Official Journal
of the European Communities

ISSN 0378-6986

C 142
Volume 40
10 May 1997

English edition

Information and Notices

Notice No

Contents

Page

I Information

Court of Justice

COURT OF JUSTICE

97/C 142/01

JUDGMENT OF THE COURT (Fifth Chamber) of 13 March 1997 in Case C-131/95 (reference for a preliminary ruling from the Nederlandse Raad van State): P. J. Huijbrechts v. Commissie voor de Behandeling van Administratieve Geschillen ingevolge Artikel 41 der Algemene Bijstandswet in de Provincie Noord-Brabant (Social security - Wholly unemployed frontier worker - Unemployment benefits in the competent Member State - Regulation (EEC) No 1408/71)

1

97/C 142/02

JUDGMENT OF THE COURT (First Chamber) of 13 March 1997 in Case C-358/95 (reference for a preliminary ruling from the Pretura di Pordenone): Tommaso Morellato v. Unità Sanitaria Locale (USL) No 11, Pordenone (Articles 30 and 36 of the Treaty - Composition of bread - Maximum moisture content, minimum ash content and prohibition of certain ingredients)

1

97/C 142/03

JUDGMENT OF THE COURT (Fifth Chamber) of 13 March 1997 in Case C-103/96 (reference for a preliminary ruling from the Tribunal d'Instance, Lille): Directeur Général des Douanes et Droits Indirects v. Eridania Beghin-Say SA (Customs duties - Inward processing arrangements - Equivalent compensation system - Cane sugar and beet sugar)

2

97/C 142/04

JUDGMENT OF THE COURT (Fifth Chamber) of 13 March 1997 in Case C-197/96: Commission of the European Communities v. French Republic (Failure of a Member State to fulfil its obligations - Equal treatment for men and women - Prohibition of nightwork)

2

97/C 142/05

JUDGMENT OF THE COURT of 18 March 1997 in Case C-282/95 P: Guérin Automobiles v. Commission of the European Communities (Appeal - Competition - Complaint - Action for failure to act - Notification under Article 6 of Regulation No 99/63/EEC - Definition of a position terminating the failure to act - Cross-appeal limited to costs)

3

97/C 142/06

JUDGMENT OF THE COURT of 18 March 1997 in Case C-343/95 (reference for a preliminary ruling from the Tribunale di Genova): Diego Calì & Figli Srl v. Servizi Ecologici Porto di Genova SpA (SEPG) (Harbour company - Prevention of pollution - Statutory monopoly - Abuse of a dominant position)

3

97/C 142/07

JUDGMENT OF THE COURT of 20 March 1997 in Case C-24/95 (reference for a preliminary ruling from the Bundesverwaltungsgericht): Land Rheinland-Pfalz v. Alcan Deutschland GmbH, in the presence of the Oberbundesanwalt beim Bundesverwaltungsgericht (State aid - Recovery - Application of national law - Limits)

4

97/C 142/08

JUDGMENT OF THE COURT of 20 March 1997 in Case C-57/95: French Republic, supported by the Kingdom of Spain v. Commission of the European Communities (Commission communication - Internal market - Pension funds)

4

97/C 142/09

JUDGMENT OF THE COURT (Fifth Chamber) of 20 March 1997 in Case C-96/95: Commission of the European Communities v. Federal Republic of Germany (Failure of a Member State to fulfil its obligations - Right of residence - Council Directives 90/364/EEC and 90/365/EEC)

5

97/C 142/10

JUDGMENT OF THE COURT (Sixth Chamber) of 20 March 1997 in Case C-295/95 (reference for a preliminary ruling from the Circuit Court, County of Dublin): Jackie Farrell v. James Long (Brussels Convention - Article 5 (2) - Definition of 'maintenance creditor')

5

97/C 142/11

JUDGMENT OF THE COURT (Sixth Chamber) of 20 March 1997 in Case C-323/95 (reference for a preliminary ruling from the Saarländisches Oberlandesgericht): David Charles Hayes and Jeanette Karen Hayes v. Kronenberger GmbH, in liquidation (Equal treatment - Discrimination on grounds of nationality - Security for costs)

6

97/C 142/12

JUDGMENT OF THE COURT (Fifth Chamber) of 20 March 1997 in Case C-352/95 (reference for a preliminary ruling from the Tribunal de Commerce, Pontoise): Phytheron International SA v. Jean Bourdon SA (Articles 30 and 36 of the EC Treaty - Trade Mark Directive - Plant health product - Parallel import - Exhaustion)

6

97/C 142/13

JUDGMENT OF THE COURT (Fifth Chamber) of 20 March 1997 in Case C-13/96 (reference for a preliminary ruling from the Belgian Conseil d'État): Bic Benelux SA v. Belgian State (Obligation to give prior notification under Directive 83/189/EEC - Technical regulations and specifications - Marking of products subject to environmental tax)

6

97/C 142/14

JUDGMENT OF THE COURT (Fifth Chamber) of 20 March 1997 in Case C-294/96: Commission of the European Communities v. Kingdom of Belgium (Failure by a Member State to fulfil its obligations - Failure to transpose Directive 93/42/EEC - Medical devices)

7

97/C 142/15

ORDER OF THE COURT (First Chamber) of 6 March 1997 in Case C-150/96 P: Roberto Galtieri v. European Parliament (Appeal manifestly unfounded)

7

97/C 142/16

ORDER OF THE COURT (First Chamber) of 6 March 1997 in Case C-303/96 P: Giorgio Bernardi v. European Parliament (Appeal - European Ombudsman - Nominations - Appointment procedure - Action for annulment - Appeal manifestly inadmissible and unfounded)

8

97/C 142/17

Action brought on 6 February 1997 by the Hellenic Republic against the Commission of the European Communities (Case C-46/97)

8

97/C 142/18

Action brought on 11 February 1997 by the Italian Republic against the Commission of the European Communities (Case C-59/97)

8

97/C 142/19

Reference for a preliminary ruling from the Tribunale Civile e Penale di Torino - Prima Sezione Civile - by order of that court of 14 February 1997 in the case of CIF srl, operating in Turin, v. Ministero delle Finanze dello Stato (Case C-98/97)

9

97/C 142/20

Action brought on 7 March 1997 by the Commission of the European Communities against the Italian Republic (Case C-101/97)

9

97/C 142/21

Action brought on 10 March 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-102/97)

10

97/C 142/22

Reference for a preliminary ruling from the Amt der Tiroler Regierung (Landesvergabeamt) by order of that body of 7 November 1996 in the review proceedings brought by Josef Köllensperger GmbH & Co KG and Atzwanger AG against Gemeindeverband Bezirkskrankenhaus Schwaz (Case C-103/97)

10

97/C 142/23

Appeal brought on 10 March 1997 by Atlanta AG against the judgment delivered on 11 December 1996 by the Fourth Chamber (Extended Composition) of the Court of First Instance of the European Communities in Case T-521/93 between, of the one part, Atlanta AG and Others and, of the other part, the Council of the European Union and the Commission of the European Communities (Case C-104/97 P)

11

97/C 142/24

Reference to the Court for preliminary rulings by the Pretura Circondariale di Trento by an order of 7 March 1997 in the proceedings pending before that court between Leonardo Gulli and Ente Poste Italiane (Case C-105/97)

11

97/C 142/25

Reference for a preliminary ruling from the College van Beroep voor het Bedrijfsleven by judgment of that court of 15 January 1997 in the case of 1. Dutch Antillian Dairy Industry Inc., 2. Verenigde Douane-Agenten BV; Netherlands Antilles intervening, v. Rijksdienst voor de Keuring van Vee en Vlees (Case C-106/97)

12

97/C 142/26

Reference for a preliminary ruling from the Tribunal de Grande Instance, Grasse, by judgment of that court of 19 July 1996 in the case of the Public Prosecutor, and the federal consumers' union 'Que Choisir?' and the general consumer organization 'OR.GE.CO', civil plaintiffs, v. Max Rombi and Arkopharma SA (Case C-107/97)

12

97/C 142/27

Reference for a preliminary ruling from the Bundesvergabeamt, by order of that court of 25 November 1996 in the review proceedings brought by the applicant, EvoBus Austria GmbH, against the contracting entity, Niederösterreichische Verkehrsorganisations Gesellschaft mbH (NÖVOG) (Case C-111/97)

13

97/C 142/28

Reference for a preliminary ruling from the Tribunal du Travail, Charleroi, by judgment of that court of 18 March 1997 in the case of Henia Babahenini v. Belgian State (Case C-113/97)

13

97/C 142/29

Reference for a preliminary ruling from the Kantongerecht, Roermond, by judgments of that court of 18 March 1997 in the case of Brentjens' Handelsonderneming BV v. Stichting Bedrijfspensioenfonds voor de Handel in Bouwmaterialen (Cases C-115/97, C-116/97 and C-117/97)

14

97/C 142/30

Appeal brought on 22 March 1997 by Union Française de l'Express (UFEX, previously called Syndicat Français de l'Express International, SFEI), DHL International and CRIE against the judgment delivered on 15 January 1997 by the Third Chamber of the Court of First Instance of the European Communities in Case T-77/95 between SFEI and Others and the Commission of the European Communities (Case C-119/97 P)

14

97/C 142/31

Reference for a preliminary ruling by the Court of Appeal, London, by order of that court of 26 October 1995, in the case of Upjohn Ltd against 1. The Licensing Authority established by the Medicines Act 1968; 2. Secretary of State for Health; 3. Secretary of State for Wales; 4. Secretary of State for Scotland; 5. Minister for Health and Social Services for Northern Ireland (Case C-120/97)

15

97/C 142/32

Reference for a preliminary ruling by the Tribunal de Grande Instance de Dijon by judgments of that court of 26 February 1997 in the cases of Procureur de la Republique and Syndicat de Défense de l'Epoisses and Others against Yvon Chiciak and Jean-Pierre Fol respectively (Cases C-129/97 and C-130/97)

16

97/C 142/33

Action brought on 27 March 1997 by the Kingdom of Spain against the Council of the European Union (Case C-132/97)

16

97/C 142/34

Removal from the register of Case C-23/96

16

97/C 142/35

Removal from the register of Case C-46/95

16

COURT OF FIRST INSTANCE

97/C 142/36

ORDER OF THE COURT OF FIRST INSTANCE of 20 February 1997 in Case T-141/96: Bergpracht Milchwerk GmbH & Co. KG and Others v. Commission of the European Communities (Disclaimer of jurisdiction)

17

97/C 142/37

Action brought on 13 February 1997 by Juana de la Cruz Elena Vela Palacios against Economic and Social Committee (Case T-30/97)

17

97/C 142/38

Action brought on 24 February 1997 by Anne-Marie Mathieu against the Commission of the European Communities (Case T-34/97)

18

97/C 142/39

Action brought on 24 February 1997 by Rupert Schlegelmilch against the Commission of the European Communities (Case T-35/97)

18

97/C 142/40

Action brought on 24 February 1997 by Liliane Waerzeggers against the Commission of the European Communities (Case T-36/97)

18

97/C 142/41

Action brought on 26 February 1997 by Lucette Gérard against the Commission of the European Communities (Case T-38/97)

18

97/C 142/42

Action brought on 3 March 1997 by Isabelle Adine-Blanc against Commission of the European Communities (Case T-43/97)

19

97/C 142/43

Action brought on 3 March 1997 by Piera Ghignone and Others against Council of the European Union (Case T-44/97)

19

97/C 142/44

Action brought on 3 March 1997 by Georges Martins against the Commission of the European Communities (Case T-45/97)

20

97/C 142/45

Action brought on 3 March 1997 by SIC - Sociedade Independente de Comunicação SA - against Commission of the European Communities (Case T-46/97)

21

97/C 142/46

Action brought on 4 March 1997 by Onno Plug against the Commission of the European Communities (Case T-47/97)

22

97/C 142/47

Action brought on 4 March 1997 by Erik Dan Frederiksen against the European Parliament (Case T-48/97)

23

97/C 142/48

Action brought on 4 March 1997 by TAT European Airlines against the Commission of the European Communities (Case T-49/97)

23

97/C 142/49

Action brought on 6 March 1997 by H. Buwalda against the Council of the European Union and the Commission of the European Communities (Case T-50/97)

24

97/C 142/50

Action brought on 6 March 1997 by G. J. Meijer against the Council of the European Union and the Commission of the European Communities (Case T-51/97)

24

97/C 142/51

Action brought on 6 March 1997 by P. J. M. Biermans against the Council of the European Union and the Commission of the European Communities (Case T-52/97)

25

97/C 142/52

Action brought on 6 March 1997 by B. J. G. Oude Kotte against the Council of the European Union and the Commission of the European Communities (Case T-53/97)

25

97/C 142/53

Action brought on 6 March 1997 by H. J. Leemkuil against the Council of the European Union and the Commission of the European Communities (Case T-54/97)

25

97/C 142/54

Action brought on 6 March 1997 by C. H. L. Wijnen against the Council of the European Union and the Commission of the European Communities (Case T-55/97)

26

97/C 142/55

Action brought on 6 March 1997 by W. C. G. M. Stoffelen against the Council of the European Union and the Commission of the European Communities (Case T-56/97)

26

97/C 142/56

Action brought on 6 March 1997 by R. Dusselaar against the Council of the European Union and the Commission of the European Communities (Case T-57/97)

27

97/C 142/57

Action brought on 6 March 1997 by H. Heringa against the Council of the European Union and the Commission of the European Communities (Case T-58/97)

27

97/C 142/58

Action brought on 6 March 1997 by A. Lukens Folkers against the Council of the European Union and the Commission of the European Communities (Case T-59/97)

27

97/C 142/59

Action brought on 6 March 1997 by A. M. Weijenberg-Pleijers against the Council of the European Union and the Commission of the European Communities (Case T-60/97)

28

97/C 142/60

Action brought on 13 March 1997 by P. J. M. Janssen against the Council of the European Union and the Commission of the European Communities (Case T-63/97)

28

97/C 142/61

Action brought on 13 March 1997 by W. H. J. Mulder against the Council of the European Union and the Commission of the European Communities (Case T-64/97)

28

97/C 142/62

Action brought on 13 March 1997 by T. H. P. Neelen against the Council of the European Union and the Commission of the European Communities (Case T-65/97)

29

97/C 142/63

Action brought on 13 March 1997 by J. T. F. J. Op 't Veld against the Council of the European Union and the Commission of the European Communities (Case T-66/97)

29

97/C 142/64

Action brought on 13 March 1997 by J. P. M. Wolfs against the Council of the European Union and the Commission of the European Communities (Case T-67/97)

30

97/C 142/65

Action brought on 17 March 1997 by M. V. Diederen against the Council of the European Union and the Commission of the European Communities (Case T-69/97)

30

EN