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| Official Journal of the European Communities | ISSN
0378-6986 C 299 Volume 41 26 September 1998 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| 98/C 299/01 | Decisions adopted by the Court at its meeting on 14 July 1998 | 1 | |
| 98/C 299/02 | Judgment of the Court (Sixth Chamber) of 9 July 1998 in Case C-323/97: Commission of the European Communities v. Kingdom of Belgium (Right to vote and to stand as a candidate in municipal elections) | 2 | |
| 98/C 299/03 | Judgment of the Court of 14 July 1998 in Case C-284/95 (reference for a preliminary ruling from the Giudice di Pace di Genova (Italy)): Safety Hi-Tech Srl v. S. & T. Srl (Regulation (EC) No 3093/94 - Measures to protect the ozone layer - Restrictions on the use of hydrochlorofluorocarbons and halons - Validity) | 3 | |
| 98/C 299/04 | Judgment of the Court of 14 July 1998 in Case C-341/95 (reference for a preliminary ruling from the Pretura Circondariale di Avezzano (Italy)): Gianni Bettati v. Safety Hi-Tech Srl (Regulation (EC) No 3093/94 - Measures to protect the ozone layer - Restrictions on the use of hydrochlorofluorocarbons and halons - Validity) | 3 | |
| 98/C 299/05 | Judgment of the Court (Fifth Chamber) of 14 July 1998 in Case C-172/96 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division): The Commissioners of Customs and Excise v. First National Bank of Chicago (Sixth VAT Directive - Scope - Foreign exchange transactions) | 4 | |
| 98/C 299/06 | Judgment of the Court (Fifth Chamber) of 14 July 1998 in Case C-385/96 (reference for a preliminary ruling from the Amtsgericht Aachen): criminal proceedings against Hermann Josef Goerres (Approximation of laws - Labelling and presentation of foodstuffs - Directive 79/112/EEC - Consumer protection - Language) | 4 | |
| 98/C 299/07 | Judgment of the Court (Fifth Chamber) of 14 July 1998 in Case C-389/96 (reference for a preliminary ruling from the Bundesverwaltungsgericht): Aher-Waggon GmbH v. Federal Republic of Germany (Measures having equivalent effect - Directives on noise emissions from aircraft - Stricter domestic limits - Barrier to the importation of an aircraft - Environmental protection) | 5 | |
| 98/C 299/08 | Judgment of the Court (Fifth Chamber) of 14 July 1998 in Case C-125/97 (reference for a preliminary ruling from the Arrondissementsrechtbank te Alkmaar): A. G. R. Regeling v. Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid (Social policy - Directive 80/987/EEC - Guarantee institutions' obligation to pay - Outstanding claims) | 5 | |
| 98/C 299/09 | Judgment of the Court (Sixth Chamber) of 16 July 1998 in Case C-235/95 (reference for a preliminary ruling from the Cour d'Appel, Douai): AGS Assedic Pas-de-Calais v. François Dumon and Maître Froment, liquidator and representative of Établissements Pierre Gilson (Social policy - Protection of employees in the event of the insolvency of their employer - Directive 80/987/EEC - Article 4 - Direct effect - Whether national provisions fixing the ceiling for the guarantee of payment may be relied on against individuals where the Commission has not been informed) | 6 | |
| 98/C 299/10 | Judgment of the Court (Fifth Chamber) of 16 July 1998 in Case C-136/96 (reference for a preliminary ruling from the Tribunal de Grande Instance, Paris): The Scotch Whisky Association v. Compagnie Financière Européenne de Prises de Participation (Cofepp), Prisunic SA and Centrale d'Achats et de Services Alimentaires SARL (Casal) (Definition, description and presentation of spirit drinks - Regulation (EEC) No 1576/89 - Conditions for the use of the generic term whisky - Drinks consisting entirely of whisky and water) | 6 | |
| 98/C 299/11 | Judgment of the Court of 16 July 1998 in Case C-171/96 (reference for a preliminary ruling from the Royal Court of Jersey): Rui Alberto Pereira Roque v. His Excellency the Lieutenant Governor of Jersey (Free movement of persons - Act of Accession of 1972 - Protocol 3 concerning the Channel Islands and the Isle of Man - Jersey) | 7 | |
| 98/C 299/12 | Judgment of the Court (Fifth Chamber) of 16 July 1998 in Case C-210/96 (reference for a preliminary ruling from the Bundesverwaltungsgericht): Gut Springenheide GmbH, Rudolf Tusky v. Oberkreisdirektor des Kreises Steinfurt - Amt für Lebensmittelüberwachung, Joined party: Oberbundesanwalt beim Bundesverwaltungsgericht (Marketing standards for eggs - Promotional descriptions or statements liable to mislead the purchaser - Reference consumer) | 7 | |
| 98/C 299/13 | Judgment of the Court of 16 July 1998 in Case C-264/96 (reference for a preliminary ruling from the House of Lords): Imperial Chemical Industries plc (ICI) v. Kenneth Hall Colmer (Her Majesty's Inspector of Taxes) (Right of establishment - Corporation tax - Surrender by one company to another company in the same group of tax relief on trading losses - Residence requirement imposed on group companies - Discrimination according to the place of the corporate seat - Obligations of the national court) | 8 | |
| 98/C 299/14 | Judgment of the Court (Fifth Chamber) of 16 July 1998 in Case C-287/96 (reference for a preliminary ruling from the Bundesfinanzhof): Kyritzer Stärke GmbH v. Hauptzollamt Potsdam (Agriculture - Common organisation of the markets - Production refunds - System of securities - Time limits - Primary requirement - Subordinate requirement) | 8 | |
| 98/C 299/15 | Judgment of the Court (Fifth Chamber) of 16 July 1998 in Case C-298/96 (reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main): Oelmühle Hamburg AG, Jb. Schmidt Söhne GmbH & Co. KG v. Bundesanstalt für Landwirtschaft und Ernährung (Unduly paid Community subsidy - Recovery - Application of national law - Conditions and limits) | 9 | |
| 98/C 299/16 | Judgment of the Court of 16 July 1998 in Case C-355/96 (reference for a preliminary ruling from the Oberster Gerichtshof): Silhouette International Schmied GmbH & Co. KG v. Hartlauer Handelsgesellschaft mbH (Directive 89/104/EEC - Exhaustion of trade mark - Goods put on the market in the Community or in a non-member country) | 9 | |
| 98/C 299/17 | Judgment of the Court (Sixth Chamber) of 16 July 1998 in Case C-285/97: Commission of the European Communities v. Portuguese Republic (Failure of a Member State to fulfil its obligations - Failure to transpose Directive 94/51/EC within the prescribed period) | 10 | |
| 98/C 299/18 | Case C-247/98: Action brought on 9 July 1998 by the Hellenic Republic against the Commission of the European Communities | 10 | |
| 98/C 299/19 | Case C-248/98 P: Appeal brought on 9 July 1998 by NV Koninklijke KNP BT against the judgment delivered on 14 May 1998 by the Court of First Instance of the European Communities in Case T-309/94 between NV Koninklijke KNP BT and the Commission of the European Communities | 11 | |
| 98/C 299/20 | Case C-258/98: Reference for a preliminary ruling by the Pretura Circondariale di Firenze, by order of that court of 20 June 1998, in criminal proceedings against Giovanni Carra, Alessandra Colombo and Barbara Gianassi | 11 | |
| 98/C 299/21 | Case C-260/98: Action brought on 16 July 1998 by the Commission of the European Communities against the Hellenic Republic | 12 | |
| 98/C 299/22 | Case C-278/98: Action brought on 21 July 1998 by the Kingdom of the Netherlands against Commission of the European Communities | 12 | |
| 98/C 299/23 | Case C-279/98 P: Appeal brought on 23 July 1998 by Cascades SA against the judgment delivered on 14 May 1998 by the Third Chamber (Extended Composition) of the Court of First Instance of the European Communities in Case T-308/94 between Cascades SA and the Commission of the European Communities | 13 | |
| 98/C 299/24 | Case C-280/98 P: Appeal brought on 23 July 1998 by Moritz J. Weig GmbH & Co. KG against the judgment delivered on 14 May 1998 by the Third Chamber (Extended Composition) of the Court of First Instance of the European Communities in Case T-317/94 Moritz J. Weig GmbH & Co. KG and Commission of the European Communities | 14 | |
| 98/C 299/25 | Case C-282/98 P: Appeal brought on 23 July 1998 by Enso Española, SA against the judgment delivered on 14 May 1998 by the Third Chamber, Extended Composition, of the Court of First Instance of the European Communities in Case T-348/94 between Enso Española, SA and the Commission of the European Communities | 15 | |
| 98/C 299/26 | Case C-283/98 P: Appeal brought on 24 July 1998 by Mo och Domsjö Aktiebolag against the judgment delivered on 14 May 1998 by the Third Chamber, extended composition, of the Court of First Instance of the European Communities in Case T-352/94 between Mo och Domsjö Aktiebolag and the Commission of the European Communities | 16 | |
| 98/C 299/27 | Case C-286/98 P: Appeal brought on 27 July 1998 by Stora Kopparbergs Bergslags AB against the judgment delivered on 14 May 1998 by the Third Chamber, extended composition, of the Court of First Instance of the European Communities in Case T-354/94 between Stora Kopparbergs Bergslags AB and the Commission of the European Communities | 16 | |
| 98/C 299/28 | Case C-287/98: Reference for a preliminary ruling by the Tribunal d'Arrondissement, Luxembourg, by order of that court of 15 July 1998 in the case of the State of the Grand Duchy of Luxembourg v. Linster and Others | 17 | |
| 98/C 299/29 | Case C-290/98: Action brought on 28 July 1998 by the Commission of the European Communities against the Republic of Austria | 18 | |
| 98/C 299/30 | Case C-291/98 P: Appeal brought on 28 July 1998 by Sarrió SA against the judgment delivered on 14 May 1998 by the Third Chamber, extended composition, of the Court of First Instance of the European Communities in Case T-334/94 between Sarrió SA and the Commission of the European Communities | 19 | |
| 98/C 299/31 | Case C-292/98: Action brought on 28 July 1998 by the Commission of the European Communities against Italian Republic | 20 | |
| 98/C 299/32 | Case C-293/98: Reference for a preliminary ruling by the Juzgado de Primera Instancia e Instrucción No 5, Oviedo, by order of that Court of 1 June 1998 in the Case of Entidad de Gestión de Derechos de los Productores Audiovisuales (EGEDA) v. Hostelería Asturiana, SA (HOASA) | 21 | |
| 98/C 299/33 | Case C-294/98 P: Appeal brought on 29 July 1998 by Metsä-Serla OYJ, UPM-Kymmene OYJ (formerly United Paper Mills Ltd), Tamrock OY (formerly Tampella Corporation) and Kyro OYJ ABP (formerly OY Kyro AB) against the judgment delivered on 14 May 1998 by the Third Chamber (extended composition) of the Court of First Instance of the European Communities in Joined Cases T-339/94, T-340/94, T-341/94 and T-342/94 Metsä-Serla OYJ and Others against the Commission of the European Communities | 21 | |
| 98/C 299/34 | Case C-296/98: Action brought on 29 July 1998 by the Commission of the European Communities against the French Republic | 21 | |
| 98/C 299/35 | Case C-297/98 P: Appeal brought on 29 July 1998 by SCA Holding Ltd against the judgment delivered on 14 May 1998 by the Third Chamber, extended composition, of the Court of First Instance of the European Communities in Case T-327/94 between SCA Holding Ltd and the Commission of the European Communities | 22 | |
| 98/C 299/36 | Case C-298/98 P: Appeal brought on 29 July 1998 by Metsä-Serla Sales OY (formerly Finnish Board Mills Association - Finnboard) against the judgment delivered on 14 May 1998 by the Third Chamber (extended composition) of the Court of First Instance of the European Communities in Case T-338/94 Finnish Board Mills Association - Finnboard and the Commission of the European Communities | 23 | |
| 98/C 299/37 | Case C-299/98 P: Appeal brought on 31 July 1998 by CPL Imperial 2 SpA and Unifrigo Gadus Srl against the judgment delivered on 9 June 1998 by the Third Chamber of the Court of First Instance of the European Communities in Joined Cases T-10/97 and T-11/97 between Unifrigo Gadus Srl and CPL Imperial 2 SpA and the Commission of the European Communities | 24 | |
| 98/C 299/38 | Case C-300/98: Reference for a preliminary ruling by the Arrondissementsrechtbank, The Hague in the Case of Parfums Christian Dior SA against Tuk Consultancy BV | 25 | |
| 98/C 299/39 | Case C-302/98: Reference for a preliminary ruling from the Bundessozialgericht (Federal Social Court) by order of that Court of 13 May 1998 in the Case of Manfred Sehrer v. Bundesknappschaft (Federal Pension Fund for Miners), intervener: Landesversicherungsanstalt für das Saarland (Regional Insurance Institution for the Saarland) | 25 | |
| 98/C 299/40 | Case C-303/98: Reference for a preliminary ruling by the Sala de lo Social del Tribunal Superior de Justicia de la Comunidad Valenciana by order of that court of 10 July 1998 in the Case of SIMAP (Sindicato de Médicos de Sanidad de Asistencia Pública) against the Conselleria de Sanidad y Consumo de la Generalitat Valenciana | 25 | |
| 98/C 299/41 | Case C-304/98 P: Appeal brought on 3 August 1998 by W. against the judgment delivered on 28 May 1998 by the Fifth Chamber of the Court of First Instance of the European Communities in Joined Cases T-78/96 and T-170/96 between W. and the Commission of the European Communities | 27 | |
| 98/C 299/42 | Case C-306/98: Reference for a preliminary ruling by the Divisional Court, Queen's Bench Division, by order of that Court of 14 July 1998, in the Case of the Queen against (1) Minister for Agriculture, Fisheries and Food, (2) Secretary of State for the Environment, ex parte: Monsanto plc, and I Pi Ci SpA, Intervener | 27 | |
| 98/C 299/43 | Case C-307/98: Action brought on 5 August 1998 by the Commission of the European Communities against the Kingdom of Belgium | 28 | |
| 98/C 299/44 | Case C-308/98: Action brought on 5 August 1998 by the Commission of the European Communities against Ireland | 29 | |
| 98/C 299/45 | Case C-311/98: Action brought on 11 August 1998 by the Commission of the European Communities against the Kingdom of Spain | 29 | |
| 98/C 299/46 | Cases C-319/98, C-320/98 and C-321/98: Actions brought on 18 August 1998 by the Commission of the European Communities against the Kingdom of Belgium, the Grand Duchy of Luxembourg and the French Republic | 29 | |
| 98/C 299/47 | Judgment of the Court of First Instance of 14 July 1998 in Case T-119/95: Alfred Hauer v. Council of the European Union and Commission of the European Communities (Action for annulment - Regulation (EEC) No 816/92 - Time limit for bringing proceedings - Admissibility - Action for damages - Common organisation of the market in milk and milk products - Reference quantities - Additional levy - Reduction of reference quantities without compensation) | 30 | |
| 98/C 299/48 | Judgment of the Court of First Instance (Third Chamber, extended composition) of 16 July 1998 in Case T-109/96: Gilberte Gebhard v. European Parliament (Officials - Auxiliary staff - Auxiliary session interpreters of the European Parliament - Legality of levying Community tax on their remuneration) | 30 | |
| 98/C 299/49 | Judgment of the Court of First Instance of 17 July 1998 in Case T-111/96: ITT Promedia NV v. Commission of the European Communities (Competition - Actions for annulment - Rejection of a complaint - Article 86 of the EC Treaty - Abuse of a dominant position - Actions before national courts - Right of access to the courts - Claim for performance of an agreement - Manifest error of assessment - Obligation to carry out an examination - Error of characterisation - Inadequate statement of reasons) | 31 | |
| 98/C 299/50 | Judgment of the Court of First Instance (Fifth Chamber) of 16 July 1998 in Case T-144/96: Y. v. European Parliament (Officials - Criminal conviction - Disciplinary proceedings - removal from post - Statement of reasons - Duty to have regard for the welfare of officials) | 31 | |
| 98/C 299/51 | Judgment of the Court of First Instance of 16 July 1998 in Case T-156/96 Claus Jensen v. Commission of the European Communities (Officials - Pay - Installation allowance - Recovery of undue payments) | 31 | |
| 98/C 299/52 | Judgment of the Court of First Instance (Second Chamber) of 16 July 1998 in Case T-162/96: Sandro Forcheri v. Commission of the European Communities (Officials - Secondment in the interest of the service - Temporary posting - Entitlement to secondment differential allowance - Discretion of the administration) | 32 | |
| 98/C 299/53 | Judgment of the Court of First Instance (First Chamber) of 14 July 1998 in Case T-192/96: Giorgio Lebedef v. Commission of the European Communities (Staff committee - Procedures - Amendment of the staff committee rules - General assembly - Electoral system - Admissibility) | 32 | |
| 98/C 299/54 | Judgment of the Court of First Instance (Third Chamber) of 16 July 1998 in Case T-199/96: Laboratoires Pharmaceutiques Bergaderm SA and Jean-Jacques Goupil v. Commission of the European Communities (Cosmetic products - Directive 76/768/EEC - Directive 95/34/EC - Sun-creams and bronzing-products - Public health - Non-contractual liability of the Community) | 32 | |
| 98/C 299/55 | Judgment of the Court of First Instance of 16 July 1998 in Joined Cases T-202/96 and T-204/96: Andrea von Löwis and Marta Alvarez-Cotera v. Commission of the European Communities (Freelance conference interpreters - Lawfulness of levying Community tax on their remuneration) | 33 | |
| 98/C 299/56 | Judgment of the Court of First Instance (Fifth Chamber) of 16 July 1998 in Case T-219/96: Y. v. European Parliament (Officials - Article 88 of the Staff Regulations - Suspension - Deductions from remuneration - Pensions rights - Damages) | 33 | |
| 98/C 299/57 | Judgment of the Court of First Instance of 17 July 1998 in Case T-28/97: Agnès Hubert v. Commission of the European Communities (Officials - Action for annulment - Transfer/reposting - Interests of the service - Absence of statement of reasons - Action for compensation) | 34 | |
| 98/C 299/58 | Judgment of the Court of First Instance (First Chamber) of 14 July 1998 in Case T-42/97: Giorgio Lebedef v. Commission of the European Communities (Officials - Refusal to authorise secondment on union duties to the person designated by a trade union - Admissibility) | 34 | |
| 98/C 299/59 | Judgment of the Court of First Instance of 16 July 1998 in Case T-81/97: Region of Tuscany v. Commission of the European Communities (Integrated Mediterranean programmes - Community financial assistance - Regulation (EEC) No 4256/88 - Regulation (EEC) No 2085/93) | 34 | |
| 98/C 299/60 | Judgment of the Court of First Instance of 16 July 1998 in Case T-195/97: Kia Motors Nederland BV and Broeckman Motorships BV v. Commission of the European Communities (Commission decision declaring that the repayment of import duties is not justified - Action for annulment - Article 239 of the customs code - Duty to state reasons) | 34 | |
| 98/C 299/61 | Judgment of the Court of First Instance (Fifth Chamber) of 14 July 1998 in Case T-219/97: Anita Brems v. Council of the European Union (Officials - Action for annulment - Thermal cure - Article 59 of the Staff Regulations - Sick leave - Special leave) | 35 | |
| 98/C 299/62 | Order of the Court of First Instance of 8 July 1998 in Joined Cases T-85/94 (92) and T-85/94 (122) (92): Eugénio Branco Lda v. Commission of the European Communities (Taxation of costs) | 35 | |
| 98/C 299/63 | Order of the Court of First Instance of 15 July 1998 in Case T-155/95: LPN and GEOTA v. Commission of the European Communities (Inadmissibility) | 35 | |
| 98/C 299/64 | Order of the Court of First Instance (Fourth Chamber) of 8 July 1998 in Case T-200/95 X. v. Commission of the European Communities (Officials - Time limit for submitting a complaint - Manifest inadmissibility) | 36 | |
| 98/C 299/65 | Case T-103/98: Action brought on 10 July 1998 by Svend Bech Kristensen against the Council of the European Union | 36 | |
| 98/C 299/66 | Case T-104/98: Action brought on 13 July 1998 by Bjarne Hoff-Nielsen against the Council of the European Union | 37 | |
| 98/C 299/67 | Case T-105/98: Action brought on 13 July 1998 by Rainer Dumont du Voitel v. Council of the European Union | 37 | |
| 98/C 299/68 | Case T-107/98: Action brought on 13 July 1998 by Jean Lesueur against the Council of the European Union | 38 | |
| 98/C 299/69 | Case T-110/98: Action brought on 20 July 1998 by RJB Mining plc against the Commission of the European Communities | 38 | |
| 98/C 299/70 | Case T-111/98: Action brought on 20 July 1998 by RJB Mining plc against the Commission of the European Communities | 39 | |
| 98/C 299/71 | Partial removal from the register of Case T-185/96 | 40 | |
| 98/C 299/72 | Removal from the register of Case T-49/98 | 40 | |
| 98/C 299/73 | Removal from the register of Joined Cases T-56/98 and T-56/98 R | 40 | |
| 98/C 299/74 | Removal from the register of Case T-60/98 | 40 | |
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