Official Journal
of the European Communities

ISSN 0378-6986

C 40
Volume 40
8 February 1997

English edition

Information and Notices

Notice No

Contents

Page

I Information

Court of Justice

COURT OF JUSTICE

97/C 40/01

JUDGMENT OF THE COURT (First Chamber) of 12 November 1996 in Case C-294/95 P Girish Ojha v. Commission of the European Communities (Appeal - Official - Posting outside the Community - Transfer in the interests of the service - Action for annulment - Compensation for non-material damage)

1

97/C 40/02

JUDGMENT OF THE COURT of 19 November 1996 in Case C-42/95 (reference for a preliminary ruling from the Bundesgerichtshof): Siemens AG v. Henry Nold (Company law - Increase in capital - Consideration in kind - Shareholders' right of pre-emption - Withdrawal)

1

97/C 40/03

JUDGMENT OF THE COURT of 26 November 1996 in Case C-313/94 (reference for a preliminary ruling from the Tribunale di Chiavari): Fratelli Graffione SNC v. Ditta Fransa (Prohibition of the use of a trade mark in a Member State - Prohibition of importation from another Member State of a product bearing the same trade mark - Article 30 of the EC Treaty and the Trade Mark Directive)

2

97/C 40/04

JUDGMENT OF THE COURT (Sixth Chamber) of 5 December 1996 in Case C-69/95 Italian Republic v. Commission of the European Communities (EAGGF - Clearance of accounts - 1991 - Milk and milk products)

2

97/C 40/05

JUDGMENT OF THE COURT of 5 December 1996 in Case C-85/95 (reference for a preliminary ruling from the Bundesfinanzhof): John Reisdorf v. Finanzamt Köln-West (Value added tax - Interpretation of Article 18 (1) (a) of the Sixth Council Directive 77/388/EEC - Deduction of input tax paid - Obligation of the taxable person - Possession of an invoice)

3

97/C 40/06

JUDGMENT OF THE COURT of 5 December 1996 in Joined Cases C-267/95 and C-268/95 (references for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division, Patents Court): Merck & Co. Inc. and Others v. Primecrown Ltd and Others and Beecham Group plc v. Europharm of Worthing Ltd (Act of Accession of Spain and Portugal - Interpretation of Articles 47 and 209 - End of transitional period - Articles 30 and 36 of the EC Treaty - Parallel imports of unpatentable pharmaceuticals)

3

97/C 40/07

JUDGMENT OF THE COURT (Sixth Chamber) of 5 December 1996 in Case C-91/96 Commission of the European Communities v. Hellenic Republic (Failure to fulfil obligations not contested - Directives 92/118/EEC and 93/52/EEC - Failure to transpose within the prescribed periods)

4

97/C 40/08

JUDGMENT OF THE COURT (Fifth Chamber) of 12 December 1996 in Case C-104/95 (reference for a preliminary ruling from the Polimeles Protodikio, Athens): Georgios Kontogeorgas v. Kartonpak AE (Approximation of laws - Self-employed commercial agents - Entitlement to commission - Commercial transactions concluded during the period covered by the agency contract)

4

97/C 40/09

JUDGMENT OF THE COURT (Fifth Chamber) of 12 December 1996 in Case C-297/95 Commission of the European Communities v. Federal Republic of Germany (Failure by a Member State to fulfil obligations - Directive 91/271/EEC - Urban waste water treatment)

5

97/C 40/10

JUDGMENT OF THE COURT (Fifth Chamber) of 12 December 1996 in Case C-302/95 Commission of the European Communities v. Italian Republic (Failure of a Member State to fulfil its obligations - Directive 91/271/EEC - Urban waste water treatment)

5

97/C 40/11

JUDGMENT OF THE COURT (Third Chamber) of 12 December 1996 in Case C-10/96 (reference for a preliminary ruling made by the Belgian Conseil d'État): Ligue Royale Belge pour la Protection des Oiseaux ASBL and Société d'Études Ornithologiques AVES ASBL v. Région Wallone; intervener: Fédération Royale Ornithologique Belge ASBL (Council Directive 79/409/EEC on the conservation of wild birds - Prohibition of capture - Derogations)

6

97/C 40/12

ORDER OF THE COURT (Fourth Chamber) of 12 December 1996 in Case C-49/96 P Nicolaos Progoulis v. Commission of the European Communities (Official - Appeal clearly inadmissible)

6

97/C 40/13

Appeal brought on 17 September 1996 by Giorgio Bernardi against the judgment delivered on 11 July 1996 by the Third Chamber of the Court of First Instance of the European Communities in Case T-146/95 between European Parliament and Giorgio Bernardi (Case C-303/96 P)

6

97/C 40/14

Reference for a preliminary ruling by the First Chamber of the Efetio Athinon (Court of Appeal, Athens), by a judgment of that court of 6 June 1996 in the case of Alexandros Kefalas and Others v. Greek State and Organismos Ikonomikis Anasinkrotisis Epikhirseon AE and Others - Interveners: Athinaiki Khartopiia AE and Others (Case C-367/96)

7

97/C 40/15

Reference for a preliminary ruling by the High Court of Justice, Queen's Bench Division, by order of that Court of 10 October 1996, in the case of the Queen against Medicines Control Agency, Ex parte: Generics (UK) Limited, E. R. Squibb & Sons, Intervener (Case C-368/96)

7

97/C 40/16

References for a preliminary ruling by the Tribunale di Trento by orders of that Court of 24 October 1996 in the cases of 1. Ministero delle Finanze against Cotonificio del Trention SpA (C-371/96) and 2. Ministero delle Finanze against Merkur Chemical Srl (C-373/96) (Cases C-371/96 and C-373/96)

8

97/C 40/17

Reference for a preliminary ruling by the Pretura Circondariale di Caserta by order of that court of 14 October 1996 in the case of Antonio Pontillo against Donatab (Case C-372/96)

9

97/C 40/18

Reference for a preliminary ruling by the Pretura Circondariale di Treviso, Sezione Distaccata di Conegliano, by order of that court of 2 November 1996 in the case of Galileo Zaninotto against Ispettorato Centrale Repressioni Frodi, Ufficio di Conegliano (Case C-375/96)

9

97/C 40/19

Reference for a preliminary ruling by the Tribunal de Première Instance de Huy on a judgment of the Tribunal Correctionnel de Huy of 29 October 1996 in the criminal proceedings pending before that court in the case of Ministère Public against B. Leloup, S. Leloup and Sofrage Sàrl (Case C-376/96)

9

97/C 40/20

References for preliminary rulings by the Hof van Cassatie, Belgium, by judgments of that court of 4 November 1996 in the cases of August De Vriendt, René Van Looveren, Julien Grare, Karel Boeykens, Frans Serneels, Fredy Parotte, Camille Delbrouck and Henri Props v. Rijksdienst voor Pensioenen (National Office for Pensions) (Cases C-377/96, C-378/96, C-379/96, C-380/96, C-381/96, C-382/96, C-383/96 and C-384/96)

10

97/C 40/21

Appeal brought on 28 November 1996 by Société Louis Dreyfus & Cie against the judgment delivered on 24 September 1996 by the Third Chamber of the Court of First Instance of the European Communities in Case T-485/93 between Société Louis Dreyfus & Cie and the Commission of the European Communities (Case C-386/96 P)

10

97/C 40/22

Action brought on 22 November 1996 by Glasoltherm Sàrl against the Commission of the European Communities (Case C-388/96)

11

97/C 40/23

Reference for a preliminary ruling by the Rechtbank van Eerste Aanleg te Brussel by judgment of that court of 26 November 1996 in the case of Lease Plan Luxembourg SA v. Belgian State (Case C-390/96)

11

97/C 40/24

Appeal brought on 4 December 1996 by Compagnie Continentale (France) against the judgment delivered on 24 September 1996 by the Third Chamber of the Court of First Instance of the European Communities in Case T-494/93 between Compagnie Continentale (France) and the Commission of the European Communities (Case C-391/96 P)

12

97/C 40/25

Action brought on 5 December 1996 by the Commission of the European Communities against Ireland (Case C-392/96)

12

97/C 40/26

Reference for a prelimininary ruling by the House of Lords, by order of that court of 28 November 1996, in the case of Mrs Mary Brown against Rentokil Limited (Case C-394/96)

13

97/C 40/27

Reference for a preliminary ruling from the Landgericht Trier by order of that court of 29 November 1996 in the case of Caisse de Pension des Employés Privés v. l. Dieter Korde, 2. Rainer Kordel and 3. Frankfurter Allianz Versicherungs AG (Case C-397/96)

13

97/C 40/28

Reference for a preliminary ruling by the Cour du Travail (Fourth Chamber), Brussels, by judgment of that court of 11 December 1996 in the case of Europièces SA against Wilfried Sanders and Automotive Industries Holding Company SA (Case C-399/96)

14

97/C 40/29

Reference for a preliminary ruling by the Tribunal Correctionnel, Charleroi, by judgment of that court of 21 October 1996 in the case of Ministère Public v. Jean Harpegnies (Case C-400/96)

14

97/C 40/30

Removal from the register of C-290/95

14

97/C 40/31

Removal from the register of C-319/95

14

97/C 40/32

Removal from the register of C-410/95

14

97/C 40/33

Removal from the register of C-18/96

14

97/C 40/34

Removal from the register of C-134/96

14

97/C 40/35

Removal from the register of C-152/96

15

97/C 40/36

Removal from the register of C-179/96

15

97/C 40/37

Removal from the register of C-243/96

15

97/C 40/38

Removal from the register of C-265/96

15

COURT OF FIRST INSTANCE

97/C 40/39

JUDGMENT OF THE COURT OF FIRST INSTANCE of 11 December 1996 in Case T-521/93: Atlanta AG and Others v. Council of the European Union and Commission of the European Communities (Common organization of the markets - Bananas - Import arrangements - Action for damages)

15

97/C 40/40

JUDGMENT OF THE COURT OF FIRST INSTANCE of 11 December 1996 in Case T-49/95: Van Megen Sports Group BV v. Commission of the European Communities (Competition - Article 85 of the EC Treaty - Proof of the infringement - Fine - Statement of the reasons for the decision)

16

97/C 40/41

JUDGMENT OF THE COURT OF FIRST INSTANCE of 11 December 1996 in Case T-177/95: Patrick Barraux and Others v. Commission of the European Communities (Officials - Specific weighting)

16

97/C 40/42

JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 December 1996 in Case T-16/91 RV: Rendo NV and Others v. Commission of the European Communities (Competition - Implied rejection of a complaint - Statement of reasons - Appeal - Referral of a case back to the Court of First Instance - Continuation of the proceedings - Costs)

16

97/C 40/43

JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 December 1996 in Case T-19/92: Groupement d'Achat Edouard Leclerc v. Commission of the European Communities (Selective distribution system - Luxury cosmetic products)

17

97/C 40/44

JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 December 1996 in Case T-87/92: BVBA Kruidvat v. Commission of the European Communities (Selective distribution system - Luxury cosmetic products)

17

97/C 40/45

JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 December 1996 in Case T-88/92: Groupement d'Achat Edouard Leclerc v. Commission of the European Communities (Selective distribution system - Luxury cosmetic products)

18

97/C 40/46

JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 December 1996 in Case T-380/94: Association Internationale des Utilisateurs de Fils de Filaments Artificiels et Synthétiques et de Soie Naturelle (AIUFFASS) v. Commission of the European Communities (Action for annulment - State aid - Textiles - Trade association - Admissibility - Manifest error of assessment - Excess capacity)

19

97/C 40/47

Action brought on 20 September 1996 by Mutual Aid Administration Services NV against Commission of the European Communities (Case T-151/96)

19

97/C 40/48

Action brought on 14 October 1996 by Paolo Salvatore Affatato against the Commission of the European Communities (Case T-157/96)

20

97/C 40/49

Action brought on 15 October 1996 by Rüdiger Wenk against the Commission of the European Communities (Case T-159/96)

20

97/C 40/50

Action brought on 19 October 1996 by Moccia Irme SpA against the Commission of the European Communities (Case T-164/96)

21

97/C 40/51

Action brought on 19 October 1996 by Prolafer Srl against the Commission of the European Communities (Case T-165/96)

22

97/C 40/52

Action brought on 19 October 1996 by Società Ferriera Acciaieria Casilina SpA against the Commission of the European Communities (Case T-166/96)

22

97/C 40/53

Action brought on 19 October 1996 by Società Dora Ferriera Acciaieria Srl, in liquidation, against the Commission of the European Communities (Case T-167/96)

22

97/C 40/54

Action brought on 26 November 1996 by Salini Costruttori SpA against the Commission of the European Communities (Case T-188/96)

23

97/C 40/55

Action brought on 26 November 1996 by Lars Bo Rasmussen against the Commission of the European Communities (Case T-193/96)

23

EN