Official Journal
of the European Communities

ISSN 0378-6986

C 295
Volume 40
27 September 1997

English edition

Information and Notices

Notice No

Contents

Page

I Information

Court of Justice

COURT OF JUSTICE

97/C 295/01

JUDGMENT OF THE COURT (Fifth Chamber) of 10 July 1997 in Joined Cases C-94/95 and C-95/95 (references for a preliminary ruling from the Pretura Circondariale, Bassano del Grappa): Danila Bonifaci and Others, Wanda Berto and Others v. Istituto Nazionale della Previdenza Sociale (INPS) (Social policy - Protection of employees in the event of the insolvency of their employer - Directive 80/987/EEC - Liability of the guarantee institutions limited - Liability of a Member State arising from belated transposition of a directive - Adequate reparation)

1

97/C 295/02

JUDGMENT OF THE COURT (Fifth Chamber) of 10 July 1997 in Case C-373/95 (reference for a preliminary ruling from the Pretura Circondariale, Venice): Federica Maso and Others, Graziano Gazzetta and Others v. Istituto Nazionale della Previdenza Sociale (INPS), Italian Republic (Social policy - Protection of employees in the event of the insolvency of their employer - Directive 80/987/EEC - Liability of the guarantee institutions limited - Liability of a Member State arising from belated transposition of a directive - Adequate reparation)

2

97/C 295/03

JUDGMENT OF THE COURT (Sixth Chamber) of 17 July 1997 in Case C-90/94 (reference for a preliminary ruling from the Østre Landsret): Haahr Petroleum Ltd v. Åbenrå Havn, Ålborg Havn, Horsens Havn, Kastrup Havn NKE A/S, Næstved Havn, Odense Havn, Struer Havn, Vejle Havn, also represented: Trafikministeriet (Maritime transport - Goods duty - Import surcharge)

2

97/C 295/04

JUDGMENT OF THE COURT (Fifth Chamber) of 17 July 1997 in Case C-97/95 (reference for a preliminary ruling from the Tribunal Tributário de Segunda Instância): Pascoal & Filhos Lda v. Fazenda Pública (Customs duties - Methods of administrative cooperation - Procedures for verifying EUR.1 certificates - Post-clearance recovery of customs duties - Person responsible for the customs debt)

3

97/C 295/05

JUDGMENT OF THE COURT (Sixth Chamber) of 17 July 1997 in Joined Cases C-114/95 and C-115/95 (reference for a preliminary ruling from the Østre Landsret): Texaco A/S v. Middelfart Havn and Others and Olieselskabet Danmark amba v. Trafikministeriet and Others (Maritime transport - Goods duty - Import surcharge)

4

97/C 295/06

JUDGMENT OF THE COURT of 17 July 1997 in Case C-183/95 (reference for a preliminary ruling from the President of the College van Beroep voor het Bedrijfsleven): Affish BV v. Rijksdienst voor de Keuring van Vee en Vlees (Veterinary inspection - Protective measure - Principle of proportionality - Principle of the protection of legitimate expectations - Validity of Commission Decision 95/119/EC)

4

97/C 295/07

JUDGMENT OF THE COURT (Sixth Chamber) of 17 July 1997 in Case C-219/95 P: Ferriere Nord SpA v. Commission of the European Communities (Competition - Infringement of Article 85 of the EEC Treaty)

5

97/C 295/08

JUDGMENT OF THE COURT (Sixth Chamber) of 17 July 1997 in Case C-242/95 (reference for a preliminary ruling from the Østre Landsret): GT-Link A/S v. De Danske Statsbaner (DSB) (Transport by sea - Harbour duties on shipping and goods - Import surcharge - Abuse of a dominant position)

5

97/C 295/09

JUDGMENT OF THE COURT (Fifth Chamber) of 17 July 1997 in Joined Cases C-248/95 and C-249/95 (references for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen): SAM Schiffahrt GmbH, Heinz Stapf v. Federal Republic of Germany (Inland waterway transport - Structural improvements - Contributions to Scrapping Fund - Validity of Community legislation)

6

97/C 295/10

JUDGMENT OF THE COURT (Sixth Chamber) of 17 July 1997 in Case C-354/95 (reference for a preliminary ruling from the High Court of Justice, Queen's Bench Division): The Queen v. Minister for Agriculture, Fisheries and Food, ex parte: National Farmers' Union and Others (Common agricultural policy - Regulation (EEC) No 3887/92 - Integrated administration and control system for certain Community aid schemes - Implementing rules - Interpretation and validity of penalties)

6

97/C 295/11

JUDGMENT OF THE COURT (First Chamber) of 17 July 1997 in Case C-17/96 (reference for a preliminary ruling from the Bundesverwaltungsgericht): Badische Erfrischungs-Getränke GmbH & Co. KG v. Land Baden-Württemberg (Natural mineral water - Definition - Water favourable to health)

7

97/C 295/12

JUDGMENT OF THE COURT (Sixth Chamber) of 17 July 1997 in Case C-52/96: Commission of the European Communities v. Kingdom of Spain (Failure of a Member State to fulfil its obligations - Article 5 of the EC Treaty and Article 11 (2) of Annex VIII to the Staff Regulations of Officials of the European Communities - Failure to take the measures necessary to enable pension entitlements of officials to be transferred to the Community scheme)

8

97/C 295/13

JUDGMENT OF THE COURT (First Chamber) of 17 July 1997 in Case C-142/96 (reference for a preliminary ruling from the Bundesfinanzhof): Hauptzollamt München v. Wacker Werke GmbH & Co. KG (Outward processing relief - Total or partial relief from import duties - Determination of value of compensating products and temporary export goods - Reasonable means of determining value)

8

97/C 295/14

ORDER OF THE COURT (Third Chamber) of 14 July 1997 in Case C-388/96: Glasoltherm Sàrl v. Commission of the European Communities, Électricité de France and HLM 'Colomiers Habitat' SA (Formal inadmissibility of the application)

9

97/C 295/15

Action brought on 7 July 1997 by the Federal Republic of Germany against the Commission of the European Communities (Case C-245/97)

9

97/C 295/16

Action brought on 10 July 1997 by the French Republic against the Commission of the European Communities (Case C-251/97)

10

97/C 295/17

Appeal brought on 11 July 1997 by D. Coussios against the judgment delivered on 15 May 1997 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-273/94 between D. Coussios and the Commission of the European Communities (Case C-252/97 P)

10

97/C 295/18

Action brought on 10 July 1997 by Italian Republic against Commission of the European Communities (Case C-253/97)

11

97/C 295/19

Reference for a preliminary ruling from the Finanzgericht Düsseldorf, by order of that court of 2 July 1997, in the case of Uwe Clees against Hauptzollamt Wuppertal (Case C-259/97)

13

97/C 295/20

Reference for a preliminary ruling by the Bundesgerichtshof by order of that court of 26 June 1997 in the case of Unibank A/S v. Fleming G. Christensen (Case C-260/97)

13

97/C 295/21

Reference for a preliminary ruling by the Arbeidshof, Antwerp by judgment of that court of 11 July 1997 in the case of Rijksdienst voor Pensioenen against Robert Engelbrecht (Case C-262/97)

13

97/C 295/22

Reference for a preliminary ruling by the Divisional Court, Queen's Bench Division, by order of that court of 26 March 1997, in the case of The Queen against Intervention Board for Agricultural Produce, ex parte: First City Trading Ltd and another (Case C-263/97)

14

97/C 295/23

Appeal brought on 19 July 1997 by the cooperative society 'Verenigde Bloemenveilingen Aalsmeer' (VBA) BA against the judgment delivered on 14 May 1997 by the Court of First Instance of the European Communities in Joined Cases T-70/92 and T-71/92 between, on the one hand, Florimex BV and Vereniging van Groothandelaren in Bloemkwekerijprodukten and, on the other hand, the Commission of the European Communities, supported by the cooperative society 'Verenigde Bloemenveilingen Aalsmeer' (VBA) BA (Case C-265/97 P)

15

97/C 295/24

Action brought on 22 July 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-268/97)

16

97/C 295/25

Action brought on 22 July 1997 by the Commission of the European Communities against the Council of the European Union (Case C-269/97)

17

97/C 295/26

Reference for a preliminary ruling by the Industrial Tribunal, Bury St Edmunds, by request of that court of 25 July 1997, in the case of Mrs A. M. Sirdar against (1) The Army Board, (2) Secretary of State for Defence (Case C-273/97)

17

97/C 295/27

Reference for a preliminary ruling by the Finanzgericht Köln by order of that court of 16 July 1997 in the case of DE + ES Bauunternehmung GmbH against Finanzamt Bergheim (Case C-275/97)

18

97/C 295/28

Action brought on 30 July 1997 by the Commission of the European Communities against the French Republic (Case C-276/97)

18

97/C 295/29

Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 10 June 1997 in the case of Wrangler Germany GmbH v. Metro Selbstbedienungs-Großhandel GmbH (Case C-278/97)

19

97/C 295/30

Reference for a preliminary ruling from the Finanzgericht Düsseldorf by order of that court of 22 July 1997 in the case of Rose Elektrotechnik GmbH & Co KG v. Oberfinanzdirektion Köln (Case C-280/97)

20

97/C 295/31

Reference for a preliminary ruling from the Arbeitsgericht München by order of that court of 3 July 1997 in the case of Andrea Krüger v. Kreiskrankenhaus Ebersberg (Case C-281/97)

20

97/C 295/32

Action brought on 1 August 1997 by the Commission of the European Communities against the French Republic (Case C-282/97)

20

97/C 295/33

Action brought on 1 August 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-283/97)

21

97/C 295/34

Action brought on 1 August 1997 by the Commission of the European Communities against the Portuguese Republic (Case C-285/97)

21

97/C 295/35

Action brought on 1 August 1997 by the Commission of the European Communities against the Portuguese Republic (Case C-286/97)

21

97/C 295/36

Reference for a preliminary ruling by the Pretura Circondariale di Bassano del Grappa by order of that court of 17 July 1997 in the case of Claudio Matteazzi against Caseificio Sociale San Rocco scarl (Case C-287/97)

22

97/C 295/37

Reference for a preliminary ruling by the Pretura Circondariale di Bassano del Grappa by order of that court of 17 July 1997 in the case of Consorzio fra i Caseifici dell'Altopiano di Asiago against Regione Veneto (Case C-288/97)

22

97/C 295/38

Reference for a preliminary ruling by the Ufficio del Giudice di Pace di Genova by order of that court of 16 July 1997 in the case of Eridania SpA against Azienda Agricola San Luca di Rumagnoli Viannj (Case C-289/97)

23

97/C 295/39

Reference for a preliminary ruling from the Bundesfinanzhof by order of that court of 26 June 1997 in the case of Georg Bruner, trading as Georg Bruner v. Hauptzollamt Hamburg-Jonas (Case C-290/97)

23

97/C 295/40

Appeal brought on 5 August by Maria Grazia Colombo Lunghi against the judgment delivered on 3 June 1997 by the Third Chamber of the Court of First Instance of the European Communities in Case T-196/95 between Maria Grazia Colombo Lunghi and the Commission of the European Communities (Case C-291/97 P)

23

97/C 295/41

Reference for a preliminary ruling from the Regeringsrätt by order of that court of 23 July 1997 in the case brought by Kjell Karlsson and Others against Jordbruksverket (Case C-292/97)

24

97/C 295/42

Reference for a preliminary ruling by the Divisional Court, Queen's Bench Division, by order of that court of 17 June 1997, in the case of The Queen against (1) Secretary of State for the Environment (2) Minister of Agriculture, Fisheries & Food, ex parte: (1) H. A. Standley and Others (2) D. G. D. Metson and Others, Intervener: National Farmers' Union (Case C-293/97)

24

97/C 295/43

Reference for a preliminary ruling from the Finanzgericht Münster by order of that court of 28 July 1997 in the case of Eurowings Luftverkehrs AG v. Finanzamt Dortmund-Unna (Case C-294/97)

25

97/C 295/44

Reference for a preliminary ruling by the Tribunale di Genova by order of 29 July 1997 in the case of Industrie Aeronautiche e Meccaniche Rinaldo Piaggio v. (1) International Factors Italia SpA - IFITALIA; (2) Dornier Luftfahrt GmbH (Wessling - Germany); and (3) Ministero della Difesa (Case C-295/97)

25

97/C 295/45

Removal from the register of C-407/95

25

97/C 295/46

Removal from the register of C-58/96

25

97/C 295/47

Removal from the register of C-217/96

26

97/C 295/48

Removal from the register of C-396/95

26

97/C 295/49

Removal from the register of C-184/95

26

97/C 295/50

Removal from the register of C-330/96

26

97/C 295/51

Removal from the register of C-331/96

26

97/C 295/52

Removal from the register of C-281/94

26

97/C 295/53

Removal from the register of C-97/97

26

97/C 295/54

Removal from the register of C-328/95

27

97/C 295/55

Removal from the register of C-64/97

27

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