Official Journal
of the European Communities
ISSN 0378-6986

C 278
Volume 41
5 September 1998
English editionInformation and Notices

Notice NoContentsPage
I Information
Court of Justice
98/C 278/01Judgment of the Court (Fifth Chamber) of 18 June 1998 in Case C-35/96: Commission of the European Communities v. Italian Republic (Action for failure to fulfil obligations - Agreements, decisions and concerted practices - Fixing of business tariffs - Customs agents - Legislation reinforcing the effects of an agreement) 1
98/C 278/02Judgment of the Court (Sixth Chamber) of 18 June 1998 in Case C-43/96: Commission of the European Communities v. French Republic (Failure to fulfil obligations - Sixth Council Directive 77/388/EEC - Article 17(2) and (6) - Right to deduct VAT - Exclusions provided for by national rules predating the Sixth Directive) 1
98/C 278/03Judgment of the Court (Sixth Chamber) of 18 June 1998 in Case C-81/96 (reference for a preliminary ruling from the Nederlandse Raad van State): Burgemeester en wethouders van Haarlemmerliede en Spaarnwoude and Others v. Gedeputeerde Staten van Noord-Holland (Council Directive 85/337/EEC - New consent for a zoning plan) 2
98/C 278/04Judgment of the Court (Fifth Chamber) of 18 June 1998 in Case C-266/96 (reference for a preliminary ruling from the Tribunale di Genova): Corsica Ferries France SA v. Gruppo Antichi Ormeggiatori del Porto di Genova Coop. arl, Gruppo Ormeggiatori del Golfo di La Spezia Coop. arl, Ministero dei Trasporti e della Navigazione (Freedom to provide services - Maritime transport - Undertakings holding exclusive rights - Mooring services for vessels in ports - Compliance with the competition rules - Tariffs) 2
98/C 278/05Judgment of the Court (Sixth Chamber) of 18 June 1998 in Case C-183/97: Commission of the European Communities v. Portuguese Republic (Failure of a Member State to fulfil its obligations - Failure to transpose Directive 80/68/EEC) 3
98/C 278/06Judgment of the Court (Sixth Chamber) of 18 June 1998 in Case C-208/97: Commission of the European Communities v. Portuguese Republic (Failure to fulfil obligations - Directive 84/156/EEC - Failure to transpose within the prescribed period) 4
98/C 278/07Judgment of the Court (Sixth Chamber) of 25 June 1998 in Case C-192/96 (reference for a preliminary ruling from the Netherlands Raad van State): Beside BV and I. M. Besselsen v. Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer (Management, transport and storage of municipal/household waste - Illegal traffic) 4
98/C 278/08Judgment of the Court (Sixth Chamber) of 25 June 1998 in Case C-203/96 (reference for a preliminary ruling from the Nederlandse Raad van State): Chemische Afvalstoffen Dusseldorp BV and Others v. Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer (Shipments of waste for recovery - Principles of self-sufficiency and proximity) 5
98/C 278/09Judgment of the Court of 30 June 1998 in Case C-394/96 (reference for a preliminary ruling from the House of Lords): Mary Brown v. Rentokil Initial UK Limited (formerly Rentokil Limited) (Equal treatment for men and women - Dismissal of a pregnant woman - Absences due to illness arising from pregnancy) 6
98/C 278/10Judgment of the Court (Second Chamber) of 2 July 1998 in Joined Cases C-225/95, C-226/95 and C-227/95 (reference for a preliminary ruling from the Diikitiko Protodikio, Athens): Anestis Kapasakalis and Others v. Greek State (Directive 89/48/EEC - General system for the recognition of higher-education diplomas - Scope - Situation purely internal to a Member State) 6
98/C 278/11Judgment of the Court (Sixth Chamber) of 9 July 1998 in Case C-343/97: Commission of the European Communities v. Kingdom of Belgium (Failure to fulfil obligations - Failure to transpose Directives 90/220/EEC and 94/51/EC) 7
98/C 278/12Order of the Court (Fifth Chamber) of 28 April 1998 in Case C-116/96 REV: Reisebüro Binder GmbH (Revision of a judgment - Preliminary ruling - Application manifestly inadmissible) 7
98/C 278/13Order of the Court (First Chamber) of 7 May 1998 in Case C-239/97: Ireland v. Commission of the European Communities (Admissibility - Time limit for bringing proceedings - Unforeseeable circumstances - Force majeure) 8
98/C 278/14Order of the Court of 25 May 1998 in Case C-80/97: Société des Caves et des Producteurs Réunis des Roquefort and Others v. Commission of the European Communities (Cases brought before the Court of Justice and the Court of First Instance having as their subject-matter the annulment of the same act - Disclaimer of jurisdiction by the Court of First Instance) 8
98/C 278/15Order of the Court of 25 May 1998 in Case C-81/97: MD Foods Amba and Danske Mejeriers Fællesorganisation v. Commission of the European Communities (Actions brought before the Court of Justice and the Court of First Instance for annulment of the same act - Decision of the Court of First Instance declining jurisdiction - Objection of inadmissibility - Referral of proceedings to the Court of First Instance) 9
98/C 278/16Order of the Court of 25 May 1998 in Case C-82/97: Bergpracht Milchwerk GmbH & Co. KG and Others v. Commission of the European Communities (Actions brought before the Court of Justice and the Court of First Instance for annulment of the same act - Decision of the Court of First Instance declining jurisdiction - Objection of inadmissibility - Referral of proceedings to the Court of First Instance) 9
98/C 278/17Cases C-361/97, C-362/97 and C-363/97: References for a preliminary ruling from the ASVG-Landesberufungskommission für das Burgenland by decisions of that tribunal in the cases of Rouhollah Nour, Margarita Karner and Arthur Lindau v. Burgenländische Gebietskrankenkasse 10
98/C 278/18Order of the Court (Third Chamber) of 25 June 1998 in Case C-312/97 P: Augusto Fichtner v. Commission of the European Communities (Officials - Action manifestly inadmissible before the Court of First Instance - Appeal manifestly unfounded or inadmissible) 10
98/C 278/19Order of the Court of 7 July 1998 in Joined Cases C-405/96 to C-408/96 (reference for a preliminary ruling from the Tribunal d'Instance de Saint-Denis de la Réunion): Société Beton Express and Others v. Direction Régionale de la Réunion (Article 104(3) of the Rules of Procedure - Manifestly identical question) 11
98/C 278/20Case C-169/98: Action brought on 7 May 1998 by the Commission of the European Communities against the French Republic 11
98/C 278/21Case C-210/98 P: Appeal brought on 5 June 1998 by Salzgitter AG (formerly Preussag Stahl AG) against the judgment delivered on 31 March 1998 by the Third Chamber, Extended Composition, of the Court of First Instance of the European Communities in Case T-129/96 between Preussag Stahl AG, supported by the Federal Republic of Germany, and the Commission of the European Communities 12
98/C 278/22Case C-215/98: Action brought on 10 June 1998 by the Commission of the European Communities against the Hellenic Republic 13
98/C 278/23Case C-221/98: Action brought on 16 June 1998 by the Commission of the European Communities against the French Republic 13
98/C 278/24Case C-226/98: Reference for a preliminary ruling by the Østre Landsret by a decision of that court of 4 June 1998 in the case of Birgitte Jørgensen v. Foreningen af Speciallæger and Sygesikringens Forhandlingsudvalg 15
98/C 278/25Case C-227/98: Action brought on 25 June 1998 by the Commission of the European Communities against Ireland 16
98/C 278/26Case C-228/98: Reference for a preliminary ruling by the Simvoulio tis Epikratias (Greek Council of State), by a decision of that court of 6 April 1998 in the case of Kharalambos Dounias v. Minister for Finance 16
98/C 278/27Case C-230/98: Reference for a preliminary ruling by the Tribunale di Treviso by order of that court of 10 June 1998 in the case of Amministrazione delle Finanze dello Stato v. Fallimento Ditta Schiavon Silvano 17
98/C 278/28Cases C-231/98 and C-232/98: References for a preliminary ruling by the Tribunal de Grande Instance d'Epinal by judgments of that court of 25 June 1998 in the cases of Lomboley SA and Mr René Bouctot respectively against l'Administration des Impôts 17
98/C 278/29Case C-233/98: Reference for a preliminary ruling from the Bundesfinanzhof, by order of that court of 28 April 1998, in the case of Hauptzollamt Neubrandenburg v. Lensing & Brockhausen GmbH 17
98/C 278/30Case C-234/98: Reference for a preliminary ruling by the Industrial Tribunal, Leeds, by decision of that court of 5 May 1998, in the case of G. C. Allen and others against Amalgamated Construction Co. Limited 18
98/C 278/31Case C-235/98: Reference for a preliminary ruling from the Arios Pagos by judgment of that court of 12 May 1998 in the case of Panagis Neophytos Pythagoras Pafitis and Others and Trapeza Kentrikis Ellados AE and Others 18
98/C 278/32Case C-236/98: Reference for a preliminary ruling from the Arbetsdomstol by order of that court of 2 July 1998 in the case brought by Jämställdhetsombudsmannen Lena Svenaeus against Örebro Läns Landsting 19
98/C 278/33Case C-237/98 P: Appeal brought on 6 July 1998 by Dorsch Consult Ingenieurgesellschaft mbH against the judgment delivered on 28 April 1998 by the Second Chamber of the Court of First Instance of the European Communities in Case T-184/95 Dorsch Consult Ingenieurgesellschaft mbH and Council of the European Union and Commission of the European Communities 19
98/C 278/34Case C-239/98: Action brought on 7 July 1998 by the Commission of the European Communities against the French Republic 20
98/C 278/35Joined Cases C-240/98 to C-244/98: References for preliminary rulings by Juzgado de Primera Instancia No 35, Barcelona, by orders of that court of 31 March 1998 (first two cases) and of 1 April 1998 in the cases of Océano Grupo Editorial SA and Others and R. Murciano Quintero and Others 21
98/C 278/36Case C-245/98: Action brought on 8 July 1998 by the Commission of the European Communities against the French Republic 21
98/C 278/37Case C-246/98: Reference for a preliminary ruling by the Arrondissementsrechtbank te Arnhem by order of that court of 2 April 1998 in the criminal proceedings against M. G. Berendse-Koenen and H. D. Berendse, a partnership 22
98/C 278/38Case C-249/98 P: Appeal brought on 10 July 1998 by Mario Costacurta against the judgment delivered on 26 May 1998 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-177/96 between Mario Costacurta and Commission of the European Communities 22
98/C 278/39Case C-250/98: Action brought on 10 July 1998 by the Commission of the European Communities against the French Republic 22
98/C 278/40Case C-251/98: Reference for a preliminary ruling by the Gerechtshof te 's-Gravenhage in the case of C. Baars Jr against Inspecteur der Belastingdienst Particulieren/Ondernemingen Gorinchem 23
98/C 278/41Case C-252/98: Action brought on 10 July 1998 by the Commission of the European Communities against the French Republic 23
98/C 278/42Case C-253/98: Action brought on 10 July 1998 by the Commission of the European Communities against the Kingdom of Belgium 24
98/C 278/43Case C-254/98: Reference for a preliminary ruling by the Oberste Gerichtshof, Austria by judgment of that court of 30 June 1998 in the case of Schutzverband gegen unlauteren Wettbewerb against TK-Heimdienst Sass GmbH 24
98/C 278/44Case C-255/98: Action brought on 14 July 1998 by the Kingdom of Spain against the Commission of the European Communities 24
98/C 278/45Case C-256/98: Action brought on 15 July 1998 by the Commission of the European Communities against the French Republic 25
98/C 278/46Case C-257/98 P: Appeal brought on 15 July 1998 by Arnaldo Lucaccioni against the judgment delivered on 14 May 1998 by the Second Chamber of the Court of First Instance of the European Communities in Case T-165/95 between Arnaldo Lucaccioni and the Commission of the European Communities 25
98/C 278/47Case C-259/98: Action brought on 15 July 1998 by the Commission of the European Communities against the Federal Republic of Germany 26
98/C 278/48Case C-261/98: Action brought on 17 July 1998 by the Commission of the European Communities against the Portuguese Republic 27
98/C 278/49Case C-262/98: Action brought on 17 July 1998 by the Commission of the European Communities against the Kingdom of Belgium 27
98/C 278/50Case C-263/98: Action brought on 17 July 1998 by the Kingdom of Belgium against the Commission of the European Communities 28
98/C 278/51Case C-264/98: Reference for a preliminary ruling from the Tribunal de Première Instance de Charleroi by judgment of that court of 2 July 1998 in the case of Tibor Balog v. ASBL Royal Charleroi Sporting Club (RCSC) 28
98/C 278/52Cases C-265/98 to C-272/98: References for preliminary rulings by Juzgado de Primera Instancia No 35, Barcelona, by orders of that court of 31 March 1998 in the cases of Salvat Editores SA and Others and J. Compañ Calbuig and Others 28
98/C 278/53Case C-273/98: Reference for a preliminary ruling by the Bundesfinanzhof by order of that court of 14 May 1998 in the case of Hans-Josef Schlebusch against Hauptzollamt Trier 29
98/C 278/54Case C-274/98: Action brought on 17 July 1998 by the Commission of the European Communities against the Kingdom of Spain 29
98/C 278/55Case C-275/98: Reference for a preliminary ruling by Klagenævnet for Udbud, by an order of 15 July 1998 in the case of Unitron Scandinavia A/S and 3-S A/S, Danske Svineproducenters Serviceselskab v. Ministeriet for Fødevarer, Landbrug og Fiskeri 29
98/C 278/56Case C-276/98: Action brought on 20 July 1998 by the Commission of the European Communities against the Portuguese Republic 30
98/C 278/57Case C-277/98: Action brought on 21 July 1998 by the French Republic against the Commission of the European Communities 30
98/C 278/58Case C-281/98: Reference for a preliminary ruling by the Pretura Circondariale di Bolzano by order of that court of 8 July 1998 in the case of Roman Angonese v. Cassa di Risparmio di Bolzano SpA 31
98/C 278/59Case C-285/98: Reference for a preliminary ruling by the Verwaltungsgericht Hannover by order of that court of 13 July 1998 in the case of Tanja Kreil against the Federal Republic of Germany 31
98/C 278/60Case C-288/98: Reference for a preliminary ruling by the Corte Suprema di Cassazione by order of that court of 22 May 1998 in the case of Istituto Nazionale della Previdenza Sociale v. Mario Maraldi SpA 32
98/C 278/61Case C-289/98: Action brought on 27 July 1998 by the Commission of the European Communities against the Hellenic Republic 32
98/C 278/62Removal from the register of Case C-322/97 32
98/C 278/63Removal from the register of Case C-21/98 33
98/C 278/64Removal from the register of Case C-277/96 33
98/C 278/65Removal from the register of Case C-40/97 33
98/C 278/66Removal from the register of Case C-11/96 33
98/C 278/67Removal from the register of Case C-123/96 33
98/C 278/68Removal from the register of Case C-199/96 33
98/C 278/69Removal from the register of Case C-299/97 33
98/C 278/70Removal from the register of Case C-282/97 33
98/C 278/71Removal from the register of Case C-403/97 34
98/C 278/72Removal from the register of Case C-291/95 34
98/C 278/73Removal from the register of Case C-155/97 34
98/C 278/74Removal from the register of Case C-406/97 34
98/C 278/75Removal from the register of Case C-411/97 34
98/C 278/76Removal from the register of Case C-105/97 34
98/C 278/77Judgment of the Court of First Instance of 8 July 1998 in Case T-232/95, Committee of European Copier Manufacturers (Cecom) v. Council of the European Union (Anti-dumping duties on plain paper photocopiers - Review - Period of application of the anti-dumping duty - Manifest error of assessment) 35
98/C 278/78Judgment of the Court of First Instance of 25 June 1998 in Case T-120/96, Lilly Industries Ltd v. Commission of the European Communities (Regulation (EEC) No 2377/90 - Request for inclusion of a recombinant bovine somatotrophin (BST) in the list of substances not subject to maximum residue limits - Rejection by the Commission - Application for annulment) 35
98/C 278/79Judgment of the Court of First Instance of 8 July 1998 in Case T-130/96, Gaetano Aquilino v. Council of the European Union (Officials - Sick leave - Article 59 of the Staff Regulations - Medical certificates - Not accepted - Medical checks organised by the institution - Article 60 of the Staff Regulations - Unauthorised absences - Recovered from the official's salary) 35
98/C 278/80Order of the Court of First Instance of 25 June 1998 in Joined Cases T-177/94 (92) and T-377/94 (92) and in Case T-99/95 (92), Henk Altmann and Others and Peter Edmond Stott v. Commission of the European Communities (Taxation of costs) 36
98/C 278/81Order of the Court of First Instance of 25 June 1998 in Joined Cases T-14/97 and T-15/97, Sofivo SAS and Others v. Council of the European Union (Agriculture - Common organisation of the markets - Beef and veal - Intervention mechanisms - Premium for the early marketing of veal calves - Average carcase weight - Criteria for fixing the same - Action for annulment - Inadmissibility) 36
98/C 278/82Order of the Court of First Instance (Fourth Chamber) of 11 June 1998 in Case T-173/97, Augusto Fichtner v. Commission of the European Communities (Officials - Late staff report - Promotion - Comparative examination of the merits - Compensation for damage - Application manifestly inadmissible or entirely unfounded) 37
98/C 278/83Case T-83/98: Action brought on 26 May 1998 by Eugénio Branco L.da against the Commission of the European Communities 37
98/C 278/84Case T-84/98: Action brought on 28 May 1998 by Marie Costigan against the Council of the European Union 38
98/C 278/85Case T-101/98: Action brought on 6 July 1998 by Gisela Stodtmeister against the Council of the European Union 39
98/C 278/86Case T-102/98: Action brought on 6 July 1998 by Christina Papadeas against the Committee of the Regions 40
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