CELEX: C1999/281/09
Language: en
Date: 1999-10-02 00:00:00
Title: Case C-270/99 P: Appeal brought on 19 July 1999 by the Z against the judgment delivered on 4 May 1999 by the First Chamber of the Court of First Instance of the European Communities in Case T-242/97 between Z and the European Parliament

2.10.1999              EN                     Official Journal of the European Communities                                          C 281/5
Reference for a preliminary ruling by the Landgericht                        — order the respondent to pay the costs of the two sets
Hamburg, by order of that court of 23 June 1999 in the                            of proceedings.
cases of Carl Kühne KG (GmbH & Co.), Rich. Hengsten-
berg GmbH & Co. and Ernst Nowka GmbH & Co. KG v
               JÜTRO Konservenfabrik GmbH                               Pleas in law and main arguments
                         (Case C-269/99)                                 The Court of First Instance, basing its decision on incorrect
                                                                         premisses, namely an erroneous characterisation and interpret-
                         (1999/C 281/08)                                 ation of certain provisions laid down in regulations, in
                                                                         particular Article 7 of Annex IX to the Staff Regulations of
Reference has been made to the Court of Justice of the                   officials, failed in the present case to penalise the unlawfulness
European Communities by order of the Landgericht Hamburg                 of non-compliance with strict time-limits, thereby disregarding
(District Court, Hamburg) of 23 June 1999, received at the               the principles of legal certainty and of the rights of the defence.
Court on 19 July 1999, for a preliminary ruling in the cases of
Carl Kühne KG (GmbH & Co.), Rich. Hengstenberg GmbH &
Co. and Ernst Nowka GmbH & Co. KG v JÜTRO Konservenfa-
brik GmbH on the following question:
Is Commission Regulation (EC) No 590/1999 (1) of 18 March
1999 supplementing, by the addition of the designation
‘Spreewälder Gurken’, the Annex to Regulation (EC)                       Action brought on 20 July 1999 by the Commission
No 1107/96 (2) on the registration of geographical indications           of the European Communities against the Kingdom of
and designations of origin under the procedure laid down in                                            Belgium
Article 17 of Regulation (EEC) No 2081/92 (3) compatible with
European Community law?                                                                            (Case C-271/99)
(1) OJ L 74 of 19.3.1999, p. 8.                                                                    (1999/C 281/10)
(2) OJ L 148 of 21.6.1996, p. 1.
(3) OJ L 208 of 24.7.1992, p. 1.                                         An action against the Kingdom of Belgium was brought before
                                                                         the Court of Justice of the European Communities on 20 July
                                                                         1999 by the Commission of the European Communities,
                                                                         represented by Gérard Berscheid, of its Legal Service, acting as
                                                                         Agent, with an address for service in Luxembourg at the office
                                                                         of Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.
Appeal brought on 19 July 1999 by the Z against the
judgment delivered on 4 May 1999 by the First Chamber
                                                                         The Commission of the European Communities claims that
of the Court of First Instance of the European Communi-
ties in Case T-242/97 between Z and the European                         the Court should:
                            Parliament
                                                                         (1) declare that, by failing to bring into force within the
                                                                             prescribed time-limits the laws, regulations and adminis-
                        (Case C-270/99 P)
                                                                             trative measures necessary in order to comply with Council
                                                                             Directive 95/71/EC of 22 December 1995 amending the
                         (1999/C 281/09)                                     Annex to Directive 91/493/EEC laying down the health
                                                                             conditions for the production and the placing on the
An appeal against the judgment delivered on 4 May 1999 by                    market of fishery products (1), the Kingdom of Belgium has
the First Chamber of the Court of First Instance of the                      failed to fulfil its obligations under Article 2 of Directive
European Communities in Case T-242/97 between Z and the                      95/71/EC;
European Parliament was brought before the Court of Justice
of the European Communities on 19 July 1999 by Z, represent-             (2) order the Kingdom of Belgium to pay the costs.
ed by Jean-Noël Louis, of the Brussels Bar, with an address for
service in Luxembourg at offices of Fiduciaire Myson SARL,
30 Rue de Cessange.                                                      Pleas in law and main arguments
The appellant claims that the Court should:
                                                                         The mandatory nature of the provisions of the third paragraph
    declare and rule that                                                of Article 249 EC and of the first paragraph of Article 10 EC
                                                                         is such as to oblige Member States to which directives are
    — the judgment of the Court of First Instance of the                 addressed to adopt the measures necessary in order to
         European Communities (First Chamber) of 4 May 1999              implement those directives before the expiration of the
         in Case T-242/97 Z v European Parliament is to be               time-limit prescribed for so doing. The time-limit in question
         annulled;                                                       expired on 1 July 1997 but Belgium has not adopted the
                                                                         necessary measures.
    adjudicating on the case afresh, declare that
    — the decision of the Secretary-General of the Parliament            (1) OJ L 332 of 30.12.1995, p. 40.
         of 28 October 1996, imposing on the appellant the
         disciplinary measure of downgrading from grade C 1,
         step 4, to grade C 5, step 1, is to be annulled;