Official Journal
of the European Communities

ISSN 0378-6986

C 331
Volume 40
1 November 1997

English edition

Information and Notices

Notice No

Contents

Page

I Information

Court of Justice

COURT OF JUSTICE

97/C 331/01

Taking of the oath by new Members of the Court

1

97/C 331/02

Election of the President of the Court

1

97/C 331/03

Decisions adopted by the Court at its meeting of 7 October 1997

1

97/C 331/04

Taking of the oath by a new Member of the Court of First Instance of the European Communities

2

97/C 331/05

JUDGMENT OF THE COURT (First Chamber) of 16 September 1997 in Case C-362/95 P: Blackspur DIY Ltd, a company incorporated under the law of England and Wales, Steven Kellar, J. M. A. Glancy and Ronald Cohen v. Council of the European Union and Commission of the European Communities (Appeal - Non-contractual liability of the Community - Causal link - Anti-dumping duties - Commission Regulation (EEC) No 3052/88 and Council Regulation (EEC) No 725/89)

3

97/C 331/06

JUDGMENT OF THE COURT (Sixth Chamber) of 16 September 1997 in Case C-139/96: Commission of the European Communities v. Federal Republic of Germany (Failure of a State to fulfil obligations - Directives 93/48/EEC, 93/49/EEC and 93/61/EEC - Failure to transpose within the period prescribed)

3

97/C 331/07

JUDGMENT OF THE COURT (Sixth Chamber) of 16 September 1997 in Case C-145/96 (reference for a preliminary ruling from the Finanzgericht Rheinland-Pfalz, Neustadt an der Weinstrasse): Bernd von Hoffmann v. Finanzamt Trier (Sixth VAT Directive - Interpretation of Article 9 (2) (e), third indent - Services of an arbitrator - Place where services are supplied)

4

97/C 331/08

JUDGMENT OF THE COURT (Fifth Chamber) of 17 September 1997 in Case C-322/95 (reference for a preliminary ruling from the Pretura Circondariale di Roma): Emanuele Iurlaro v. Istituto Nazionale della Previdenza Sociale (INPS) (Regulations (EEC) Nos 1408/71 and 574/72 - Invalidity benefits - Acquisition of entitlement to benefit - Reference period - Taking into account of periods of unemployment in another Member State)

4

97/C 331/09

JUDGMENT OF THE COURT (Fifth Chamber) of 17 September 1997 in Case C-347/95 (reference for a preliminary ruling from the Supremo Tribunal Administrativo): Fazenda Pública v. União das Cooperativas Abastecedoras de Leite de Lisboa, UCRL (UCAL) (National charge on the marketing of dairy products - Charge having equivalent effect - Internal taxation - Turnover tax)

5

97/C 331/10

JUDGMENT OF THE COURT (Fifth Chamber) of 17 September 1997 in Case C-28/96 (reference for a preliminary ruling from the Supremo Tribunal Administrativo): Fazenda Pública v. Fricarnes SA (National charges on the marketing of meat - Charge having equivalent effects - Internal taxation - Turnover tax)

6

97/C 331/11

JUDGMENT OF THE COURT of 17 September 1997 in Case C-54/96 (reference for a preliminary ruling from the Vergabeüberwachungsausschuß des Bundes): Dorsch Consult Ingenieurgesellschaft mbH v. Bundesbaugesellschaft Berlin mbH (Meaning of 'national court or tribunal' for the purposes of Article 177 of the Treaty - Procedures for the award of public service contracts - Directive 92/50/EEC - National review body)

7

97/C 331/12

JUDGMENT OF THE COURT (First Chamber) of 17 September 1997 in Case C-83/96, (reference for a preliminary ruling from the Corte Suprema di Cassazione): Provincia Autonoma di Trento and Ufficio del Medico Provindiale di Trento v. Dega di Depretto Gino Snc (Consumer protection - Labelling of foodstuffs - Council Directive 79/112/EEC)

7

97/C 331/13

JUDGMENT OF THE COURT (Fifth Chamber) of 17 September 1997 in Case C-117/96 (reference for a preliminary ruling from the Østre Landsret): Danmarks Aktive Handelsrejsende, acting on behalf of Carina Mosbæk v. Lønmodtagernes Garantifond (Social policy - Protection of employees in the event of the employer's insolvency - Directive 80/987/EEC - Employee residing and employed in a State other than that in which the employer is established - Guarantee institution)

8

97/C 331/14

JUDGMENT OF THE COURT of 17 September 1997 in Case C-141/96 (reference for a preliminary ruling from the Bundesfinanzhof): Finanzamt Osnabrück-Land v. Bernhard Langhorst (Value added tax - Interpretation of Articles 21 (1) (c) and 22 (3) (c) of the Sixth Directive 77/388/EEC - Document serving as an invoice - Credit note issued by the buyer and not contested by the seller as regards the amount of tax shown)

8

97/C 331/15

JUDGMENT OF THE COURT (Fourth Chamber) of 25 September 1997 in Case C-237/96 (reference for a preliminary ruling from the Cour d'Appel, Mons): criminal proceedings against Eddy Amelynck and Others (Free movement of goods - Community transit - Proof of the Community status of goods)

9

97/C 331/16

ORDER OF THE COURT (First Chamber) of 16 September 1997 in Case C-59/96 P: Casper Koelman v. Commission of the European Communities, supported by Buma, an association governed by Dutch law, and the French Republic (Appeal - Regulation No 17 - Rejection of a complaint - Statement of reasons)

9

97/C 331/17

Reference for a preliminary ruling by the Oberlandesgericht Wien by order of that court of 5 May 1997 in the case of Angestelltenbetriebsrat der Wiener Gebietskrankenkasse against Wiener Gebietskrankenkasse (Case C-309/97)

10

97/C 331/18

Reference for a preliminary ruling from the Diikitiko Protodikio Piraeus (8th Chamber), by a decision of 30 June 1997, in the case of Royal Bank of Scotland PLC v. Greek State (Case C-311/97)

11

97/C 331/19

Appeal brought on 8 September 1997 by Augusto Fichtner, an official of the Commission of the European Communities, residing at Besozzo, Varese (Italy), against the order made on 9 July 1997 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-63/96 between Augusto Fichtner and the Commission of the European Communities (Case C-312/97 P)

11

97/C 331/20

Action brought on 10 September 1997 by the Commission of the European Communities against the Italian Republic (Case C-313/97)

11

97/C 331/21

Reference for a preliminary ruling from the Oberlandesgericht Wien by order of that court of 1 September 1997 in the case of Verein zur Förderung des freien Wettbewerbs im Medienwesen v. Heinrich Bauer Spezialzeitschriften Verlag KG (Case C-314/97)

12

97/C 331/22

Appeal brought on 12 September 1997 against the judgment delivered on 9 July 1997 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-156/95 between Diego Echauz Brigaldi, José Luis Buendía Sierra, César Montoliu García, María Jesús Ruiz Monroy, Carmen Ochoa de Michelena, Victoria Pagadigorria Wicke, Miguel Abellán López, Inmaculada Gil Tardón, Antonio García Velázquez, María Carmen Labrador Rubio, Carmen Casado Salinas, Diego González Marín, Eva María Rasines Martín, Julio Vizcarra Soriano and Leopoldo Fabra Utray and Commission of the European Communities (Case C-315/97 P)

12

97/C 331/23

Appeal brought on 12 September 1997 by the European Parliament against the judgment delivered on 10 July 1997 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-36/96 between Giuliana Gaspari and the European Parliament (Case C-316/97 P)

13

97/C 331/24

Action brought on 16 September 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-320/97)

13

97/C 331/25

Reference for a preliminary ruling by the Stockholms Tingsrätt by order of that court of 15 September 1997 in the case of Ulla-Brith Andersson and Susanne Wåkerås-Andersson v. the Swedish State (Case C-321/97)

13

97/C 331/26

Action brought on 17 September 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-322/97)

14

97/C 331/27

Action brought on 17 September 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-323/97)

14

97/C 331/28

Action brought on 17 September 1997 by the Commission of the European Communities against the Italian Republic (Case C-324/97)

15

97/C 331/29

Action brought on 17 September 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-325/97)

15

97/C 331/30

Action brought on 17 September 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-326/97)

15

97/C 331/31

Action brought on 23 September 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-331/97)

16

97/C 331/32

Action brought on 24 September 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-332/97)

16

97/C 331/33

Action brought on 30 September 1997 by the Commission of the European Communities against the Grand Duchy of Luxembourg (Case C-339/97)

17

97/C 331/34

Removal from the register of C-145/95

17

97/C 331/35

Removal from the register of C-146/95

17

97/C 331/36

Removal from the register of C-317/95

17

COURT OF FIRST INSTANCE

97/C 331/37

JUDGMENT OF THE COURT OF FIRST INSTANCE of 16 September 1997 in Case T-220/95: Christophe Gimenez v. Committee of the Regions of the European Union (Officials - Economic and Social Committee - Committee of the Regions - Common organizational structure - Internal competition - Decision by the selection board not to admit a candidate to an internal competition - Action for annulment)

18

97/C 331/38

JUDGMENT OF THE COURT OF FIRST INSTANCE of 23 September 1997 in Case T-172/96: Yannick Chevalier-Delanoue v. Council of the European Union (Officials - Annual leave - Travelling time - Place of origin outside Europe - Equality of treatment)

18

97/C 331/39

JUDGMENT OF THE COURT OF FIRST INSTANCE of 25 September 1997 in Case T-150/95: UK Steel Association v. Commission of the European Communities (Action for annulment - State aid - ECSC Treaty - Fifth Steel Aid Code - New plant - Community guidelines on aid for environmental protection)

18

97/C 331/40

ORDER OF THE COURT OF FIRST INSTANCE of 9 July 1997 in Case T-63/96: Augusto Fichtner v. Commission of the European Communities (Officials - Staff reports - Complaint - Implicit rejection - Manifest inadmissibility of the application)

19

97/C 331/41

Action brought on 24 July 1997 by H & R Ecroyd Holdings Ltd. against the Commission of the European Communities (Case T-220/97)

19

97/C 331/42

Action brought on 29 July 1997 by John Mellet against the Court of Justice of the European Communities (Case T-221/97)

20

97/C 331/43

Action brought on 1 August 1997 by Christian Marion against the Economic and Social Committee (Case T-227/97)

21

97/C 331/44

Action brought on 18 August 1997 by 'E' against the European Parliament (Case T-239/97)

21

97/C 331/45

Action brought on 19 August 1997 by Luc Verheyden against the Commission of the European Communities (Case T-240/97)

22

97/C 331/46

Action brought on 22 August 1997 by Benedetto D'Agostino against the European Parliament (Case T-242/97)

23

97/C 331/47

Action brought on 26 August 1997 by Catherine Metdepenningen and others against the Commission of the European Communities (Case T-243/97)

23

97/C 331/48

Action brought on 2 September 1997 by Chantal Mertens against the Commission of the European Communities (Case T-244/97)

24

97/C 331/49

Action brought on 29 August 1997 by Sonja Vermeylen against the Commission of the European Communities (Case T-246/97)

24

97/C 331/50

Action brought on 8 September 1997 by Giovanna Lonuzzo-Murgante against the European Parliament (Case T-247/97)

25

97/C 331/51

Removal from the register of T-209/96

25

97/C 331/52

Removal from the register of T-145/96

25

EN