Official Journal
of the European Communities

ISSN 0378-6986

C 74
Volume 40
8 March 1997

English edition

Information and Notices

Notice No

Contents

Page

I Information

Court of Justice

COURT OF JUSTICE

97/C 74/01

JUDGMENT OF THE COURT (Sixth Chamber) of 12 December 1996 in Joined Cases C-320/94, C-328/94, C-329/94, C-337/94, C-338/94 and C-339/94 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale del Lazio): Reti Televisive Italiane SpA (RTI), in the presence of Publitalia '80, v. Ministero delle Poste e Telecomunicazioni, in the presence of Federazione Italiana Editori Giornali (FIEG), Coordinamento delle Associazioni per la Difesa dell'Ambiente e dei Diritti degli Utenti e Consumatori (Codacons) and Associazione Utenti Radiotelevisivi and Others (Interpretation - Directive 89/552/EEC - Television broadcasting activities)

1

97/C 74/02

JUDGMENT OF THE COURT of 14 January 1997 in Case C-124/95 (reference for a preliminary ruling from the Court of Appeal): The Queen, ex parte: Centro-Com Srl v. HM Treasury and Bank of England (Foreign and security policy - Common commercial policy - Blocking of funds - Sanctions against the Republics of Serbia and Montenegro)

2

97/C 74/03

JUDGMENT OF THE COURT of 14 January 1997 in Case C-169/95: Kingdom of Spain v. Commission of the European Communities (State aids - Aid for the construction of a steel foundry in the Province of Teruel, Spain)

2

97/C 74/04

JUDGMENT OF THE COURT of 14 January 1997 in Joined Cases C-192/95 to C-218/95 (reference for a preliminary ruling from the Tribunal d'Instance de Paris): Société Comateb and Others v. Directeur Général des Douanes et Droits Indirects (Dock dues - Recovery of sums not due - Obligation to pass on the charge - Overseas departments)

3

97/C 74/05

JUDGMENT OF THE COURT (Sixth Chamber) of 16 January 1997 in Case C-134/95 (reference for a preliminary ruling from the Pretura Circondariale, Biella): Unità Socio-Sanitaria Locale n. 47 di Biella (USSL) v. Istituto Nazionale per l'Assicurazione contro gli Infortuni sul Lavoro (INAIL) (Workers - Labour procurement service - Statutory monopoly)

3

97/C 74/06

JUDGMENT OF THE COURT (Third Chamber) of 16 January 1997 in Case C-273/95 (reference for a preliminary ruling from the Pretura Circondariale, Verona): Impresa Agricola Buratti Leonardo, Pierluigi e Livio v. Tabacchicoltori Associati Veneti Soc. coop. arl (TAV) (Common organization of the market - Raw tobacco - Commission Regulation (EEC) No 3478/92 - Premium system for raw tobacco - Calculation of the premium to be paid by a group of producers to the individual producer)

4

97/C 74/07

JUDGMENT OF THE COURT (Sixth Chamber) of 23 January 1997 in Case C-463/93 (reference for a preliminary ruling from the Verwaltungsgericht Düsseldorf): Katholische Kirchengemeinde St. Martinus Elten v. Landwirtschaftskammer Rheinland, joined parties: Arnold Derksen, Johann Thyssen (Additional levy on milk - Calculation of the reference quantity - Taking into account of a quantity produced in another Member State)

4

97/C 74/08

JUDGMENT OF THE COURT (Sixth Chamber) of 23 January 1997 in Case C-29/95 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen: Eckehard Pastoors, Trans-cap GmbH v. Belgian State (Road transport - Council Regulations (EEC) No 3820/85 and 3821/85 - Implementing national provisions)

5

97/C 74/09

JUDGMENT OF THE COURT (Fourth Chamber) of 23 January 1997 in Case C-153/95 (reference for a preliminary ruling from the Raad van State van België): Andre en Co. NV v. Belgian State (Monetary compensatory amounts - Exemption)

5

97/C 74/10

JUDGMENT OF THE COURT (Sixth Chamber) of 23 January 1997 in Case C-171/95 (reference for a preliminary ruling from the Bundesverwaltungsgericht): Recep Tetik v. Land Berlin joined party: Oberbundesanwalt beim Bundesverwaltungsgericht (EEC-Turkey Association Agreement - Decision of the Council of Association - Free movement of workers - Extension of a residence permit - Voluntary termination of a contract of employment)

6

97/C 74/11

JUDGMENT OF THE COURT (Sixth Chamber) of 23 January 1997 in Case C-181/95 (reference for a preliminary ruling from the Tribunal de commerce de Nivelles): Biogen Inc. v. Smithkline Beecham Biologicals SA (Council Regulation (EEC) No 1768/92 - Supplementary protection certificate for medicinal products - Refusal by the holder of the marketing authorization to provide a copy to the applicant for the certificate)

6

97/C 74/12

JUDGMENT OF THE COURT (Second Chamber) of 23 January 1997 in Case C-246/95 (reference for a preliminary ruling from the Conseil d'Etat of the Kingdom of Belgium): Myrianne Coen v. Belgian State (Temporary staff - Recruitment procedure - Member States invited to propose candidates - Actions before the national courts)

7

97/C 74/13

JUDGMENT OF THE COURT (Sixth Chamber) of 23 January 1997 in Case C-314/95 Commission of the European Communities v. Italian Republic (Failure by a Member State to fulfil its obligations - Failure to transpose directives concerning public health and animal health into national law)

7

97/C 74/14

JUDGMENT OF THE COURT (Fifth Chamber) of 30 January 1997 in Case C-340/94 (reference for a preliminary ruling from the Hoge Raad der Nederlanden): E. J. M. de Jaeck v. Staatssecretaris van Financiën (Social security for migrant workers - Determination of the legislation applicable - Definition of employed and self-employed)

8

97/C 74/15

JUDGMENT OF THE COURT (Fifth Chamber) of 30 January 1997 in Joined Cases C-4/95 and C-5/95 (references for preliminary rulings from the Landessozialgericht Nordrhein-Westfalen): Fritz Stöber (C-4/95) and José Manuel Piosa Pereira (C-5/95) v. Bundesanstalt für Arbeit (Social security - Council Regulation (EEC) No 1408/71 - Persons covered)

9

97/C 74/16

JUDGMENT OF THE COURT (Fifth Chamber) of 30 January 1997 in Case C-139/95 (reference for a preliminary ruling from the Pretura Circondariale di Genova): Livia Balestra v. Istituto Nazionale della Previdenza Sociale (INPS) (Directives 76/207/EEC and 79/7/EEC - Equal treatment for men and women - Calculation of credit for supplemental retirement contributions)

9

97/C 74/17

ORDER OF THE COURT (Fourth Chamber) of 28 November 1996 in Case C-277/95 P: Erika Lenz and Volker Lenz v. Commission of the European Communities (Officials - Time-limit for the bringing of an action for damages by the spouse or child of an official - Principle of res judicata - Manifest inadmissibility)

10

97/C 74/18

Reference for a preliminary ruling by the Diikitiko Efetio, Salonika (Third section) by judgment of that court of 24 October 1996 in the case of Covita AVE against the Greek State (Case C-370/96)

10

97/C 74/19

Reference for a preliminary ruling from the Oberlandesgericht Frankfurt am Main by order of that court of 9 December 1996 in the commercial registration case brought by the European Information Technology Observatory, a European Economic Interest Group (Case C-402/96)

10

97/C 74/20

Appeal brought on 23 December 1996 by Glencore Grain Ltd, formerly Richco Commodities Ltd, against the judgment delivered on 24 September 1996 by the Court of First Instance of the European Communities in Case T-491/93 between Richco Commodities Ltd and the Commission of the European Communities (Case C-403/96 P)

11

97/C 74/21

Appeal brought on 23 December 1996 by Glencore Grain Ltd, formerly Richco Commodities Ltd, against the judgment delivered on 24 September 1996 by the Court of First Instance of the European Communities in Case T-509/93 between Richco Commodities Ltd and the Commission of the European Communities (Case C-404/96 P)

11

97/C 74/22

Appeal brought on 23 December 1996 by Sveriges Betodlares Centralförening and Mr Sven Åke Henrikson against the order made on 4 October 1996 by the First Chamber of the Court of First Instance of the European Communities in Case T-197/95 between Sveriges Betodlares Centralförening and Mr Sven Åke Henrikson and the Commission of the European Communities (Case C-409/96 P)

11

97/C 74/23

Reference for a preliminary ruling by the Tribunal de Grande Instance de Metz by judgment of that court of 19 December 1996 in the case of Procureur de la République against André Ambry (Case C-410/96)

12

97/C 74/24

Reference for a preliminary ruling from the Korkein Hallinto-oikeus by order of that court of 13 December 1996 in the proceedings brought by Kainuun Liikenne Oy and Oy Pohjolan Liikenne Ab (Case C-412/96)

12

97/C 74/25

Reference for a preliminary ruling by the Appeals and Objections Committee of the Højesteret by decision of that court of 20 December 1996 in the case of Skatteministeriet v. Sportgoods A/S (Case C-413/96)

13

97/C 74/26

Reference for a preliminary ruling by the Immigration Adjudicator, by decision of the Adjudicator of 20 December 1996, in the case of Nour Eddline El Yassini against Secretary of State for the Home Department (Case C-416/96)

13

97/C 74/27

Reference for a preliminary ruling by the Verwaltungsgericht der Freien Hansestadt Bremen by order of that court of 9 December 1996 in the administrative proceedings between Mehmet Birden and Stadtgemeinde Bremen (Case C-1/97)

14

97/C 74/28

Reference for a preliminary ruling by the Court of Appeal, Criminal Division, by order of that court of 24 December 1996, in the case of Regina against John Charles Goodwin and Edward Thomas Unstead (Case C-3/97)

14

97/C 74/29

Reference for a preliminary ruling from the Raad van State, Belgium, by judgment of that court of 18 December 1996 in the case of NV Ballast Nedam Group v. Belgian State (Case C-5/97)

14

97/C 74/30

Reference for a preliminary ruling by the Oberlandesgericht, Vienna, by order of that Court of 1 July 1996 in the competition case of Oscar Bronner GmbH & Co. KG against 1. Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co. KG; 2. Mediaprint Zeitungsvertriebsgesellschaft mbH & Co. KG; 3. Mediaprint Anzeigengesellschaft mbH & Co. KG (Case C-7/97)

15

97/C 74/31

Reference for a preliminary ruling from the Maaseutuelinkeinojen Valituslautakunta by order of that tribunal of 9 January 1997 in the proceedings brought by Raija-Liisa Jokela (Case C-9/97)

15

97/C 74/32

Reference for a preliminary ruling by the Tribunale di Genova - Sezione Sesta Civile by order of that court of 18 December 1996 in the case of Palmira Ieropoli and Giovanni Sgambellone against Banca Carige SpA (Case C-23/97)

16

97/C 74/33

Action brought on 17 January 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-24/97)

16

97/C 74/34

Reference for a preliminary ruling by the Tribunale Civile di Genova by orders of that court of 19, 21 and 23 November 1996 in the cases before it between 1. Fiduciaria Internazionale Srl; 2. Giolfo e C. Srl; 3. Ligure Piemontese Società d'Intermediazione Mobiliare SpA; 4. So.Me.Fi. Srl; 5. Saia Srl; 6. Svin Servizi Spa and Amministrazione delle Finanze dello Stato (Cases C-25/97 and C-30/97)

17

97/C 74/35

Action brought on 31 January 1997 by the European Parliament against the Council of the European Union (Case C-42/97)

17

97/C 74/36

Removal from the register of C-290/96

18

97/C 74/37

Removal from the register of C-314/94

18

COURT OF FIRST INSTANCE

97/C 74/38

JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 December 1996 in Case T-358/94: Compagnie Nationale Air France v. Commission of the European Communities (State aid - Air transport - Airline company in a critical financial situation)

18

97/C 74/39

JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 December 1996 in Case T-130/95: X v. Commission of the European Communities (Officials - Promotion - Consideration of the candidates' comparative merits - Staff report - Delay in drawing it up - Action for annulment and for damages)

18

97/C 74/40

JUDGMENT OF THE COURT OF FIRST INSTANCE of 22 January 1997 in Case T-115/94: Opel Austria GmbH v. Council of the European Union (Withdrawal of tariff concessions - Agreement on the European Economic Area - Obligation under public international law not to deprive a treaty of its object and purpose before its entry into force - Principle of protection of legitimate expectations - Principle of legal certainty - Publication in the Official Journal)

19

97/C 74/41

JUDGMENT OF THE COURT OF FIRST INSTANCE of 29 January 1997 in Case T-7/94: Hilde Adriaenssens and Others v. Commission of the European Communities (Officials - Actions for annulment of measures - Pay slips applying the scales in respect of certain parental contributions fixed by a joint interinstitutional committee - Admissibility - Time-limits - Time-barred)

19

97/C 74/42

JUDGMENT OF THE COURT OF FIRST INSTANCE of 29 January 1997 in Case T-297/94: Joëlle Vanderhaeghen v. Commission of the European Communities (Officials - Actions for annulment of measures - Admissibility - Pay slips applying the scales in respect of certain parental contributions fixed by a joint interinstitutional committee - Principle of equality of treatment)

19

97/C 74/43

ORDER OF THE COURT OF FIRST INSTANCE of 13 December 1996 in Case T-128/96: Giorgio Lebedef v. Commission of the European Communities (Officials - Refusal by the Commission to distribute through its internal messenger services communications to the staff from an independent trade union - Legal interest in bringing proceedings - Admissibility - Claims for damages - Subject-matter of the dispute - Summary of the pleas in law - Admissibility)

20

97/C 74/44

Action brought on 9 December 1996 by Andrea Von Löwis against the Commission of the European Communities (Case T-202/96)

20

97/C 74/45

Application brought on 12 December 1996 by A. van Bennekom v. Council and Commission of the European Communities (Case T-206/96)

21

97/C 74/46

Application brought on 12 December 1996 by J. J. M. van Rossum and C. C. W. M. van Rossum v. Council and Commission of the European Communities (Case T-207/96)

22

97/C 74/47

Action brought on 4 January 1997 by Anna Maria Campogrande against Commission of the European Communities (Case T-3/97)

22

97/C 74/48

Action brought on 6 January 1997 by Roberto D'Orazio and Pierre Hublau against Commission of the European Communities (Case T-4/97)

23

97/C 74/49

Action brought on 13 January 1997 by Industrie des Poudres Sphériques (IPS) against the Commission of the European Communities (Case T-5/97)

24

97/C 74/50

Action brought on 15 January 1997 by Comafrica SpA and Dole Fresh Fruit Europe Ltd & Co. against the Commission of the European Communities (Case T-6/97)

24

97/C 74/51

Action brought on 16 January 1997 by Union Carbide Corporation (UCC) against the Commission of the European Communities (Case T-8/97)

25

97/C 74/52

Action brought on 17 January 1997 by Elf Atochem against the Commission of the European Communities (Case T-9/97)

26

97/C 74/53

Action brought on 20 January 1997 by Antoinette Losch against the Court of Justice of the European Communities (Case T-13/97)

26

97/C 74/54

Action brought on 24 January 1997 by Bruno Chauvin against the Commission of the European Communities (Case T-16/97)

27

97/C 74/55

Removal from the register of T-78/95

27

EN