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Document C:1998:234:TOC
Official Journal of the European Communities, C 234, 25 July 1998
Official Journal of the European Communities, C 234, 25 July 1998
Official Journal of the European Communities, C 234, 25 July 1998
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| Official Journal of the European Communities | ISSN
0378-6986 C 234 Volume 41 25 July 1998 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| 98/C 234/01 | Judgment of the Court (Fifth Chamber) of 7 May 1998 in Case C-113/96 (reference for a preliminary ruling from the Bundessozialgericht): Manuela Gómez Rodríguez and Gregorio Gómez Rodríguez v Landesversicherungsanstalt Rheinprovinz (Social security for migrant workers - Orphans' benefits) | 1 | |
| 98/C 234/02 | Judgment of the Court (Sixth Chamber) of 7 May 1998 in Case C-124/96: Commission of the European Communities v Kingdom of Spain, supported by United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil its obligations - Sixth Council Directive 77/388/EEC - Exemption of certain supplies of services closely linked to sport or physical education - Unjustified restrictions) | 2 | |
| 98/C 234/03 | Judgment of the Court of 7 May 1998 in Case C-401/96 P: Somaco Sàrl v Commission of the European Communities (Appeals - Competition - No anti-competitive conduct in Martinique by reason of irresistible pressure on the part of the local administration - Distortion of evidence) | 2 | |
| 98/C 234/04 | Judgment of the Court (Fourth Chamber) of 7 May 1998 in Joined Cases C-52/97, C-53/97 and C-54/97 (references for a preliminary ruling from the Pretura Circondariale, Trento): Epifanio Viscido, Mauro Scandella and Others and Massimiliano Terragnolo and Others v Ente Poste Italiane (Aid granted by Member States - Meaning - National law providing that only one public utility is relieved of the obligation of observing a rule of general application relating to fixed-term employment contracts) | 3 | |
| 98/C 234/05 | Judgment of the Court (Fifth Chamber) of 12 May 1998 in Case C-366/95 (reference for a preliminary ruling from the Højesteret): Landbrugsministeriet - EF-Direktoratet v Steff-Houlberg Export I/S, Nowaco A/S et Nowaco Holding A/S, SMC af 31/12-1989 A/S (Community aid unduly paid - Recovery - Application of national law - Conditions and limits) | 3 | |
| 98/C 234/06 | Judgment of the Court of 12 May 1998 in Case C-85/96 (reference for a preliminary ruling from the Bayerisches Landessozialgericht): María Martínez Sala v Freistaat Bayern (Articles 8a, 48 and 51 of the EC Treaty - Definition of worker - Article 4 of Regulation (EEC) No 1408/71 - Child-raising allowance - Definition of family benefit - Article 7(2) of Regulation (EEC) No 1612/68 - Definition of social advantage - Requirement of possession of a residence permit or authorisation) | 4 | |
| 98/C 234/07 | Judgment of the Court of 12 May 1998 in Case C-106/96: United Kingdom of Great Britain and Northern Ireland, supported by Federal Republic of Germany, by Council of the European Union and by Kingdom of Denmark, v Commission of the European Communities, supported by the European Parliament (Community action programme to combat social exclusion - Funding - Legal basis) | 4 | |
| 98/C 234/08 | Judgment of the Court of 12 May 1998 in Case C-170/96: Commission of the European Communities, supported by the European Parliament v Council of the European Union, supported by the Kingdom of Denmark, French Republic and the United Kingdom of Great Britain and Northern Ireland (Act of the Council - Joint action regarding airport transit visas - Legal basis) | 5 | |
| 98/C 234/09 | Judgment of the Court of 12 May 1998 in Case C-367/96 (reference for a preliminary ruling from the Efeteio - Athinon): Alexandros Kefalas and Others v Elliniko Dimosio (Greek State), Organismos Ikonomikis Anasinkrotisis Epikhiriseon AE (OAE), intervener Athinaiki Khartopiia AE and Others (Company law - Public limited liability company in financial difficulties - Increase in the capital of the company by administrative decision - Abusive exercise of a right arising from a provision of Community law) | 5 | |
| 98/C 234/10 | Judgment of the Court of 12 May 1998 in Case C-336/96 (reference for a preliminary ruling from the Tribunal Administratif, Strasbourg): Mr and Mrs Robert Gilly v Directeur des Services Fiscaux du Bas-Rhin (Articles 6, 48 and 220 of the EC Treaty - Equal treatment - Bilateral convention for the avoidance of double taxation - Frontier workers) | 6 | |
| 98/C 234/11 | Judgment of the Court (Third Chamber) of 14 May 1998 in Case C-48/96 P: Windpark Groothusen GmbH & Co. Betriebs KG v Commission of the European Communities (Appeal - Financial support in the energy sector - Thermie programme - Right to full legal protection - Duty to state reasons - Right to a hearing - Discretion) | 6 | |
| 98/C 234/12 | Judgment of the Court (Sixth Chamber) of 14 May 1998 in Case C-259/96 P: Council of the European Union v Lieve de Nil and Christiane Impens (Appeal - Officials - Internal competition - Measures implementing a judgment annulling a decision - Promotion to a higher category following a competition with no retroactive effect - Material and non-material damage) | 7 | |
| 98/C 234/13 | Judgment of the Court (Fifth Chamber) of 14 May 1998 in Case C-364/96 (reference for a preliminary ruling from the Bezirksgericht für Handelssachen Wien): Verein für Konsumenteninformation v Österreichische Kreditversicherungs AG (Directive 90/314/EEC on package travel, package holidays and package tours - Extent of protection against the risk of the organiser's insolvency) | 7 | |
| 98/C 234/14 | Judgment of the Court of 19 May 1998 in Case C-132/95 (reference for a preliminary ruling from the Østre Landsret): Bent Jensen and Korn- og Foderstofkompagniet A/S v Landbrugsministeriet, EF-Direktoratet (Community law - Principles - Set-off of amounts paid under Community law against debts payable to a Member State - Common agricultural policy - Regulation (EEC) No 1765/92 - Support system for producers of certain arable crops) | 8 | |
| 98/C 234/15 | Judgment of the Court of 19 May 1998 in Case C-3/96: Commission of the European Communities v Kingdom of the Netherlands, supported by the Federal Republic of Germany (Conservation of wild birds - Special protection areas) | 8 | |
| 98/C 234/16 | Judgment of the Court (Fifth Chamber) of 19 May 1998 in Case C-351/96 (reference for a preliminary ruling from the Cour de Cassation, France): Drouot Assurances SA v Consolidated Metallurgical Industries (CMI Industrial Sites), Protea Assurance, Groupement d'Intérêt Économique (GIE) Réunion Européenne (Brussels Convention - Interpretation of Article 21 - Lis alibi pendens - Definition of same parties - Insurance company and its insured) | 9 | |
| 98/C 234/17 | Judgment of the Court (Fifth Chamber) of 28 May 1998 in Case C-7/95 P: John Deere Ltd v Commission of the European Communities (Appeal - Admissibility - Question of law - Question of fact - Competition - Information exchange system - Restriction of competition - Refusal to grant an exemption) | 9 | |
| 98/C 234/18 | Judgment of the Court (Fifth Chamber) of 28 May 1998 in Case C-8/95 P: New Holland Ford Ltd v Commission of the European Communities (Appeal - Admissibility - Question of law - Question of fact - Competition - Information exchange system - Restriction of competition - Refusal to grant an exemption) | 10 | |
| 98/C 234/19 | Judgment of the Court (First Chamber) of 28 May 1998 in Case C-3/97 (reference for a preliminary ruling from the Court of Appeal (England and Wales) Criminal Division: criminal proceedings against John Charles Goodwin and Edward Thomas Unstead (Tax provisions - Harmonisation of laws - Turnover taxes - Common system of value added tax - Sixth Directive - Scope - Supply of counterfeit perfume products) | 10 | |
| 98/C 234/20 | Judgment of the Court of 28 May 1998 in Case C-22/96: European Parliament, supported by the Commission of the European Communities, v Council of the European Union (Council Decision 95/468/EC - IDA - Telematic networks - Legal basis) | 11 | |
| 98/C 234/21 | Judgment of the Court (Sixth Chamber) of 28 May 1998 in Case C-213/97: Commission of the European Communities v Portuguese Republic (Failure by a Member State to fulfil its obligations - Directives 86/280/EEC and 88/347/EEC - Failure to transpose within the period prescribed) | 11 | |
| 98/C 234/22 | Judgment of the Court (Fifth Chamber) of 28 May 1998 in Case C-298/97: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations - Directive 91/157/EEC - Failure by a Member State to adopt programmes provided for in Article 6 of the directive) | 12 | |
| 98/C 234/23 | Case C-153/98 P: Appeal brought on 17 April 1998 by Société Guérin Automobiles EURL against the order delivered on 13 February 1998 by the Second Chamber of the Court of First Instance of the European Communities in Case T-275/97 between Société Guérin Automobiles EURL and the Commission of the European Communities | 12 | |
| 98/C 234/24 | Case C-156/98: Action brought on 24 April 1998 by the Federal Republic of Germany against the Commission of the European Communities | 12 | |
| 98/C 234/25 | Case C-172/98: Action brought on 8 May 1998 by the Commission of the European Communities against the Kingdom of Belgium | 14 | |
| 98/C 234/26 | Case C-176/98: Reference for a preliminary ruling by the Tribunale Amministrativo per la Sardegna by judgment of that court of 12 February 1998, in the case of Holst Italia SpA against Municipality of Cagliari and Ruhrwasser AG International Water Management SpA | 14 | |
| 98/C 234/27 | Case C-188/98: Action brought on 18 May 1998 by the Commission of the European Communities against the Grand Duchy of Luxembourg | 14 | |
| 98/C 234/28 | Case C-190/98: Reference for a preliminary ruling by the Oberlandesgericht Linz by order of that court of 15 April 1998 in the case of Volker Graf against Filzmoser Maschinenbau GmbH | 15 | |
| 98/C 234/29 | Case C-192/98: Reference for a preliminary ruling from, the Corte dei Conti - Chamber responsible for verifying acts of the Government and of State Administrations - by order of 20 March and 7 April 1998 in proceedings involving the Ministry of Public Works, the Ministry of Finance, the Budget and Economic Planning, and ANAS - Azienda Nazionale Autonoma delle Strade (now Ente Nazionale per le Strade) | 15 | |
| 98/C 234/30 | Case C-193/98: Reference for a preliminary ruling from the Oberlandesgericht Köln, by order of that court of 8 May 1998 in proceedings concerning an administrative fine imposed on Alois Pfennigmann | 16 | |
| 98/C 234/31 | Case C-194/98: Reference for a preliminary ruling from the Oberlandesgericht Köln, by order of that court of 8 May 1998 in proceedings concerning an administrative fine imposed on Eckard Pörschke | 16 | |
| 98/C 234/32 | Case C-195/98: Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 30 April 1998 in the case of Österreichischer Gewerkschaftsbund, Gewerkschaft öffentlicher Dienst v Republic of Austria | 16 | |
| 98/C 234/33 | Case C-196/98: Reference for a preliminary ruling by the Social Security Commissioner, by order of 8 May 1998, in the cases of Regina Virginia Hepple, Anna Stec, Patrick Vincent Lunn, Oliver Kimber and Sybil Spencer against the Adjudication Officer | 17 | |
| 98/C 234/34 | Case C-197/98: Action brought on 20 May 1998 by the Commission of the European Communities against the Hellenic Republic | 17 | |
| 98/C 234/35 | Case C-198/98: Reference for a preliminary ruling by the Industrial Tribunal, Bristol, by order of that court of 6 May 1998, in the case of 1) Mr G. Everson and 2) Mr T. J. Barrass against 1) Secretary of State for Trade and Industry and 2) Bell Lines Ltd (in liquidation) | 18 | |
| 98/C 234/36 | Case C-199/98 P: Appeal brought on 25 May 1998 by Anthony Goldstein against the order made on 16 March 1998 by the Third Chamber of the Court of First Instance of the European Communities in Case T-235/95, between Anthony Goldstein and the Commission of the European Communities | 18 | |
| 98/C 234/37 | Case C-203/98: Action brought on 28 May 1998 by the Commission of the European Communities against the Kingdom of Belgium | 19 | |
| 98/C 234/38 | Case C-204/98: Action brought on 29 May 1998 by the Commission of the European Communities against the Hellenic Republic | 20 | |
| 98/C 234/39 | Case C-205/98: Action brought on 29 May 1998 by the Commission of the European Communities against the Republic of Austria | 20 | |
| 98/C 234/40 | Case C-207/98: Reference for a preliminary ruling from the Landesarbeitsgericht (Regional Labour Court) Mecklenburg-Vorpommern by order of that court of 16 April 1998 in the case of Silke-Karin Mahlburg v Land Mecklenburg-Vorpommern | 21 | |
| 98/C 234/41 | Case C-208/98: Reference for a preliminary ruling from the Landgericht Potsdam by order of that court of 27 April 1998 in the case of Berliner Kindl Brauerei AG against Andreas Siepert | 21 | |
| 98/C 234/42 | Case C-209/98: Reference for a preliminary ruling by the Østre Landsret by order of 27 May 1998 in the case of FFAD - Entreprenørforeningens Affalds/Miljøsektion, acting on behalf of Sydhavnens Sten & Grus ApS v The Commune of Copenhagen, Fifth Section of the Communal Authority - Environmental Control | 22 | |
| 98/C 234/43 | Case C-212/98: Action brought on 9 June 1998 by the Commission of the European Communities against Ireland | 22 | |
| 98/C 234/44 | Extension of the composition of the Chambers for the judicial year 1997/1998 | 23 | |
| 98/C 234/45 | Judgment of the Court of First Instance of 9 June 1998 in Joined Cases T-171/95 and T-191/95: Adriaan Al and 99 Others and Franz Becker and 6 Others v Commission of the European Communities (Officials - Pensions - Weighting - Change of capital - Retroactive effect - Regulation (ECSC, EC, Euratom) No 3161/94 - Action for annulment - Admissibility - Act adversely affecting an official) | 23 | |
| 98/C 234/46 | Judgment of the Court of First Instance of 9 June 1998 in Case T-172/95: Valentino Chesi and Others v Council of the European Union (Officials - Pensions - Weighting - Change of capital - Retroactive effect - Regulation (ECSC, EC, Euratom) No 3161/94 - Action for annulment - Admissibility - Act adversely affecting an official) | 24 | |
| 98/C 234/47 | Judgment of the Court of First Instance of 9 June 1998 in Case T-173/95: Erich Biedermann and Others v Court of Auditors of the European Communities (Officials - Pensions - Weighting - Change of capital - Retroactive effect - Regulation (ECSC, EC, Euratom) No 3161/94 - Action for annulment - Admissibility - Act adversely affecting an official) | 24 | |
| 98/C 234/48 | Judgment of the Court of First Instance of 17 June 1998 in Case T-174/95: Svenska Journalistförbundet v Council of the European Union (Access to information - Council Decision 93/731/EC - Refusal of an application for access to Council documents - Action for annulment - Admissibility - Title VI of the Treaty on European Union - Scope of the exception concerning the protection of public security - Confidentiality of the Council's proceedings - Statement of reasons - Publication of the defence on the Internet - Abuse of procedure) | 25 | |
| 98/C 234/49 | Judgment of the Court of First Instance of 26 May 1998 in Case T-205/96: Roland Bieber v European Parliament (Officials - Belated reinstatement - Liability - Damage) | 25 | |
| 98/C 234/50 | Judgment of the Court of First Instance of 9 June 1998 in Joined Cases T-10/97 and T-11/97: Unifrigo Gadus Srl and CPL Imperial 2 SpA v Commission of the European Communities (Post-clearance recovery of customs duties - Regulation (EEC) No 1697/79 - Regulation (EEC) No 2454/93) | 26 | |
| 98/C 234/51 | Order of the Court of First Instance of 4 May 1998 in Case T-84/97: Bureau Européen des Unions de Consommateurs (BEUC) v Commission of the European Communities (Anti-dumping procedure - Interested party - Refusal - Action for annulment - Confirmatory act - Time-limit - Inadmissibility) | 26 | |
| 98/C 234/52 | Judgment of the Court of First Instance of 11 June 1998 in Case T-167/97: Kyriakos Skrikas v European Parliament (Officials - Decision not to promote an official - Action for annulment - Admissibility - Act adversely affecting an official - Consideration of the comparative merits - Interinstitutional transfer - Article 45(1) of the Staff Regulations) | 26 | |
| 98/C 234/53 | Judgment of the Court of First Instance of 9 June 1998 in Case T-176/97: Alan Hick v Economic and Social Committee of the European Communities (Officials - Promotion - Official made available to work in the department in which he was previously employed - Secondment in the interests of the service - Misuse of powers) | 27 | |
| 98/C 234/54 | Order of the Court of First Instance of 14 May 1998 in Case T-262/97: Anthony Goldstein v Commission of the European Communities (Action for damages - Manifest inadmissibility) | 27 | |
| 98/C 234/55 | Order of the President of the Court of First Instance of 26 May 1998 in Case T-60/98 R: Ecord Consortium for Russian Cooperation v Commission of the European Communities (Interim measures - Application for interim measures - Commission decision rejecting a tender) | 27 | |
| 98/C 234/56 | Case T-59/98: Action brought on 6 April 1998 by Honeywell Inc. against the Commission of the European Communities | 28 | |
| 98/C 234/57 | Case T-65/98: Action brought on 21 April 1998 by Van Den Bergh Foods Limited against the Commission of the European Communities | 28 | |
| 98/C 234/58 | Case T-71/98: Action brought on 29 April 1998 by Luc Verheyden against the Commission of the European Communities | 29 | |
| 98/C 234/59 | Case T-75/98: Action brought on 5 May 1998 by Arnaldo Lucaccioni against the Commission of the European Communities | 30 | |
| 98/C 234/60 | Case T-76/98: Action brought on 13 May 1998 by Claudine Hamptaux against the Commission of the European Communities | 30 | |
| 98/C 234/61 | Case T-78/98: Action brought on 19 May 1998 by Unione Provinciale degli Agricoltori di Firenze, Azienda Agraria Fattoria Giannozzi, Unione Pratese degli Agricoltori, Consorzio Produttori dell'Olio Tipico di Oliva della Provincia di Firenze, Società Fondiaria Colline Fiesolane SRL, Azienda Agraria Fattoria di Maiano, Azienda Agraria Tenuta Bossi, Azienda Agraria Il Valico, Azienda Agraria Il Bottaio against Commission of the European Communities | 31 | |
| 98/C 234/62 | Case T-79/98: Action brought on 23 May 1998 by Manuel Tomás Carrasco Benítez against European Agency for the Evaluation of Medicinal Products | 32 | |
| 98/C 234/63 | Case T-80/98: Action brought on 25 May 1998 by CIT Belgique SA against the Commission of the European Communities | 32 | |
| 98/C 234/64 | Case T-81/98: Action brought on 25 May 1998 by Patricia Boyes against the Commission of the European Communities | 33 | |
| 98/C 234/65 | Case T-82/98: Action brought on 27 May 1998 by Frans Jacobs against the Commission of the European Communities | 34 | |
| 98/C 234/66 | Case T-85/98: Action brought on 29 May 1998 by Fédération Internationale de l'Automobile against the Commission of the European Communities | 34 | |
| 98/C 234/67 | Case T-87/98: Action brought on 5 June 1998 by the International Potash Company (IPC) against the Council of the European Union | 35 | |
| 98/C 234/68 | Case T-88/98: Action brought on 7 June 1998 by Kundan Industries Limited and Tata International Limited against the Council of the European Union | 36 | |
| 98/C 234/69 | Case T-89/98: Action brought on 8 June 1998 by National Association of Licensed Opencast Operators (NALOO) against the Commission of the European Communities | 36 | |
| 98/C 234/70 | Case T-90/98: Action brought on 5 June 1998 by AssiDomän Kraft Products AB and six other Swedish wood pulp companies against the Commission of the European Communities | 37 | |
| 98/C 234/71 | Case T-93/98: Action brought on 8 June 1998 by Ioannis Rentzos against the European Parliament | 38 | |
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