Official Journal
of the European Communities

ISSN 0378-6986

C 212
Volume 40
12 July 1997

English edition

Information and Notices

Notice No

Contents

Page

I Information

Court of Justice

COURT OF JUSTICE

97/C 212/01

JUDGMENT OF THE COURT of 13 May 1997 in Case C-233/94: Federal Republic of Germany v. European Parliament and Council of the European Union supported by Commission of the European Communities (Directive on deposit-guarantee schemes - Legal basis - Obligation to state reasons - Principle of subsidiarity - Proportionality - Consumer protection - Supervision by the home Member State)

1

97/C 212/02

JUDGMENT OF THE COURT (Sixth Chamber) of 29 May 1997 in Case C-69/94: French Republic v. Commission of the European Communities (Milk - Additional levy scheme - Detailed rules - Decision 93/673/EC - Powers of the Commission)

1

97/C 212/03

JUDGMENT OF THE COURT (Fifth Chamber) of 29 May 1997 in Case C-299/95 (reference for a preliminary ruling from the Oberster Gerichtshof): Friedrich Kremzow, Wilfried Weh, intervening v. Republik Österreich (Article 164 of the EC Treaty - European Convention on Human Rights - Deprivation of liberty - Right to a fair trial - Effects of a judgment of the European Court of Human Rights)

2

97/C 212/04

JUDGMENT OF THE COURT (Fifth Chamber) of 29 May 1997 in Case C-300/95: Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations - Article 7 (e) of Directive 85/374/EEC - Incorrect implementation - Defence precluding liability for defective products - State of scientific and technical knowledge)

2

97/C 212/05

JUDGMENT OF THE COURT (Fifth Chamber) of 29 May 1997 in Case C-329/95: (reference to the Court for a preliminary ruling by the Länsrätten i Stockholms län): Administrative proceedings brought by VAG Sverige AB (Vehicle registration - National exhaust emission certificate - Compatibility with Directive 70/156/EEC)

3

97/C 212/06

JUDGMENT OF THE COURT (Sixth Chamber) of 29 May 1997 in Case C-386/95 (reference for a preliminary ruling from the Bundesverwaltungsgericht): Süleyman Eker v. Land Baden-Württemberg (EEC-Turkey Association Agreement - Decision of the Association Council - Free movement of workers - Renewal of residence permit after one year's legal employment - Employment with two employers in succession)

3

97/C 212/07

JUDGMENT OF THE COURT (Sixth Chamber) of 29 May 1997 in Case C-400/95 (reference for a preliminary ruling from the Sø- og Handelsret): Handels- og Kontorfunktionærernes Forbund i Danmark, acting on behalf of Helle Elisabeth Larsson v. Dansk Handel & Service, acting on behalf of Føtex Supermarked A/S (Equal treatment of men and women - Directive 76/207/EEC - Conditions governing dismissal - Absence due to an illness attributable to pregnancy or confinement - Absence during pregnancy and after confinement)

4

97/C 212/08

JUDGMENT OF THE COURT (Fifth Chamber) of 29 May 1997 in Case C-26/96 (reference for a preliminary ruling from the Finanzgericht Hamburg): Rotexchemie International Handels GmbH & Co. v. Hauptzollamt Hamburg- Waltershof (Dumping - Potassium permanganate - Reference country)

4

97/C 212/09

JUDGMENT OF THE COURT (Fifth Chamber) of 29 May 1997 in Case C-63/96 (reference for a preliminary ruling from the Bundesfinanzhof): Finanzamt Bergisch Gladbach v. Werner Skripalle, in the presence of the Bundesministerium der Finanzen (Tax provisions - Sixth VAT Directive - Taxable amount - Personal relationship between the supplier and the recipient of the supply)

5

97/C 212/10

JUDGMENT OF THE COURT (Second Chamber) of 29 May 1997 in Case C-93/96 (reference for a preliminary ruling from the Supremo Tribunal Administrativo): Indústria e Comércio Têxtil SA (ICT) v. Fazenda Pública (Anti-dumping duty - Council Regulation (EEC) No 738/92 - Free-at-frontier price - Increase in the event of deferred payment)

5

97/C 212/11

JUDGMENT OF THE COURT (Fifth Chamber) of 29 May 1997 in Joined Cases C-282/96 and C-283/96: Commission of the European Communities v. French Republic (Failure to fulfil obligations - Failure to transpose Directives 91/157/EEC and 93/86/EEC)

6

97/C 212/12

JUDGMENT OF THE COURT (Sixth Chamber) of 29 May 1997 in Case C-311/96: Commission of the European Communities v. French Republic (Failure of a Member State to fulfil its obligations - Directive 93/38/EEC - Failure to transpose within the prescribed period)

6

97/C 212/13

JUDGMENT OF THE COURT (Sixth Chamber) of 29 May 1997 in Case C-312/96: Commission of the European Communities v. French Republic (Failure of a Member State to fulfil its obligations - Directive 93/36/EEC - Failure to transpose within the prescribed period)

7

97/C 212/14

JUDGMENT OF THE COURT (Fifth Chamber) of 29 May 1997 in Joined Cases C-313/96, C-356/96 and C-358/96: Commission of the European Communities v. Kingdom of Belgium (Failure of a Member State to fulfil its obligations - Failure to implement Directives 91/410/EEC, 93/21/EEC and 93/90/EEC)

7

97/C 212/15

JUDGMENT OF THE COURT (Sixth Chamber) of 29 May 1997 in Case C-357/96: Commission of the European Communities v. Kingdom of Belgium (Failure by a Member State to fulfil its obligations - Directive 94/15/EC - Failure to transpose within the prescribed period)

8

97/C 212/16

Action brought on 22 April 1997 by the Commission of the European Communities against the Hellenic Republic (Case C-154/97)

8

97/C 212/17

Action brought on 23 April 1997 by the Commission of the European Communities against Van Balkom Non-Ferro Scheiding BV (Case C-156/97)

9

97/C 212/18

Reference for a preliminary ruling by the Corte Suprema di Cassazione by order of that court of 24 October 1996 in the case of Società Trasporti Castelletti Spedizioni Internazionali SpA against Hugo Trumpy SpA (Case C-159/97)

9

97/C 212/19

Appeal brought on 25 April 1997 by Kernkraftwerke Lippe-Ems GmbH against the judgment delivered on 25 February 1997 by the Court of First Instance of the European Communities (First Chamber, Extended Composition) in Joined Cases T-149/94 and T-181/94 between Kernkraftwerke Lippe-Ems GmbH and Commission of the European Communities (Case C-161/97 P)

10

97/C 212/20

Action brought on 30 April 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-163/97)

12

97/C 212/21

Action brought on 30 April 1997 by the European Parliament against the Council of the European Union (Case C-164/97)

12

97/C 212/22

Action brought on 30 April 1997 by the European Parliament against the Council of the European Union (Case C-165/97)

13

97/C 212/23

Action brought on 30 April 1997 by the Commission of the European Communities against the French Republic (Case C-166/97)

13

97/C 212/24

Reference for a preliminary ruling by the Tribunal du Travail de Bruxelles, by judgment of that court of 21 April 1997, in the case of Barry Bank and Others against the Théâtre Royal de la Monnaie (Case C-178/97)

14

97/C 212/25

Reference for a preliminary ruling by the Hoge Raad der Nederlanden of 7 May 1997, in the case of A. J. van der Kooy against the Staatssecretaris van Financiën (Case C-181/97)

15

97/C 212/26

Reference for a preliminary ruling by the Tribunale di Brescia, Terza Sezione Civile, by order of that court of 16 November 1996 in the case of Società Palazzo Piacentini Srl against Amministrazione Finanziaria dello Stato (Case C-182/97)

15

97/C 212/27

Action brought on 9 May 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-184/97)

15

97/C 212/28

Reference for a preliminary ruling by the Employment Appeal Tribunal, by order of that court of 20 November 1996, in the case of Mrs B. J. Coote against Granada Hospitality Ltd (Case C-185/97)

16

97/C 212/29

Action brought on 15 May 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-186/97)

16

97/C 212/30

Reference for a preliminary ruling by the Bundesgerichtshof by order of that court of 11 March 1997 in the case of Wingas GmbH (formerly Wintershall Gas GmbH) against Stadt Detmold (Case C-187/97)

17

97/C 212/31

Appeal brought on 15 May 1997 by L. B. Rasmussen against the judgment delivered on 18 March 1997 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-35/96 between L. B. Rasmussen and the Commission of the European Communities (Case C-188/97 P)

17

97/C 212/32

Action brought on 16 May 1997 by the European Parliament against the Council of the European Union (Case C-189/97)

18

97/C 212/33

Reference for a preliminary ruling from the Tribunal de Première Instance de Namur by judgment of that court of 14 May 1997 in the case of Christelle Deliège v. ASBL Ligue Francophone de Judo et Disciplines Associées, ASBL Ligue Belge de Judo and François Pacquée (Case C-191/97)

18

97/C 212/34

Action brought on 16 May 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-192/97)

19

97/C 212/35

References for a preliminary ruling made by the Tribunal Administratif du Grand-Duché de Luxembourg (First Chamber) by judgments of that court of 7 May 1997 in the cases of Manuel de Castro Freitas and Raymond Escallier against the Minister for Small Businesses and Tourism (Cases C-193/97 and C-194/97)

19

97/C 212/36

Action brought on 20 May 1997 by the Commission of the European Communities against the Italian Republic (Case C-195/97)

19

97/C 212/37

Appeal brought on 21 May 1997 by Intertronic F. Cornelis GmbH against the order made on 19 February 1997 by the Third Chamber of the Court of First Instance of the European Communities in Case T-117/96 between Intertronic F. Cornelis GmbH and the Commission of the European Communities (Case C-196/97 P)

20

97/C 212/38

Reference for a preliminary ruling by the Liverpool Industrial Tribunal, by order of that court of 28 April 1997, in the case of Donna Marie Davies against Girobank plc (Case C-197/97)

20

97/C 212/39

Action brought on 23 May 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-198/97)

21

97/C 212/40

Reference for a preliminary ruling by the Royal Court of Jersey by order of that court dated 28 April 1997, in the case of Emidio Marco Rios against His Excellency the Lieutenant Governor of Jersey (Case C-199/97)

22

97/C 212/41

Action brought on 26 May 1997 by the Commission of the European Communities against the Hellenic Republic (Case C-201/97)

22

97/C 212/42

Reference for a preliminary ruling by the Arrondissementsrechtbank Amsterdam by judgment of that court of 22 May 1997 in the case of Fitzwilliam Executive Search Limited, trading under the name of Fitzwilliam Technical Services (FTS) against Bestuur van het Landelijk Instituut Sociale Verzekeringen, successor in law of the Bestuur van de Nieuwe Algemene Bedrijfsvereniging (Case C-202/97)

22

97/C 212/43

Action brought on 27 May 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-203/97)

23

97/C 212/44

Action brought on 29 May 1997 by the Portuguese Republic against the Commission of the European Communities (Case C-204/97)

23

97/C 212/45

Action brought on 30 May 1997 by the Kingdom of Sweden against the Council of the European Union (Case C-206/97)

24

97/C 212/46

Removal from the register of C-40/95

25

COURT OF FIRST INSTANCE

97/C 212/47

Decisions adopted by the Court of First Instance at its plenary conference on 5 June 1997

25

97/C 212/48

JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber) of 15 May 1997 in Case T-273/94: N v. Commission of the European Communities (Officials - Duty to act in good faith - Official suspected of conduct inconsistent with the dignity of his office - Official's cooperation in good faith with the investigation - Lacking - Disciplinary proceedings - Removal from post)

25

97/C 212/49

JUDGMENT OF THE COURT OF FIRST INSTANCE of 28 May 1997 in Case T-59/96: Jean-Louis Burban v. European Parliament (Officials - Delay in drawing up staff reports - Action for damages - Admissibility - Maladministration - Loss)

26

97/C 212/50

JUDGMENT OF THE COURT OF FIRST INSTANCE of 29 May 1997 in Case T-6/96: Thémistocle Contargyris v. Council of the European Union (Officials - Rejection of application for a post - Article 19 (1) of the Council's rules of procedure - Article 45 of the Staff Regulations - Power of the Secretary-General of the Council to adopt decisions rejecting an application for a post and a complaint - Notice of vacancy - Manifest error of assessment - Articles 7 and 27 of the Staff Regulations - Obligation to provide a statement of reasons - Misuse of powers)

26

97/C 212/51

JUDGMENT OF THE COURT OF FIRST INSTANCE of 3 June 1997 in Case T-196/95: H v. Commission of the European Communities (Officials - Compulsory retirement - Establishment and tasks of the Invalidity Committee - Articles 53 and 59 (2) of the Staff Regulations - Notification of the decision)

26

97/C 212/52

ORDER OF THE COURT OF FIRST INSTANCE of 12 May 1997 in Case T-561/93 (92): Tiercé Ladbroke SA v. Commission of the European Communities (Taxation of costs)

27

97/C 212/53

ORDER OF THE COURT OF FIRST INSTANCE of 15 May 1997 in Case T-175/96: Georges Berthu v. Commission of the European Communities (Economic and monetary policy - Commission proposal - Action for annulment - Replacement of the term 'ecu' provided for in Article 109g of the EC Treaty by the term 'euro' - Manifest inadmissibility)

27

97/C 212/54

Action brought on 28 March 1997 by Starway SA against the Council of the European Union (Case T-80/97)

27

97/C 212/55

Action brought on 16 April 1997 by Eliane De Bruyne against the European Commission (Case T-115/97)

28

97/C 212/56

Action brought on 16 April 1997 by Eugène Kimman against the European Commission (Case T-116/97)

28

97/C 212/57

Action brought on 22 April 1997 by Lars Bösche against the European Parliament (Case T-128/97)

28

97/C 212/58

Action brought on 23 April 1997 by Carmen Gómez de Enterria against the European Parliament (Case T-131/97)

29

97/C 212/59

Action brought on 29 April 1997 by Bernard Yasse against the European Investment Bank (Case T-141/97)

30

97/C 212/60

Action brought on 7 May 1997 by Natural Van Dam AG and Danser Container Line BV against the Commission of the European Communities (Case T-155/97)

30

97/C 212/61

Action brought on 21 May 1997 by Luis Manuel Chaves Fonseca Ferrão against the Office for the Harmonization of the Internal Market (Case T-159/97)

31

97/C 212/62

Action brought on 26 May 1997 by the Netherlands Antilles against the Commission of the European Communities and the Council of the European Union (Case T-163/97)

31

97/C 212/63

Action brought on 26 May 1997 by Silvio Busacca and others against the Court of Auditors of the European Communities (Case T-164/97)

32

97/C 212/64

Removal from the register of T-99/96

33

EN