Official Journal
of the European Communities

ISSN 0378-6986

C 133
Volume 39
4 May 1996

English edition

Information and Notices

Notice No

Contents

Page

I Information

Court of Justice

COURT OF JUSTICE

96/C 133/01

JUDGMENT OF THE COURT (Sixth Chamber) of 1 February 1996 in Case C-308/94 (reference for a preliminary ruling from the Cour du Travail, Liège): Office National de l'Emploi v. Heidemarie Naruschawicus (Social security for migrant workers - Council Regulation (EEC) No 1408/71 - Worker residing in a Member State other than the competent Member State - Unemployment benefit)

1

96/C 133/02

JUDGMENT OF THE COURT of 6 February 1996 in Case C-457/93 (reference for a preliminary ruling from the Bundesarbeitsgericht): Kuratorium für Dialyse und Nierentransplantation e. V. v. Johanna Lewark (Indirect discrimination against women workers - Compensation for attendance at training courses providing staff council members with the necessary knowledge for performing their functions)

2

96/C 133/03

JUDGMENT OF THE COURT of 13 February 1996 in Case C-143/93 (reference for a preliminary ruling from the Tariefcommissie, Amsterdam): Gebroeders van Es Douane Agenten BV v. Inspecteuer der Invoerrechten en Accijnzen (Effect of the repeal of a Council Regulation on a Commission Regulation concerning customs classification adopted on the basis of the former Regulation - Commission's discretionary powers when drawing up a classification Regulation)

2

96/C 133/04

JUDGMENT OF THE COURT of 13 February 1996 in Case C-342/93 (reference for a preliminary ruling from the Court of Appeal in Northern Ireland): Joan Gillespie and Others v. Northern Health and Social Services Board and Others (Equal treatment for men and women - Maternity pay)

3

96/C 133/05

JUDGMENT OF THE COURT of 13 February 1996 in Joined Cases C-197/94 and C-252/94 (references for a preliminary ruling from the Tribunal de Grande Instance, Dax, and the Tribunal de Grande Instance, Quimper): Société Bautiaa v. Directeur des Services Fiscaux des Landes and Société Française Maritime v. Directeur des Services Fiscaux du Finistère (Article 7 (1) of Directive 69/335/EEC - Indirect taxes on the raising of capital - Capital duty - Mergers between companies - Exemption)

3

96/C 133/06

JUDGMENT OF THE COURT (Sixth Chamber) of 15 February 1996 in Case C-63/93 (reference for a preliminary ruling from the Supreme Court of Ireland): Fintan Duff and Others v. Minister for Agriculture and Food, and the Attorney General (Additional levy on milk - Special reference quantities on account of a development plan - Obligation or discretionary power)

4

96/C 133/07

JUDGMENT OF THE COURT (Sixth Chamber) of 15 February 1996 in Case C-209/94 P: Buralux SA, Satrod SA and Ourry SA v. Council of the European Union (Appeal - Transfer of waste)

4

96/C 133/08

JUDGMENT OF THE COURT (Second Chamber) of 15 February 1996 in Case C-226/94 (reference for a preliminary ruling from the Tribunal de Commerce, Albi): Grand Garage Albigeois SA and Others v. Garage Massol Sàrl (Competition - Vehicle distribution - Regulation (EEC) No 123/85 - Applicability as against third parties - Independent reseller)

5

96/C 133/09

JUDGMENT OF THE COURT (Second Chamber) of 15 February 1996 in Case C-309/94 (reference for a preliminary ruling from the Tribunal de Commerce, Lyon): Nissan France and Others v. Jean-Luc Dupasquier du Garage Sport Auto and Others (Competition - Vehicle distribution - Regulation (EEC) No 123/85 - Applicability as against third parties - Parallel importer - Simultaneous conduct of business as both authorized intermediary and independent reseller)

5

96/C 133/10

JUDGMENT OF THE COURT (Third Chamber) of 15 February 1996 in Case C-53/95 (reference for a preliminary ruling by the Tribunal du Travail, Tournai): Inasti v. Hans Kemmler (Freedom of establishment - Social security for self-employed persons working in two Member States)

6

96/C 133/11

JUDGMENT OF THE COURT (Fifth Chamber) of 29 February 1996 in Case C-56/93: Kingdom of Belgium v. Commission of the European Communities (State aid - Preferential tariff system for supplies of natural gas to Dutch nitrate fertilizer producers)

6

96/C 133/12

JUDGMENT OF THE COURT (Fifth Chamber) of 29 February 1996 in Joined Cases C-296/93 and C-307/93: French Republic v. Commission of the European Communities and Ireland v. Commission of the European Communities (Common organization of the market in beef and veal - Conditions for intervention)

6

96/C 133/13

JUDGMENT OF THE COURT (Fifth Chamber) of 29 February 1996 in Case C-110/94 (reference for a preliminary ruling from the Rechtbank van Eerste Aanleg, Bruges): Intercommunale voor Zeewaterontzilting (INZO) v. Belgian State (VAT - Concept of economic activity - Status of taxable person - Activity confined to a profitability study for a project, followed by the abandonment of the project)

7

96/C 133/14

JUDGMENT OF THE COURT of 29 February 1996 in Case C-122/94: Commission of the European Community v. Council of the European Union (Common agricultural policy - State aid)

7

96/C 133/15

JUDGMENT OF THE COURT of 29 February 1996 in Case C-193/94 (reference for a preliminary ruling made by the Amtsgericht Tiergarten): Criminal proceedings against Sofia Skanavi and Konstantin Chryssanthakopoulos (Freedom of movement for persons - Driving licences - Obligation to exchange them - Penalties)

8

96/C 133/16

JUDGMENT OF THE COURT (Fifth Chamber) of 29 February 1996 in Case C-215/94 (Reference for a preliminary ruling from the Bundesfinanzhof): Jürgen Mohr v. Finanzamt Bad Segeberg (VAT - Definition of suppply of services - Definitive discontinuation of milk production - Compensation received under Regulation (EEC) No 1336/86)

8

96/C 133/17

JUDGMENT OF THE COURT (Sixth Chamber) of 29 February 1996 in Case C-239/94: Commission of the European Communities v. Ireland (Failure to fulfil obligations - Directive 91/263/EEC - Failure to transpose)

9

96/C 133/18

JUDGMENT OF THE COURT (First Chamber) of 29 February 1996 in Case C-300/94 (reference for a preliminary ruling from the Tribunal Superior de Justicia, Andalusia): Tirma SA v. Administración General del Estado (Protocol No 2 to the Act of Accession of Spain and Portugal - Canary Islands - Customs territory of the Community - Processed agricultural products - Exemption from customs duties - Article 5 of Regulation (EEC) No 3033/80 - Variable component)

9

96/C 133/19

JUDGMENT OF THE COURT (Fifth Chamber) of 29 February 1996 in Case C-307/94: Commission of the European Communities v. Italian Republic (Failure of a Member State to fulfil its obligations - Directive 85/432/EEC)

10

96/C 133/20

JUDGMENT OF THE COURT (Sixth Chamber) of 7 March 1996 in Case C-278/93: (reference for a preliminary ruling from the Arbeitsgericht Bremen): Edith Freers and Hannelore Speckmann v. Deutsche Bundespost (Indirect discrimination against women workers - Compensation for attendance at training courses providing members of staff committees with the knowledge necessary for performing their functions)

10

96/C 133/21

JUDGMENT OF THE COURT (Sixth Chamber) of 7 March 1996 in Case C-360/93: European Parliament v. Council of the European Union (Common commercial policy - Services - Government procurement)

11

96/C 133/22

Reference for a preliminary ruling by the Commissione Tributaria di Primo Grado di Reggio Emilia by order of that court of 15 June 1995 in the case of Max Mara Fashion Group SRL against Ufficio del Registro di Reggio Emilia (Case C-307/95)

11

96/C 133/23

Action brought on 24 January 1996 by the Commission of the European Communities against the Kingdom of Spain (Case C-21/96)

11

96/C 133/24

Reference for a preliminary ruling from the Landesarbeitsgericht Hamburg by order of that court of 20 December 1995 in the case of Lilli Schröder v. Deutsche Bundespost Telekom (Case C-50/96)

12

96/C 133/25

Reference for a preliminary ruling from the Tribunal de Première Instance de Namur by interim order of the President of that court of 16 February 1996 in the case of Christelle Deliège v. Asbl Ligue Francophone de Judo et Disciplines Associées and Asbl Ligue Belge de Judo (Case C-51/96)

12

96/C 133/26

Reference for a preliminary ruling from the Corte di Appello, Milan, First Civil Division, by order of 30 January 1996 in the non-contentious proceedings brought before it by Job Centre Coop. arl. (Case C-55/96)

13

96/C 133/27

Reference for a preliminary ruling by the Belgian Raad van State, by judgment of that court of 14 February 1996 in the case of VT4 Limited v. Vlaamse Gemeenschap, represented by the Flemish Government, Intercommunale Maatschappij voor Gas en Eletriciteit van het Westen and Others intervening (Case C-56/96)

13

96/C 133/28

Reference for a preliminary ruling by the Netherlands Raad van State, by judgment of that court of 22 February 1996 in the case of H. Meints v. Minister van Landbouw, Natuurbeheer en Visserij (Case C-57/96)

13

96/C 133/29

Appeal brought on 4 March 1996 by C. Koelman against the judgment delivered on 9 January 1996 by the Court of First Instance of the European Communities in Case T-575/93 between C. Koelman and Commission of the European Communities (Case C-59/96 P)

14

96/C 133/30

Action brought on 5 March 1996 by the Commission of the European Communities against the French Republic (Case C-60/96)

14

96/C 133/31

Action brought on 6 March 1996 by the Kingdom of Spain against the Council of the European Union (Case C-61/96)

15

96/C 133/32

Reference for a preliminary ruling from the Bundesfinanzhof by order of that court of 13 December 1995 in the case of Finanzamt Bergisch Gladbach v. Werner Skripalle (Case C-63/96)

15

96/C 133/33

Reference for a preliminary ruling from the Landesarbeitsgericht Hamm by order of that court of 26 January 1996 in the case of Land Nordrhein-Westfalen v. Kari Uecker (Case C-64/96)

16

96/C 133/34

Reference for a preliminary ruling from the Landesarbeitsgericht Hamm by order of that court of 1 March 1996 in the case of Vera Jacquet v. Land Nordrhein-Westfalen (Case C-65/96)

16

96/C 133/35

Reference for a preliminary ruling by the Sø- og Handelsret by order of that court of 20 February 1996 in the cases of Handels- og Kontorfunktionærernes Forbund i Danmark (HK), acting on behalf of Berit Høj Pedersen, v. the Fællesforening for Danmarks Brugsforeninger (FDB), acting on behalf of Kvickly Skive; HK, acting on behalf of Bettina Andresen, v. Dansk Tandlægeforening, acting on behalf of Jørgen Bagner, a dental practitioner; HK, acting on behalf of Tina Pedersen, v. Dansk Tandlægeforening, acting on behalf of Jørgen Rasmussen, a dental practitioner; and Kristelig Funktionær-Organisation, acting on behalf of Pia Sørensen v. Dansk Handel & Service, acting on behalf of Hvitfeldt Guld og Sølv ApS. (Case C-66/96)

17

96/C 133/36

Reference for a preliminary ruling from the Kantongerecht, Arnhem, by judgment of that court of 4 March 1996 in the case of Albany International BV v. Stichting Bedrijfspensioenfonds Textielindustrie (Case C-67/96)

17

96/C 133/37

Reference for a preliminary ruling by order of the Civil Division of the Tribunale Civile e Penale, Trento, of 15 February 1996 in the case of Grundig Italiana v. Ministero delle Finanze (Case C-68/96)

18

96/C 133/38

Reference for a preliminary ruling by the Netherlands Raad van State, by judgment of that court of 12 March 1996 in the case of Mayor and Aldermen of Haarlemmerliede and Spaarnwoude and Others v. Gedeputeerde Staten of Noord-Holland (Case C-81/96)

18

96/C 133/39

Action brought on 19 March 1996 by the Kingdon of the Netherlands against the Commission of the European Communities (Case C-84/96)

18

96/C 133/40

References for preliminary rulings from the Tribunale di Genova - Prima Sezione Civile - by orders of that court of 1 February and 7 March 1996 in the cases of (1) Palmera SpA, (2) Cesare Rognoli & Figlio Srl and (3) Igino Mazzola v. Ministero delle Finanze dello Stato (Cases C-86/96, C-87/96 and C-88/96)

18

96/C 133/41

Action brought on 22 March 1996 by the Commission of the European Communities against the Kingdom of Spain (Case C-92/96)

19

96/C 133/42

Reference for a preliminary ruling by judgment of the Supremo Tribunal Administrativo (Second Division, Tax Cases) of 14 February 1996 in the case of ICT - Indústria e Comércio Têxtil, SA v. Fazenda Pública (Case C-93/96)

19

96/C 133/43

Removal from the register of Case C-110/92

19

96/C 133/44

Removal from the register of Case C-324/95

20

COURT OF FIRST INSTANCE

96/C 133/45

JUDGMENT OF THE COURT OF FIRST INSTANCE of 28 February 1996 in Case T-15/95: Nuno do Paço Quesado v. Commission of the European Communities (Officials - Annulment of decision of the Commission fixing the applicant's grade - Reinstatement following secondment at the official's request)

20

96/C 133/46

JUDGMENT OF THE COURT OF FIRST INSTANCE of 6 March 1996 in Case T-141/95: Kirsten Schelbeck v. European Parliament (Officials - Remuneration - National allowances - Discontinuance of application of the rule against overlapping - Scope of entitlement to reimbursement)

20

96/C 133/47

JUDGMENT OF THE COURT OF FIRST INSTANCE of 21 March 1996 in Case T-230/94: Frederick Farrugia v. Commission of the European Communities (Action for annulment - Commission decision refusing to award a fellowship to the applicant - Criteria for eligibility - British Overseas citizen - Erroneous reasons - Non-contractual liability - Non-material damage)

21

96/C 133/48

JUDGMENT OF THE COURT OF FIRST INSTANCE of 21 March 1996 in Case T-376/94: Georgette Otten v. Commission of the European Communities (Officials - Invalidity Committee - Composition - Decision to retire an official on grounds of invalidity)

21

96/C 133/49

JUDGMENT OF THE COURT OF FIRST INSTANCE of 21 March 1996 in Case T-10/95: Akli Chehab v. Commission of the European Communities (Officials - Partial permanent invalidity - Recognition of aggravation)

21

96/C 133/50

JUDGMENT OF THE COURT OF FIRST INSTANCE of 28 March 1996 in Case T-40/95: V v. Commission of the European Communities (Officials - Disciplinary measures - Removal from post - Reasons - Aggravating circumstances)

22

96/C 133/51

ORDER OF THE COURT OF FIRST INSTANCE of 14 March 1996 in Case T-134/95: Dysan Magnetics Ltd and Review Magnetics (Macao) Ltd v. Commission of the European Communities (Action for annulment - Notice of initiation of anti-dumping proceedings - Inadmissibility)

22

96/C 133/52

ORDER OF THE COURT OF FIRST INSTANCE of 11 March 1996 in Case T-195/95: Guérin Automobiles v. Commission of the European Communities (Competition - Actions against Community institutions for failure to act and for damages - Objection of inadmissibility)

22

96/C 133/53

Action brought on 16 January 1996 by Sveriges Betodlares Centralförening and Mr Henrikson against the Commission of the European Communities (Case T-5/96)

23

96/C 133/54

Action brought on 26 January 1996 by Benjamin Laurence Lay against the Council of the European Union and the Commission of the European Communities (Case T-10/96)

23

96/C 133/55

Action brought on 26 January 1996 by Donald George Gage and David John Gage against the Council of the European Union and the Commission of the European Communities (Case T-11/96)

24

96/C 133/56

Action brought on 6 February 1996 by John Carvel and Guardian Newspapers Limited against the Council of the European Union (Case T-19/96)

24

96/C 133/57

Action brought on 21 February 1996 by Antonio Giannini against the Commission of the European Communities (Case T-21/96)

25

96/C 133/58

Action brought on 27 February 1996 by Elsa De Persio against Commission of the European Communities (Case T-23/96)

25

96/C 133/59

Action brought on 27 February 1996 by 'U' against the European Centre for the Development of Vocational Training (Cedefop) (Case T-24/96)

27

96/C 133/60

Action brought on 6 March 1996 by Orlando Lopes against the Court of Justice of the European Communities (Case T-26/96)

27

96/C 133/61

Action brought on 6 March 1996 by Boubeker Maayouchi against the Commission of the European Communities (Case T-27/96)

28

96/C 133/62

Action brought on 6 March 1996 by Doreen Chew against the Commission of the European Communities (Case T-28/96)

29

96/C 133/63

Action brought on 8 March 1996 by Bernd Schoch against the European Parliament (Case T-29/96)

30

96/C 133/64

Action brought on 11 March 1996 by Crédit Lyonnais against the Commission of the European Communities (Case T-31/96)

31

96/C 133/65

Action brought on 11 March 1996 by Société Générale against the Commission of the European Communities (Case T-32/96)

31

96/C 133/66

Action brought on 13 March 1996 by Bernard Connolly against the Commission of the European Communities (Case T-34/96)

32

96/C 133/67

Removal from the register of Case T-516/93

33

96/C 133/68

Removal from the register of Case T-517/93

33

96/C 133/69

Removal from the register of Case T-263/94

33

96/C 133/70

Removal from the register of Joined Cases T-27/95 and T-29/95

33

EN