Official Journal
of the European Communities

ISSN 0378-6986

C 131
Volume 40
26 April 1997

English edition

Information and Notices

Notice No

Contents

Page

I Information

Court of Justice

COURT OF JUSTICE

97/C 131/01

JUDGMENT OF THE COURT of 27 February 1997 in Case C-59/95 (reference for a preliminary ruling from the Sozialgericht Nürnberg): Francisco Bastos Moriana and Others v. Bundesanstalt für Arbeit (Social security for migrant workers - Benefits for dependent children of pensioners and for orphans)

1

97/C 131/02

JUDGMENT OF THE COURT of 11 March 1997 in Case C-13/95 (reference for a preliminary ruling from the Arbeitsgericht, Bonn): Ayse Süzen v. Zehnacker Gebäudereinigung GmbH Krankenhausservice, Lefarth GmbH, party joined (Safeguarding of employees' rights in the event of transfers of undertakings)

1

97/C 131/03

JUDGMENT OF THE COURT of 11 March 1997 in Case C-264/95 P: Commission of the European Communities v. Union internationale des chemins de fer (UIC) (Appeal - Competition - Transport by rail - Legal basis for a decision - Regulation No 1017/68 - Scope)

2

97/C 131/04

JUDGMENT OF THE COURT of 11 March 1997 in Case C-357/95 P: Empresa Nacional de Urânio SA (ENU) v. Commission of the European Communities (Appeal - EAEC - Supply - Right of option and exclusive right of the Euratom Supply Agency to conclude contracts for the supply of ores, source materials and special fissile materials - Infringement of the rules of the Treaty - Community preference - Principles of good faith and legitimate expectations - Non-contractual liability)

2

97/C 131/05

JUDGMENT OF THE COURT (Second Chamber) of 13 March 1997 in Case C-109/95 (reference for a preliminary ruling made by the Polimeles Protodikio, Athens): Astir AE v. the Greek State (Export refunds for agricultural products - Loss of goods in transit by reason of force majeure - Variable refund)

3

97/C 131/06

ORDER OF THE COURT (Second Chamber) of 5 February 1997 in Case C-51/95 P: Unifruit Hellas EPE v. Commission of the European Communities (Appeal - Non-contractual liability - Special surveillance measures concerning imports of apples - Countervailing charge - Applied concurrently - Products in transit to the Community - Principle of the protection of legitimate expectations)

3

97/C 131/07

Action on 14 February 1997 by the Commission of the European Communities against Cascina Laura SAS di Aldo Delbò e C. and Gariboldi Engineering Company SRL (Case C-65/97)

3

97/C 131/08

Action brought on 18 February 1997 by the Commission of the European Communities against SNUA SRL (Servizi Netezza Urbana ed Affini) (Case C-69/97)

4

97/C 131/09

Appeal brought on 18 February 1997 by Kruidvat BVBA against the judgment delivered on 12 December 1996 by the Court of First Instance of the European Communities in Case T-87/92 between Kruidvat BVBA and Commission of the European Communities, supported by Parfums Givenchy SA, Comité de liaison des syndicats européens de l'industrie de la parfumerie et des cosmétiques and Fédération européenne des parfumeurs détaillants (Case C-70/97 P)

4

97/C 131/10

Appeal brought on 20 February 1997 by the French Republic against the judgment delivered on 11 December 1996 by the Fourth Chamber of the Court of First Instance of the European Communities in case T-70/94 between Comafrica SpA and Dole Fresh Fruit Europe Ltd & Co. and the Commission of the European Communities supported by the United Kingdom (Case C-73/97 P)

5

97/C 131/11

Reference for a preliminary ruling from Juzgado de lo Social No 1, Pontevedra, by order of that court of 28 January 1997 in the case of Mercedes Gómez Montaña v. Claro Sol S. A. and Red Nacional de Ferrocarriles Españoles (Renfe) (Case C-74/97)

5

97/C 131/12

Action brought on 19 February 1997 by Kingdom of Belgium against Commission of the European Communities (Case C-75/97)

5

97/C 131/13

Reference for a preliminary ruling by the Finanzgericht München by order of that court of 5 December 1996 in the case of Happy Sports Michl OHG against Finanzamt Landshut (Case C-79/97)

6

97/C 131/14

Action brought on 25 February 1997 by MD Foods Amba and Danske Mejeriers Fællesorganisation, acting on behalf of Kløvermælk Amba, Løgismose Produktion A/S, Mejeriselskabet Vesthimmerland, Nordex Food A/S, Sinai Landmejeri, c/o Gunnar Larsen, and Sædager Andelsmejeri against Commission of the European Communities (Case C-81/97)

6

97/C 131/15

Reference for a preliminary ruling by the Corte d'Appello di Torino - Sezione I Civile - by order of that court of 31 January 1997 in the case of Amministrazione delle Finanze dello Stato against Grafoplast Italiana SpA in its own right and as the successor to Grafoplast Italiana SRL and Trasp. SRL (Case C-84/97)

7

97/C 131/16

Reference for a preliminary ruling by the Fifth Chamber of the Tribunal de Première Instance, Liège, by judgment of that court of 24 February 1997 in the case of Société Financière d'Investissements SPRL (SFI) against the Belgian State (Case C-85/97)

7

97/C 131/17

Reference for a preliminary ruling by the Bundesfinanzhof by order of that court of 26 November 1996 in the case of Reiner Woltmann trading as Firma Trans-Ex-Import against Hauptzollamt Potsdam (Case C-86/97)

7

97/C 131/18

Reference for a preliminary ruling from the Handelsgericht Wien by order of that court of 18 July 1996 in the case of Consorzio per la Tutela del Formaggio Gorgonzola v. (1) Käserei Champignon Hofmeister GmbH & Co KG and (2) Eduard Bracharz Gesellschaft mbH (Case C-87/97)

8

97/C 131/19

Reference for a preliminary ruling by the Social Security Commissioner, by decision of 25 February 1997, in the case of Robin Swaddling against the Adjudication Officer (Case C-90/97)

8

97/C 131/20

Reference for a preliminary ruling from the Bundessozialgericht, by order of that court of 12 December 1996 in the case of Arif Altiney v. Bundesanstalt für Arbeit (Case C-91/97)

8

97/C 131/21

Reference for a preliminary ruling by the Cour d'Arbitrage of the Kingdom of Belgium by judgment of that court of 19 February 1997 in the case brought by Fédération Belge des Chambres Syndicales de Médecins concerning annulment of Article 4 (2) of the Decree of the Flemish Community of 5 April 1995 (Case C-93/97)

8

97/C 131/22

Reference for a preliminary ruling by the VAT and Duties Tribunal, by direction of that court of 26 February 1997, in the case of T. P. Madgett and R. M. Baldwin trading as Howden Court Hotel against the Commissioners of Customs and Excise (Case C-94/97)

9

97/C 131/23

Action brought on 6 March 1997 by the Commission of the European Communities against the French Republic (Case C-96/97)

9

97/C 131/24

Reference for a preliminary ruling from Retten i Århus, by a letter of 5 March 1997 in the case of Elly Bach v. Århus Amtskommune (Case C-97/97)

10

97/C 131/25

Reference for a preliminary ruling from the Oberlandesgericht Wien by order of that court of 28 February 1997 in the case of Verein zur Förderung des freien Wettbewerbs im Medienwesen v. TV Spielfilm Verlag Gesellschaft mbH (Case C-99/97)

10

97/C 131/26

Action brought on 7 March 1997 by the Commission of the European Communities against the Grand Duchy of Luxembourg (Case C-100/97)

10

97/C 131/27

Removal from the register of Case C-29/96

11

COURT OF FIRST INSTANCE

97/C 131/28

JUDGMENT OF THE COURT OF FIRST INSTANCE of 30 January 1997 in Case T-117/95: Corman v. Commission of the European Communities (Action for annulment - Regulations (EEC) No 570/88 and (EC) No 455/95 - Aid for butter for use in the manufacture of certain categories of products - Definition of butter - Definition of intermediate product - Legal interest in bringing proceedings - Inadmissibility)

11

97/C 131/29

JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber) of 5 February 1997 in Case T-207/95: Maria de los Angeles Ibarra Gil v. Commission of the European Communities (Officials - Internal competitions - Notice of vacancy - Condition of being a temporary member of the temporary staff on the closing date for applications - Principle of protection of legitimate expectations - Principle of equal treatment - Duty to have regard for the welfare of officials - Action for damages)

12

97/C 131/30

JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber) of 5 February 1997 in Case T-211/95: Claudine Petit-Laurent v. Commission of the European Communities (Officials - Internal competitions - Notice of vacancy - Condition of being a temporary member of the temporary staff on the closing date for applications - Principle of protection of legitimate expectations - Principle of equal treatment - Duty to have regard for the welfare of officials - Action for damages)

12

97/C 131/31

JUDGMENT OF THE COURT OF FIRST INSTANCE of 27 February 1997 in Case T-106/95: Fédération Française des Sociétés d'Assurances (FFSA) and Others v. Commission of the European Communities (State aid - Public undertaking - Combined application of Article 92 and Article 90 (2) of the EC Treaty - Additional costs arising from performance of particular tasks assigned to the public undertaking - Competitive activities)

12

97/C 131/32

JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber) of 5 March 1997 in Case T-96/95: Sébastien Rozand-Lambiotte v. Commission of the European Communities (Probationary officials - Not established at the end of the probationary period - Articles 26, 34 and 43 of the Staff Regulations - Right to a fair hearing - Inadequate statement of reasons - Duty to have regard for the interests of officials - Manifest error of assessment)

13

97/C 131/33

JUDGMENT OF THE COURT OF FIRST INSTANCE of 5 March 1997 in Case T-105/95: WWF UK (World Wide Fund for Nature) v. Commission of the European Communities (Transparency - Access to information - Commission Decision 94/90/ECSC, EC, Euratom on public access to Commission documents - Decision refusing access to documents on the grounds that they relate to the examination by the Commission of a possible infringement of Community law by a Member State - Exceptions relating to the public interest and to the institution's interest in the confidentiality of its proceedings - Extent of the obligation to give reasons)

13

97/C 131/34

JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber) of 6 March 1997 in Joined Cases T-40/96 and T-55/96: Armel de Kerros and Véronique Kohn-Bergé v. Commission of the European Communities (Officials - Recruitment - Admission to internal competitions - Notice of competition - Conditions for taking part - Condition relating to length of service)

14

97/C 131/35

JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 March 1997 in Joined Cases T-178/95 and T-179/95: Santo Picciolo and Giuseppe Caló v. Committee of the Regions of the European Union (Officials - New post with the Committee of the Regions - Vacancy Notice - Rejection of candidatures - Application for annulment - Delay in communicating the rejection decisions - Failure to state reasons - Equality of treatment - Manifest error of assessment)

14

97/C 131/36

JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 March 1997 in Case T-35/96: Lars Bo Rasmussen v. Commission of the European Communities (Officials - Vacancy notice - Annulment of the procedure in progress - Notice of competition - Post reserved for nationals of new Member States - Action for annulment - Admissibility - Articles 4 and 29 of the Staff Regulations - Principle of the protection of legitimate expectations - Principle of legal certainty - Misuse of powers - Action for damages)

14

97/C 131/37

JUDGMENT OF THE COURT OF FIRST INSTANCE of 19 March 1997 in Case T-73/95: Estabelecimentos Isidoro M. Oliveira, SA v. Commission of the European Communities (Social policy - European Social Fund - Assistance in the financing of vocational training measures - New decision following a judgment of the Court of Justice - Legal certainty - Legitimate expectations - Prohibition of reformatio in pejus - Reasonable time)

15

97/C 131/38

JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber) of 19 March 1997 in Case T-21/96: Antonio Giannini v. Commission of the European Communities (Officials - Appointment - Vacancy Notice - Interests of the service)

15

97/C 131/39

ORDER OF THE COURT OF FIRST INSTANCE of 5 February 1997 in Case T-49/96: H. v. Commission of the European Communities (Officials - Action for damages - Objection of inadmissibility)

16

97/C 131/40

ORDER OF THE COURT OF FIRST INSTANCE of 6 February 1997 in Case T-64/96: Filippo de Jorio v. Council of the European Union (Allowances of members of the Economic and Social Committee - Action for annulment - Action for declaration of failure to act - Manifest inadmissibility)

16

97/C 131/41

ORDER OF THE COURT OF FIRST INSTANCE of 20 February 1997 in Case T-139/96: MD Foods Amba and Others v. Commission of the European Communities (Disclaimer of jurisdiction)

16

97/C 131/42

ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 17 December 1996 in Case T-164/96 R: Moccia Irme SpA v. Commission of the European Communities (ECSC - State aid - Single decision refusing to authorize the grant of State aid to a steel undertaking - Suspension of operation of a measure - Necessary interim measures - Interest in obtaining the interim measures requested - Rejection of the application)

17

97/C 131/43

Action brought on 31 January 1997 by Kesko Oy against the Commission of the European Communities (Case T-22/97)

17

97/C 131/44

Action brought on 3 February 1997 by AEVP - Associação das Empresas de Vinho do Porto against the Commission of the European Communities (Case T-23/97)

18

97/C 131/45

Action brought on 4 February 1997 by the Coopérative d'Elevage de la Vendée, de l'Anjou et du Poitou (CEVAP) and the Coopérative Agricole d'Eleveurs de Veaux du Bocage (CEVB) against the Council of the European Union (Case T-24/97)

19

97/C 131/46

Action brought on 6 February 1997 by Michael Pulch against the Commission of the European Communities (Case T-25/97)

19

97/C 131/47

Action brought on 11 February 1997 by Agnès Hubert against the Commission of the European Communities (Case T-28/97)

20

97/C 131/48

Action brought on 11 February 1997 by Alain Liberos against the Commission of the European Communities (Case T-29/97)

20

97/C 131/49

Action brought on 24 February 1997 by Francisco Fernandez Ruiz against the Commission of the European Communities (Case T-31/97)

21

97/C 131/50

Action brought on 24 February 1997 by Deborah Gabriel against the Commission of the European Communities (Case T-32/97)

21

97/C 131/51

Action brought on 24 February 1997 by Luc Jacobs against the Commission of the European Communities (Case T-33/97)

21

97/C 131/52

Action brought on 25 February 1997 by the public limited company Forges de Clabecq against the Commission of the European Communities (Case T-37/97)

22

97/C 131/53

Action brought on 27 February 1997 by T. Port GmbH & Co. against the Commission of the European Communities (Case T-39/97)

23

97/C 131/54

Action brought on 27 February 1997 by Pearle BV, Hans Prijsoptiek Franchise BV, Van der Wiel BV, Prins Brillen BV, Brilservice BV and Optical Retail Group BV against the Commission of the European Communities (Case T-40/97)

23

97/C 131/55

Partial removal from the register in Joined Cases T-77/93 and Others

24

97/C 131/56

Partial removal from the register in Joined Cases T-366/94 and Others

24

97/C 131/57

Removal from the register of Case T-199/95

24

97/C 131/58

Removal from the register of Case T-137/96

24

EN