CELEX: C1997/295/08
Language: en
Date: 1997-09-27 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 17 July 1997 in Case C-242/95 (reference for a preliminary ruling from the Østre Landsret): GT-Link A/S v. De Danske Statsbaner (DSB) (Transport by sea - Harbour duties on shipping and goods - Import surcharge - Abuse of a dominant position)

27. 9 . 97             EN                  Official Journal of the European Communities                                      C 295/5
Beroep voor het Bedrijfsleven ( Administrative Court for              2 . orders the appellant to pay the costs.
Trade and Industry ) ( Netherlands ) for a preliminary ruling
in the proceedings pending before that court between                  H OJ C 208 , 12 . 8 . 1995 .
Affish BV and Rijksdienst voor de Keuring van Vee en
Vlees — on the validity of Commission Decision 95/119/
EC of 7 April 1995 concerning certain protective measures
with regard to fishery products originating in Japan ( OJ
L 80, 8 . 4. 1995, p. 56) — the Court, composed of: G. C.
Rodriguez Iglesias, President, J. L. Murray and L. Sevon
(Rapporteur), Presidents of Chambers, P. J. G. Kapteyn, C.                           JUDGMENT OF THE COURT
Gulmann, D. A. O. Edward, J. -P. Puissochet, G. Hirsch, P.
Jann, H. Ragnemalm and M. Wathelet, Judges; G.                                                ( Sixth Chamber)
Cosmas, Advocate-General; H. A. Riihl, Principal                                               of 17 July 1997
Administrator, for the Registrar, has given a judgment on
17 July 1997, in which it has ruled:                                  in Case C-242/95 (reference for a preliminary ruling from
                                                                      the Østre Landsret): GT-Link A/S v. De Danske Statsbaner
                                                                                                   (DSB ) O
Examination of Commission Decision 95/119/EC of
7 April 1995 concerning certain protective measures with              (Transport by sea — Harbour duties on shipping and
regard to fishery products originating in Japan has not               goods — Import surcharge — Abuse of a dominant
revealed any factor of such a kind as to affect its validity.                                      position)
                                                                                                ( 97/C 295/08 )
H OJ C 208 , 12 . 8 . 1995 .
                                                                                      (Language of the case: Danish)
                                                                        (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
               JUDGMENT OF THE COURT
                        ( Sixth Chamber)
                                                                      In Case C-242/95 : reference to the Court under Article 177
                         of 17 July 1997                              of the EC Treaty from the 0stre Landsret (Denmark ) for a
in Case C-2 19/95 P: Ferriere Nord SpA v. Commission of               preliminary ruling in the proceedings pending before that
                 the European Communities (')                         court between GT-Link A/S and De Danske Statsbaner
                                                                      ( DSB ) on the interpretation of Articles 9 to 13 , 84 , 86, 90
 (Competition — Infringement of Article 85 of the EEC                 and 95 of the EEC Treaty, the Court ( Sixth Chamber),
                               Treaty)                                composed of: G. E Mancini, President of the Chamber,
                          ( 97/C 295/07)                              J. L. Murray and P. J. G. Kapteyn ( Rapporteur), Judges;
                                                                      F. G. Jacobs, Advocate-General; H. von Holstein, Deputy
                                                                      Registrar, for the Registrar, gave a judgment on 17 July
                 (Language of the case: Italian)                       1997, in which it has ruled:
   (Provisional translation; the definitive translation will be
                                                                       1 . It is contrary to Article 95 of the EEC Treaty for a
          published in the European Court Reports)                         Member State to impose a 40% import surcharge on a
                                                                           general duty levied on goods loaded, unloaded, or
In Case C-219/95P: Ferriere Nord SpA, a company                            otherwise taken on board or landed within its ports or
incorporated under the laws of Italy, established in                       in the deep-water approach channels to its ports where
 Osoppo ( Italy), represented by Wilma Viscardini Dona, of                 goods are imported by ship from another Member
the Padua Bar, with an address for service in Luxembourg                   State.
 at the Chambers of Ernest Arendt, 8— 10 Rue Mathias
Hardt — appeal against the judgment of the Court of First
Instance ( First Chamber ) of 6 April 1995 in Case T-143/             2 . It is for the domestic legal order of each Member State
 89 Ferriere Nord v. Commission [ 1995] ECR 11-917,                        to lay down the detailed procedural rules, including
 seeking to have that judgment set aside, the other party to               those relating to the burden of proof, governing
the proceedings being Commission of the European                           actions for safeguarding rights which individuals
 Communities ( Agent: Enrico Traversa, assisted by Alberto                 derive from the direct effect of Article 86 of the
 Dal Ferro ) — the Court ( Sixth Chamber), composed of:                    Treaty, provided that such rules are not less favourable
 G. F. Mancini, President of the Chamber, J. L. Murray,                    than those governing similar domestic actions and do
 P. J. G. Kapteyn, G. Hirsch and H. Ragnemalm                              not render virtually impossible or excessively difficult
 ( Rapporteur), Judges; P. Leger, Advocate-General; R.                     the exercise of rights conferred by the Community
 Grass, Registrar, has given a judgment on 17 July 1997, in                legal order.
 which it:
                                                                       3 . Where a public undertaking that owns and operates a
 1 . dismisses the appeal;                                                 commercial port occupies a dominant position in a
 ---pagebreak--- C 295/6                1 EN 1               Official Journal of the European Communities                                   27 . 9 . 97
     substantial part of the common market, it is contrary             Oberverwaltungsgericht fur das Land Nordrhein-Westfalen
     to Article 90 (1 ) in conjunction with Article 86 of the          ( Higher Administrative Court for the Land of North
     Treaty for that undertaking to levy port duties of an             Rhine Westphalia ) ( Germany ) for a preliminary ruling in
     unreasonable amount pursuant to regulations adopted               the proceedings pending before that court between SAM
     by the Member State to which it is answerable or for              Schiffahrt GmbH, Heinz Stapf and Federal Republic of
     it to exempt its own ferry services from payment of               Germany — on the validity of Council Regulation ( EEC )
     those duties and, reciprocally, some of its trading               No 1101 /89 of 27 April 1989 on structural improvements
     partners ' ferry services, in so far as such exemptions           in inland waterway transport ( OJ L 116 , 28 . 4. 1989 ,
     involve application of dissimilar .conditions to                  p. 25 ), and of Commission Regulation ( EEC) No 1102/89
     equivalent transactions. It is for the national court to          of 27 April 1989 laying down certain measures for
     determine whether, having regard to the level of the              implementing Regulation ( EEC ) No 1101/89 ( OJ L 116 ,
     duties and the economic value of the services supplied,           28 . 4 . 1989, p. 30 ), as amended by Commission
     the amount of duty is actually unfair. It is also for the         Regulation ( EEC ) No 3685/89 of 8 December 1989 ( OJ
     national court to determine whether exempting its                 L 360, 9 . 12 . 1989 , p. 20 ) — the Court ( Fifth Chamber ),
     own ferry services, and reciprocally those of some of             composed of: J. C. Moitinho de Almeida, President of the
     its trading partners, from payment of duties in fact              Chamber, C. Gulmann ( Rapporteur), D. A. O. Edward, J.­
     amounts to the application of dissimilar conditions to            R Puissochet and M. Wathelet, Judges; F. G. Jacobs,
     equivalent transactions.                                          Advocate-General; H. A. Riihl, Principal Administrator,
                                                                       for the Registrar, has given a judgment on 17 July 1997,
                                                                       in which it has ruled :
4 . Article 90 (2) of the Treaty does not permit a public
     undertaking which owns and operates a commercial
     port to levy port duties charged for the use of port
     facilities which are contrary to Community law and                Examination of the questions referred has revealed no
     which are not necessary for the performance of the                factor of such a kind as to affect the validity of Council
     particular task assigned to it.                                   Regulation (EEC) No 1101 /89 of 27 April 1989, on
                                                                       structural improvements in inland waterway transport,
                                                                       and of Commission Regulation (EEC) No 1102/89 of
5 . The persons or undertakings on whom the duty was                   27 April 1989 laying down certain measures for
     imposed in breach of Article 90 (1 ) in conjunction               implementing Regulation (EEC) No 1101 /89, as amended
     with Article 86 of the Treaty by a public undertaking             by Commission Regulation (EEC) No 3685/89 of
     which is responsible to a national ministry and whose             8 December 1989 .
     budget comes under the Finance Act have in principle
     the right to repayment of the duty unduly paid.
                                                                        H OJ C 248 , 23 . 9 . 1995 .
(•) OJ C 248 , 23 . 9 . 1995 .
                                                                                      JUDGMENT OF THE COURT
                JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                      ( Sixth Chamber)
                           of 17 July 1997                                                       of 17 July 1997
in Joined Cases C-248/95 and C-249/95 ( references for a               in Case C-3 54/95 ( reference for a preliminary ruling from
preliminary ruling from the Oberverwaltungsgericht fur                  the High Court of Justice, Queen's Bench Division): The
das Land Nordrhein-Westfalen ): SAM Schiffahrt GmbH,                    Queen v. Minister for Agriculture, Fisheries and Food, ex
        Heinz Stapf v. Federal Republic of Germany ( ] )                       parte: National Farmers' Union and Others ( ')
 (Inland waterway transport — Structural improvements —                 (Common agricultural policy — Regulation (EEC)
Contributions to Scrapping Fund — Validity of                           No 3887/92 — Integrated administration and control
                       Community legislation)                           system for certain Community aid schemes —
                            ( 97/C 295/09 )                             Implementing rules — Interpretation and validity of
                                                                                                     penalties)
                 (Language of the case: German)                                                   ( 97/C 295/ 10 )
   (Provisional translation; the definitive translation will be                        (Language of the case: English)
           published in the European Court Reports)
In Joined Cases C-248/95 and C-249/95 : references to the               In Case C-354/95 : reference to the Court under Article 177
Court under Article 177 of the EC Treaty from the                       of the EC Treaty from the High Court of Justice, Queen's