CELEX: C1995/054/05
Language: en
Date: 1995-03-04 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 17 January 1995 in Case C-93/94: Commission of the European Communities v. Kingdom of the Netherlands (Failure to fulfil obligations - Council Directive 90/667/EEC - Failure to transpose within the prescribed period)

4 . 3 . 95           EN                 Official Journal of the European Communities                                  No C 54/3
Fifth Chamber                                                      Messrs Norton Rose, Kempson House, PO Box 570,
                                                                   Camomile Street, London EC3A 7AN — the Court (Fifth
(President: Mr Gulmann)                                            Chamber), composed of: G. C. Rodriguez Iglesias
                                                                   (Rapporteur), President of the Court acting as President of
Mr Joliet,                                                         the Chamber, J. C. Moitinho de Almeida and D. A. O.
Mr Edward,                                                         Edward, Judges; C. O. Lenz, Advocate General; L. Hewlett,
Mr Jann,                                                           Administrator, for the Registrar, has given a judgment on
Mr Sevón,                                                          17 January 1995 , in which it:
Mr Moitinho de Almeida, and
Mr Puissochet, Judges                                              1 . sets aside the judgment of the Court of First Instance of
                                                                        9 July 1992 in Case T-66/89;
Sixth Chamber
                                                                   2. annuls Articles 2, 3 and 4 of Commission Decision
( President: Mr Schockweiler)                                           89/44/EEC of 12 December 1988 relating to a
                                                                        proceeding under Article 85 of the EEC Treaty
Mr Kakouris,                                                            (IV/27.393 and IV/27.394, Publishers Association —
Mr Kapteyn,                                                             Net Book Agreements);
Mr Murray,
Mr Ragnemalm,                                                      3.   orders the Commission to bear its own costs and all the
Mr Mancini, and                                                         costs incurred by the appellant, both in the proceedings
Mr Hirsch, Judges.                                                      before the Court ofFirst Instance and in the proceedings
                                                                        before this Court, and the costs incurred before this
                                                                        Court relating to the intervention by Clé — The Irish
                                                                        Book Publishers Association and the Booksellers
                                                                        Association of Great Britain and Ireland;
              JUDGMENT OF THE COURT                                4. orders Pentos Pic and Pentos Retailing Group Ltd to
                       (Fifth Chamber)                                  bear their own costs.
                     of 17 January 1995
                                                                   (!) OJ No C 288 , 5 . 11 . 1992 .
in Case C-360/92 P: Publishers Association v. Commission           (2 ) Case T-66/89, Publishers Association and the Commission,
              of the European Communities ( J )                         ECR II, p. 1995 .
 (Appeal — Competition — Net price system for books —
Rejection of an application for exemption under
Article 85 (3) — Indispensability of restrictions on
                         competition)
                          95/C 54/04
                                                                                  JUDGMENT OF THE COURT
                                                                                            (Fifth Chamber)
               (Language of the case: English)
                                                                                          of 17 January 1995
In Case C-360/92 P: Publishers Association, whose head                    in Case C-93/94: Commission of the European
office is in London, represented by J. Lever QC, M. Pelling               Communities v. Kingdom of the Netherlands i 1 )
and R. W. R. Thompson, Barristers, and R. Griffith,                 (Failure to fulfil obligations — Council Directive
Solicitor, of Messrs Clifford Chance, with an address for          90/667/EEC — Failure to transpose within the prescribed
service in Luxembourg at the Chambers of M. Loesch, 8 Rue                                         period)
Zithe, supported by Clé — The Irish Book Publishers                                           ( 95/C 54/05 )
Association, whose office is in Dublin, represented by J. D.
 Cooke SC and R. Heron, Solicitor, of Messrs Matheson,
 Ormsby & Prentice, with an address for service in                                  (Language of the case: Dutch)
Luxembourg at the Chambers of M. Loesch, 8 Rue Zithe,
and by Booksellers Association of Great Britain and Ireland,        (Provisional translation; the definitive translation will be
whose office is in London, represented by C. Quigley,                        published in the European Court Reports)
Barrister, and M. Nathanson, Solicitor, of Messrs
Penningtons, with an address for service in Luxembourg at           In Case C-93/94: Commission of the European
the Chambers of M. Loesch, 8 Rue Zithe — appeal against             Communities (Agent: Thomas van Rijn ) v. Kingdom of the
the judgment of the Court of First Instance ( Second               Netherlands (Agents: J. W. de Zwaan and J. S. van den
 Chamber ) of 9 July 1992 (2), seeking to have that judgment        Oosterkamp) — application for a declaration that, by failing
set aside, the other party to the proceedings being                 to adopt the measures necessary for the transposition of
 Commission of the European Communities (B. J. Drijber,             Council Directive 90/667/EEC of 27 November 1990 laying
Agent, assisted by N. Forwood QC), supported by Pentos              down the veterinary rules for the disposal and processing of
 pic, whose registered office is in London, and Pentos              animal waste, for its placing on the market and for the
 Retailing Group Ltd, whose registered office is in                 prevention of pathogens in feedstuffs of animal or fish
 Birmingham, both represented by R. P. Falkner, Solicitor, of       origin, and amending Directive 90/425/EEC (2 ), the
 ---pagebreak---  No C 54/4             EN                  Official Journal of the European Communities                                       4. 3 . 95
Kingdom of the Netherlands has failed to fulfil its                   C-351/93 ) the interpretation and validity of Article 2 ( 3 ) of
obligations under the EC Treaty — the Court ( Fifth                   Commission Regulation (EEC ) No 2237/85 of 30 July 1985
Chamber), composed of: C. Gulmann, President of the                   laying down detailed rules for the application of the
Third Chamber, acting as President of the Fifth Chamber,              minimum import price system for dried grapes (2) and on the
J. C. Moitinho de Almeida, D. A. O. Edward (Rapporteur),              interpretation of Article 9 of Council Regulation (EEC)
Judges; G. Tesauro, Advocate General; R. Grass, Registrar,            No 426/86 of 24 February 1986 on the common
has given a judgment on 17 January 1995, in which it:                 organization of the market in products processed from fruit
                                                                      and vegetables ( 3 ); on (in Case C-352/93 ) the interpretation
                                                                      of Commission Regulation (EEC) No 994/88 of 15 April
 1 . declares that, by failing to adopt the measures necessary
                                                                      1988 on the application of the countervailing charge
     for the transposition of Council Directive 90/667/EEC            pursuant to Regulation (EEC) No 2742/82 on protective
     of 27 November 1990 laying down the veterinary rules             measures applicable to imports of dried grapes (4), on the
     for the disposal and processing of animal waste, for its         interpretation and validity of Article 4 ( 3 ) of Commission
     placing on the market and for the prevention of                  Regulation ( EEC ) No 2742/82 of 13 October 1982 on
     pathogens in feedstuffs of animal or fish origin, and            protective measures applicable to imports of dried
     amending Directive 90/425/EEC, the Kingdom of the                grapes (5 ), and on the interpretation of Article 14 of Council
     Netherlands has failed to fulfil its obligations under           Regulation (EEC ) No 516/77 of 14 March 1977 on the
     Article 21 (1) of the first-mentioned directive;
                                                                      common organization of the market in products processed
                                                                      from fruit and vegetables (6); and (in Case C-353/93 ) on the
2. orders the Kingdom of the Netherlands to pay the                   interpretation and validity of Article 3 ( 3 ) of Commission
     costs.                                                           Regulation ( EEC ) No 1626/85 of 14 June 1985 on
                                                                      protective measures applicable to imports of certain
(M OJ No C 120, 30 . 4 . 1994 .                                       Morello cherries ( 7) and on the interpretation of
(2 ) OJ No L 363 , 27. 12 . 1990, p . 51 .                            Article 18 (2 ) of Regulation No 426/86 — the Court ( Sixth
                                                                      Chamber), composed of: F. A. Schockweiler, President of
                                                                      the Chamber, P. J. G. Kapteyn, G. F. Mancini, C. N.
                                                                      Kakouris (Rapporteur) and J. L. Murray, Judges; W. van
                                                                      Gerven, Advocate General; H. A. Riihl, Principal
                                                                      Administrator, for the Registrar, has given a judgment on
                                                                      19 January 1995 , in which it rules:
               JUDGMENT OF THE COURT
                        (Sixth Chamber)                               Case C-352/93
                     of 19 January 1995
in Joined Cases C-351/93, C-352/93 and C-353/93                       1 . Community law is to be interpreted as meaning that the
(references for preliminary rulings from the College van                  legel basis for calculation of a countervailing charge
Beroep voor het Bedrijfsleven): Fitmay Ltd and H. A. van                  imposed for the first time after delivery of the judgment
der Linde v. Minister van Landbouw, Natuurbeheer en                       ofl 1 February 1988 in Case 77/86 National Dried Fruit
Visserij and Tracotex Holland BV v. Minister van                          Trade Association [1988] ECR 757 is Article 2 (2) of
           Landbouw, Natuurbeheer en Visserij ( l )                       Commission Regulation (EEC) No 2742/82 of
                                                                          13 October 1982 on protective measures applicable to
(Common organization ofthe market in productsprocessed                    imports of dried grapes, in so far as it was not declared
from fruit and vegetables — Import into the Community of                  invalid by that judgment;
driedgrapes and Morello cherries — Countervailing charge
if the minimum import price is not respected —
Determination of the actual import price — Extent of the             2. Article 4 (3) of Regulation No 2742/82 is to be
      powers of the authorities of the Member States)                     interpreted as meaning that if the competent authorities
                                                                          have doubts as to whether the import price declared is
                          ( 95/C 54/06)                                   the true one, they may take al necessary measures to
                                                                          establish that price;
                (Language of the case: Dutch)
                                                                     3 . consideration of the question has disclosed no factor of
                                                                          such a kind as to affect the validity of Article 4 (3) of
(Provisional translation; the definitive translation will be
                                                                          Regulation No 2742/82.
         published in the European Court Reports)
                                                                     Case C-351 /92
In Joined Cases C-351/93 , C-352/93 and C-353/93 :
references to the Court under Article 177 of the EEC Treaty
from the College van Beroep voor het Bedrijfsleven                   1 . Article 2 (3) of Commission Regulation (EEC)
(Administrative Court for Trade and Industry),                            No 2237/85 of 30 July 1985 laying down detailed rules
Netherlands, for preliminary rulings in the proceedings                   for the application of the minimum import price system
pending before that court between Fitmay Ltd and H. A. van                for dried grapes is to be interpreted as meaning that ifthe
der Linde and Minister van Landbouw, Natuurbeheer en                      national authorities have doubts as to whether the
Visserij and between Tracotex Holland BV and Minister van                 import price declared is the true one, they may take all
Landbouw, Natuurbeheer en Visserij — on (in Case                          necessary measures to establish that price;