities (Agents: Antonino Abate and Vittorio Di                  Articles 30 and 59 of the EEC Treaty, and Articles 1 and 4 of
Bucci ) v. Italian Republic (Agent: Luigi Ferrari Bravo) —           Council Directive 88/361/EEC of 24 June 1988 for the
application for a declaration that by not ordering the               implementation of Article 67 of the Treaty (2) — the Court,
repayment of aid improperly paid in 1987 to the Aluminia             composed of G.C. Rodriguez Iglesias, President, F.A.
undertaking and the Comsal undertaking, part of the EFIM             Schockweiler and P.J.G. Kapteyn ( Rapporteur), (Presidents
group, the Italian Republic has failed to comply with its            of Chambers ), G.F. Mancini, C.N. Kakouris, J.C. Moitinho
 ---pagebreak---  8 . 4 . 95             EN                Official Journal of the European Communities                                  No C 87/3
de Almeida and J.L. Murray, Judges; G. Tesauro,                      products of plant origin, including fruit and vegetables (2) —
Advocate-General; D. Louterman-Hubeau, Principal                     the Court, composed of P.J.G. Kapteyn, President of the
Administrator, for the Registrar, gave a judgment on                 Chamber, C.N. Kakouris (Rapporteur) and J.L. Murray,
23 February 1995 , in which it rules:                                Judge; Advocate-General; C.O. Lenz, Registrar, R. Grass,
                                                                     gave a judgment on 23 February 1995 , whose operative part
                                                                     is as follows :
1 . rules which make the export of coins, banknotes or
      bearer cheques conditional upon a prior declaration or
      an    administrative   authorization   and      make      that Council Directive 90/642/EEC of 27 November 1990 on
      requirement subject to criminal penalties do not fall          the fixing ofmaximum levels for pesticide residues in and on
      within the scope of Articles 30 and 59 of the Treaty;          certain products of plant origin, including fruit and
                                                                     vegetables, does not preclude national legislation from
                                                                     setting maximum permissible levels for residues of
2. Articles 1 and 4 of Council Directive 88/361 /EEC of
                                                                     chlorpropham and propham on potatoes and providing for
      24 June 1 988 for the implementation ofArticle 67 ofthe        procedures for checking compliance with those levels,
      Treaty preclude the export ofcoins, banknotes or bearer        subject to the provisions of Articles 30 and 36 of the EC
      cheques being made conditional on prior authorization          Treaty.
      but do not by contrast preclude a transaction of that
      nature being made conditional on a prior declaration;
                                                                     ( x ) OJ No C 103 , 11 . 4 . 1994 .
                                                                     (2 ) OJ No L 350, 14 . 12 . 1990, p . 71 .
3 . Article 1 in conjunction with Article 4 of Directive
      88/361 /EEC may be relied on before national courts and
      render inapplicable national rules which conflict with
      those provisions.
(!) OJ No C 235 , 31 . 8 . 1993 . OJ No C 298 , 4 . 11 . 1993 .
(2 ) OJ No L 178 , 8 . 7. 1988 , p . 5 .
                                                                                   JUDGMENT OF THE COURT
                                                                                              of 7 March 1995
                                                                     in Case C-68/93 (reference for a preliminary ruling from the
                                                                     House of Lords ): Fiona Shevill, Ixora Trading Inc.,
                                                                     Chequepoint SARL, Chequepoint International Ltd v.
                                                                                           Presse Alliance SA (*)
                JUDGMENT OF THE COURT
                                                                     (Brussels Convention — Article 5 (3) — Place where the
                        (Fourth Chamber)
                                                                       harmful event occurred — Libel by a newspaper article)
                      of 23 February 1995                                                         ( 95/C 87/06 )
in Joined Cases C-54/94 and C-74/94 (reference for a
preliminary ruling from the Pretura Circondariale,
Macerata: criminal proceedings against Ulderico                                      (Language of the case: English)
              Cacchiarelli and Gino Stanghellini i 1 )
(Council Directives 76/895/EEC and 90/642/EEC —
                                                                     In Case C-68/93 : reference to the Court under the Protocol
Maximum permissible levels ofpesticide residues on or in
                             potatoes)                               of 3 June 1971 on the interpretation by the Court of Justice
                                                                     of the Convention of 27 September 1968 on Jurisdiction
                            95/C 87/05 )                             and the Enforcement of Judgments in Civil and Commercial
                                                                     Matters by the House of Lords for a preliminary ruling in
                 (Language of the case: Italian)                     the proceedings pending before that court between Fiona
                                                                     Shevill, Ixora Trading Inc ., Chequepoint SARL,
                                                                     Chequepoint International Ltd and Presse Alliance SA — on
(Provisional translation; the definitive translation will be         the interpretation of Article 5 ( 3 ) of the abovementioned
           published in the European Court Reports)                  Convention of 27 September 1968 (2 ) as amended by the
                                                                     Convention of 9 October 1978 on the accession of the
                                                                     Kingdom of Denmark, Ireland and the United Kingdom of
In Joined Cases C-54/94 and C-74/94: references to the               Great Britain and Northern Ireland (3 ) and by the
Court under Article 177 of the EEC Treaty by the                     Convention of 25 October 1982 on the accession of the
investigating judge of the Pretura Circondariale (District           Hellenic Republic (4) — the Court, composed of G.C.
Magistrate's Court), Macerata, Italy, for a preliminary              Rodriguez Iglesias, President, F.A. Schockweiler
ruling in the criminal proceedings before that court against         ( Rapporteur), P.J.G. Kapteyn and C. Gulmann (Presidents
Gino Stanghellini ( Case C-54/94 ) and Ulderico Cacchiarelli         of Chambers ), G.F. Mancini, C.N. Kakouris, J.C. Moitinho
( Case C-74/94 ) on the interpretation of Council Directive          de Almeida, J.L. Murray, D.A.O. Edward, J.-P. Puissochet
90/642/EEC of 27 November 1990 on the fixing of                      and G. Hirsch, Judges; M. Darmon, subsequently P. Leger,
maximum levels for pesticide residues in and on certain              Advocate-General; L. Hewlett, Administrator, for the