CELEX: C1999/100/11
Language: en
Date: 1999-04-10 00:00:00
Title: Judgment of the Court of 23 February 1999 in Case C-42/97: European Parliament v. Council of the European Union (Council Decision 96/664/EC - Promotion of linguistic diversity of the Community in the information society - Legal basis)

10.4.1999             EN                  Official Journal of the European Communities                                      C 100/7
Nordhorn (Germany) for a preliminary in the criminal                 Florence (Italy), for a preliminary ruling in the criminal
proceedings before that court against Arnoldus van der               proceedings pending before that court against Massimo
Laan Ð on the interpretation of Article 30 of the EC                 Romanelli, Paolo Romanelli Ð on the interpretation of
Treaty Ð the Court (First Chamber), composed of: P. Jann             Article 3 of the Second Council Directive 89/646/EEC of
(Rapporteur), (President of the Chamber) D. A. O.                    15 December 1989 on the coordination of laws,
Edward and M. Wathelet, Judges, J. Mischo, Advocate-                 regulations and administrative provisions relating to the
General; H. A. Rühl, Principal Administrator, for the                taking up and pursuit of the business of credit institutions
Registrar, has given a judgment on 9 February 1999, in               and amending Directive 77/780/EEC (OJ L 386,
which it has ruled:                                                  30.12.1989, p. 1) Ð the Court (Sixth Chamber),
                                                                     composed of: P. J. G. Kapteyn (Rapporteur), President of
                                                                     the Chamber, G. Hirsch, J. L. Murray, H. Ragnemalm and
It is contrary to Article 30 of the EC Treaty for national           R. Schintgen, Judges; N. Fennelly, Advocate-General; H.
rules to prohibit, for reasons of consumer protection, the           von Holstein, Deputy Registrar, for the Registrar, has
marketing of foodstuffs lawfully manufactured and                    given a judgment on 11 February 1999, in which it has
marketed in another Member State, where consumers are                ruled:
protected by means of labelling in accordance with the
provisions of Council Directive 79/112/EEC of
18 December 1978 on the approximation of the laws of                 The term other repayable funds' in Article 3 of the
the Member States relating to the labelling, presentation            Second Council Directive 89/646/EEC of 15 December
and advertising of foodstuffs, in particular those                   1989 on the coordination of laws, regulations and
concerning the description of products and the list of               administrative provisions relating to the taking up and
ingredients.                                                         pursuit of the business of credit institutions and amending
                                                                     Directive 77/780/EEC refers not only to financial
                                                                     instruments which possess the intrinsic characteristic of
It is contrary to Articles 2 and 5(1) of Directive 79/112/           repayability, but also to those which, although not
EEC to use a trade description which does not make it                possessing that characteristic, are the subject of a
possible for purchasers in the State where the product is            contractual agreement to repay the funds paid.
sold to ascertain the true nature of the foodstuff.
                                                                     (1) OJ C 370, 6.12.1997.
Where the quantity of added water represents more than
5 % by weight of the finished product, failure to include
water' in the list of ingredients constitutes infringement of
Article 3(1), read in conjunction with Article 6(5)(a), of
Directive 79/112/EEC.
                                                                                   JUDGMENT OF THE COURT
(1) OJ C 7, 10.1.1998.
                                                                                          of 23 February 1999
                                                                     in Case C-42/97: European Parliament v. Council of the
                                                                                           European Union (1)
                                                                     (Council Decision 96/664/EC Ð Promotion of linguistic
                                                                     diversity of the Community in the information society Ð
                                                                                              Legal basis)
              JUDGMENT OF THE COURT
                                                                                            (1999/C 100/11)
                        (Sixth Chamber)
                     of 11 February 1999                                            (Language of the case: French)
in Case C-366/97 (reference for a preliminary ruling from
the Tribunale Civile e Penale, Florence): criminal
proceedings against Massimo Romanelli and Paolo                        (Provisional translation; the definitive translation will be
                          Romanelli (1)                                       published in the European Court Reports)
(Freedom to provide services Ð Credit institutions Ð
                       Repayable funds)                              In Case C-42/97: European Parliament (Agents: Johann
                                                                     Schoo and Norbert Lorenz) v. Council of the European
                        (1999/C 100/10)                              Union (Agents: Bjarne Hoff-Nielsen and FreÂdeÂric Anton)
                                                                     Ð Application for annulment of Council Decision 96/664/
                (Language of the case: Italian)                      EC of 21 November 1996 on the adoption of a
                                                                     multiannual programme to promote linguistic diversity of
                                                                     the Community in the information society (OJ L 306,
  (Provisional translation; the definitive translation will be       28.11.1996, p. 40) Ð the Court, composed of: P. J. G.
         published in the European Court Reports)                    Kapteyn, President of the Fourth and Sixth Chambers,
                                                                     actig as President, G. Hirsch and P. Jann (Presidents of
                                                                     Chambers), G. F. Mancini, J. C. Moitinho de Almeida, C.
In Case C-366/97: reference to the Court under Article 177           Gulmann, J. L. Murray, L. Sevón (Rapporteur), M.
of the EC Treaty from the Tribunale Civile e Penale,                 Wathelet, R. Schintgen and K. M. Ioannou, Judges;
 ---pagebreak--- C 100/8               EN                  Official Journal of the European Communities                                    10.4.1999
Advocate-General: A. La Pergola, Registrar: H. von                   within the meaning of Article 905(1) of Commission
Holstein, Assistant Registrar, has given a judgment on               Regulation (EEC) No 2454/93 of 2 July 1993 laying
23 February 1999, in which it:                                       down provisions for the implementation of Council
                                                                     Regulation (EEC) No 2913/92 establishing the
                                                                     Community        Customs      Code       exist,   necessitating
1. Dismisses the application;                                        examination of the file by the Commission, where, having
                                                                     regard to the objective of fairness underlying Article 239
                                                                     of Regulation (EEC) No 2913/92 factors liable to place
                                                                     the applicant in an exceptional situation as compared with
2. Orders the Parliament to pay the costs.                           other operators engaged in the same business are found to
                                                                     exist and the conditions laid down in Article 900(1)(a) of
                                                                     Regulation No 2454/93, for remission of customs duties in
(1) OJ C 74, 8.3.1997.                                               favour of an applicant, are not fulfilled.
                                                                     (1) OJ C 131, 26.4.1997.
              JUDGMENT OF THE COURT
                       (Sixth Chamber)
                     of 25 February 1999                                           JUDGMENT OF THE COURT
in Case C-86/97 (reference for a preliminary ruling from                                    (Sixth Chamber)
the Bundesfinanzhof): Reiner Woltmann, trading as
      Trans-Ex-Import' v. Hauptzollamt Potsdam (1)                                      of 25 February 1999
(Theft of goods Ð Customs duties Ð Remission Ð                       in   Case   C-195/97: Commission of the              European
                       Special situation)                                        Communities v. Italian Republic (1)
                       (1999/C 100/12)                               (Failure by a Member State to fulfil its obligations Ð
                                                                             Failure to transpose Directive 91/676/EEC)
                                                                                            (1999/C 100/13)
               (Language of the case: German)
                                                                                     (Language of the case: Italian)
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)
                                                                       (Provisional translation; the definitive translation will be
In Case C-86/97: reference to the Court under Article 177                     published in the European Court Reports)
of the EC Treaty from the Bundesfinanzhof, Germany, for
a preliminary ruling in the proceedings pending before
that court between Reiner Woltmann, trading as Trans-
Ex-Import', and Hauptzollamt Potsdam Ð on the                        In Case C-195/97: Commission of the European
interpretation of Article 905(1) of Commission Regulation            Communities (Agent: Paolo Stancanelli) v. Italian Republic
(EEC) No 2454/93 of 2 July 1993 laying down provisions               (Agent: Professor Umberto Leanza, assisted by Pier
for the implementation of Council Regulation (EEC)                   Giorgio Ferri) Ð application for a declaration that, by
No 2913/92 establishing the Community Customs Code                   failing to adopt and communicate within the prescribed
(OJ L 253, 11.10.1993, p. 1) Ð the Court (Sixth                      period the provisions necessary to transpose into domestic
Chamber), composed of: G. Hirsch, President of the                   law Council Directive 91/676/EEC of 12 December 1991
Second Chamber, acting as President of the Sixth                     concerning the protection of waters against pollution
Chamber, G. F. Mancini, J. L. Murray (Rapporteur), H.                caused by nitrates from agricultural sources (OJ L 375,
Ragnemalm and R. Schintgen, Judges; G. Cosmas,                       31.12.1991, p. 1), and in particular by failing to comply
Advocate-General; R. Grass, Registrar, has given a                   with the obligation laid down in Article 3(2) of the
judgment on 25 February 1999, in which it has ruled:                 Directive, the Italian Republic has failed to fulfil its
                                                                     obligations under Community law Ð the Court (Sixth
                                                                     Chamber), composed of: P. J. G. Kapteyn, President of the
                                                                     Chamber, G. F. Mancini, J. L. Murray (Rapporteur), H.
Factors which might constitute a special situation resulting         Ragnemalm and K. M. Ioannou, Judges; P. LeÂger,
from circumstances in which no deception or obvious                  Advocate-General; R. Grass, Registrar, has given a
negligence may be attributed to the person concerned,                judgment on 25 February 1999, in which it: