Official Journal
of the European Communities

ISSN 0378-6986

C 286
Volume 38
28 October 1995

English edition

Information and Notices

Notice No

Contents

Page

I Information

Court of Justice

COURT OF JUSTICE

95/C 286/01

JUDGMENT OF THE COURT (Fifth Chamber) of 14 September 1995 in Case C-396/93 P: Helmut Henrichs v. Commission of the European Communities (Appeal - Article 4 (4) and (6) of Regulation (Euratom, ECSC, EEC) No 2274/87 - Determination of the allowance provided for in Article 4 (1) - Exclusion from the Joint Sickness Insurance Scheme for Officials of the European Communities)

1

95/C 286/02

JUDGMENT OF THE COURT (Fifth Chamber) of 14 September 1995 in Joined Cases C-485/93 and C-486/93 (references for a preliminary ruling from the Monomeles Diikitiko Protodikio of Rhodes and the Trimeles Diikitiko Protodikio of Rhodes): Maria Simitzi v. Dimos Kos (Free movement of goods - Tax regime of the Dodecanese - Charge having an effect equivalent to a customs duty - Temporal effects of a preliminary ruling)

1

95/C 286/03

JUDGMENT OF THE COURT (Fifth Chamber) of 14 September 1995 in Case C-49/94: Ireland v. Commission of the European Communities (Clearance of EAGGF accounts - 1990)

2

95/C 286/04

Action brought on 10 August 1995 by the Kingdom of Belgium against the Commission of the European Communities (Case C-271/95)

2

95/C 286/05

Reference for a preliminary ruling by the Pretura Circondariale di Verona - Sezione Distaccata di Isola della Scala by order of that court of 27 July 1995 and supplement of 4 September 1995 in the case of Impresa Agricola Buratti Leonardo, Pierluigi and Livio against TAV Tabacchicoltori Associati Veneti soc.coop. a r.l. (Case C-273/95)

3

95/C 286/06

Appeal brought on 18 August 1995 by Langnese-Iglo GmbH against the judgment delivered on 8 June 1995 by the Second Chamber, extended composition, of the Court of First Instance of the European Communities in Case T-7/93 between Langnese-Iglo GmbH and the Commission of the European Communities, supported by Mars GmbH (Case C-279/95 P)

3

95/C 286/07

Appeal brought on 30 August 1995 by the Commission of the European Communities against the judgment delivered on 29 June 1995 by the First Chamber (Extended Composition) of the Court of First Instance in Case T-31/91 between Solvay SA and the Commission of the European Communities (Case C-287/95 P)

3

95/C 286/08

Appeal brought on 30 August 1995 by the Commission of the European Communities against the judgment delivered on 29 June 1995 by the First Chamber (Extended Composition) of the Court of First Instance in Case T-32/91 between Solvay SA and the Commission of the European Communities (Case C-288/95 P)

4

95/C 286/09

Action brought on 30 August 1995 by the Commission of the European Communities against the Italian Republic (Case C-290/95)

4

95/C 286/10

Appeal lodged on 12 September 1995 by Girish Ojha against the judgment of the Court of First Instance of the European Communities (First Chamber) of 6 July 1995 in Case T-36/93 Girish Ojha v. Commission of the European Communities (Case C-294/95 P)

5

95/C 286/11

Reference for a preliminary ruling by the Dublin Circuit Family Court, by order of that court of 15 May 1995, in the case of Jackie Farrell against James Long (Case C-295/95)

5

95/C 286/12

Action brought on 15 September 1995 by the Commission of the European Communities against the Federal Republic of Germany (Case C-297/95)

6

95/C 286/13

Action brought on 15 September 1995 by the Commission of the European Communities against the Federal Republic of Germany (Case C-298/95)

6

95/C 286/14

Action brought on 20 September 1995 by the Commission of the European Communities against the United Kingdom (Case C-300/95)

6

95/C 286/15

Action brought on 25 September 1995 by the Commission of the European Communities against the Italian Republic (Case C-302/95)

7

95/C 286/16

Action brought on 25 September 1995 by the Commission of the European Communities against the Italian Republic (Case C-303/95)

7

95/C 286/17

Removal from the register of Case C-213/94

8

95/C 286/18

Removal from the register of Case C-93/95

8

COURT OF FIRST INSTANCE

95/C 286/19

JUDGMENT OF THE COURT OF FIRST INSTANCE of 13 July 1995 in Case T-44/93: Monique Saby v. Commission of the European Communities (Officials - Action for damages - Admissibility - Proper conduct of the pre-litigation procedure - Duty to provide assistance - Duty to have regard for the welfare of officials - Principle of the protection of legitimate expectations)

8

95/C 286/20

JUDGMENT OF THE COURT OF FIRST INSTANCE of 13 July 1995 in Joined Cases T-466/93, T-469/93, T-473/93, T-474/93 and T-477/93: Thomas O'Dwyer and Others v. Council of the European Union (Common organization of the market in milk and milk products - Milk quotas - Additional levy - Reduction of reference quantities without compensation - Claim for damages)

8

95/C 286/21

JUDGMENT OF THE COURT OF FIRST INSTANCE of 13 July 1995 in Case T-545/93: Heinz Kschwendt v. Commission of the European Communities (Officials - Dependent child allowance - Education allowance - Medical expenses - Recovery of undue payment)

9

95/C 286/22

JUDGMENT OF THE COURT OF FIRST INSTANCE of 13 July 1995 in Case T-176/94: K v. Commission of the European Communities (Officials - European Convention for the protection of human rights and fundamental freedoms - Complaint - Right to respect for private life)

9

95/C 286/23

JUDGMENT OF THE COURT OF FIRST INSTANCE of 13 September 1995 in Joined Cases T-244/93 and T-486/93: TWD Textilwerke Deggendorf GmbH v. Commission of the European Communities (State aid - Commission decisions suspending payment of certain aids until previous unlawful aids have been repaid)

9

95/C 286/24

JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 September 1995 in Joined Cases T-480/93 and T-483/93: Antillean Rice Mills and Others v. Commission of the European Communities (Association of the overseas countries and territories - Safeguard measure - Application for annnulment - Admissibility)

10

95/C 286/25

JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 September 1995 in Case T-571/93: Lefebvre Frères et Soeurs v. Commission of the European Communities (Agriculture - Bananas - Action for damages - Delay in submitting a proposal for a regulation establishing the common organiziation of the market - Validity of decisions of the Commission based on Article 115 of the EC Treaty)

10

95/C 286/26

JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 September 1995 in Case T-171/94: Descom Scales Manufacturing Co Ltd v. Council of the European Union

11

95/C 286/27

JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 September 1995 in Joined Cases T-458/93 and T-523/93 Empresa Nacional de Urânio SA (ENU) v. Commission of the European Communities (EAEC - Actions for annulment of measures - 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 - Balancing of supply and demand - Infringement of the rules of the Treaty - Community preference - None - Commission instruction to the Supply Agency - Principles of good faith and legitimate expectations - Non-contractual liability)

11

95/C 286/28

JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber, extended composition) of 18 September 1995 in Case T-49/93: Société Internationale de Diffusion et d'Édition (SIDE) v. Commission of the European Communities (State aid - Articles 92 and 93 - Actions for annulment of measures - Aid for exports of books)

12

95/C 286/29

JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 September 1995 in Case T-471/93: Tiercé Ladbroke SA v. Commission of the European Communities (Competition - State aid - Levy on bets taken on horse-races - Transfer of resources to an undertaking established in another Member State)

12

95/C 286/30

JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 September 1995 in Case T-548/93: Ladbroke Racing Ltd v. Commission of the European Communities (Competition - Articles 85 and 86 of the Treaty - Taking of bets on horse-races - Exclusive rights of a national grouping of undertakings - Agreements and concerted practices - Abuse of dominant position - Article 90 of the Treaty - Lack of Community interest - Past infringements of the competition rules)

12

95/C 286/31

JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 September 1995 in Case T-167/94: Detlef Nölle v. Council of the European Union and Commission of the European Communities (Action to establish non-contractual liability - Admissibility - Basic anti-dumping Regulation (EEC) No 2423/88 - Breach - Anti-dumping Regulation (EEC) No 725/89 - Invalidity - Liability by reason of legislative measures - Principle of care - Right to a fair hearing - Sufficiently serious breach)

13

95/C 286/32

JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 September 1995 in Case T-168/94: Blackspur DIY Ltd and Others v. Council of the European Union and Commission of the European Communities (Action for damages - Non-contractual liability of the Community - Causal Link - Anti-dumping duties - Basic Regulation No 2423/88)

13

95/C 286/33

ORDER OF THE COURT OF FIRST INSTANCE of 11 July 1995 in Case T-23/90 - Article 92 and T-9/92 - Article 92, Automobiles Peugeot SA and Peugeot SA v. Commission of the European Communities (Taxation of costs)

14

95/C 286/34

ORDER OF THE COURT OF FIRST INSTANCE of 11 September 1995 in Case T-286/94: Z v. Economic and Social Committee of the European Communities (Officials - Promotion - Retirement - Inadmissibility)

14

95/C 286/35

ORDER OF THE COURT OF FIRST INSTANCE of 16 August 1995 in Case T-290/94: Kaysersberg SA v. Commission of the European Communities (Rules governing languages)

14

95/C 286/36

Action brought on 7 April 1995 by Peter Esmond Stott against the Commission of the European Communities (Case T-99/95)

15

95/C 286/37

Action brought on 8 August 1995 by LPN - Liga para a Protecção da Natureza, and by GEOTA - Grupo de Estudos do Ordenamento do Território e do Ambiente, against the Commission of the European Communities (Case T-155/95)

15

95/C 286/38

Action brought on 11 August 1995 by the European Association of Mozzarella Manufacturers and Others against the Commission of the European Communities (Case T-157/95)

16

EN