Official Journal
of the European Communities

ISSN 0378-6986

C 387
Volume 40
20 December 1997

English edition

Information and Notices

Notice No

Contents

Page

I Information

Court of Justice

COURT OF JUSTICE

97/C 387/01

JUDGMENT OF THE COURT of 23 October 1997 in Case C-157/94: Commission of the European Communities, supported by United Kingdom of Great Britain and Northern Ireland v. Kingdom of the Netherlands, supported by French Republic and Ireland (Failure of a Member State to fulfil its obligations - Exclusive rights to import electricity for public distribution)

1

97/C 387/02

JUDGMENT OF THE COURT of 23 October 1997 in Case C-158/94: Commission of the European Communities, supported by United Kingdom of Great Britain and Northern Ireland v. Italian Republic, supported by French Republic and Ireland (Failure of a Member State to fulfil its obligation - Exclusive rights to import and export electricity)

1

97/C 387/03

JUDGMENT OF THE COURT of 23 October 1997 in Case C-159/94: Commission of the European Communities, supported by United Kingdom of Great Britain and Northern Ireland v. French Republic, supported by Ireland (Failure of a Member State to fulfil its obligatons - Exclusive rights to import and export gas and electricity)

2

97/C 387/04

JUDGMENT OF THE COURT (Sixth Chamber) of 23 October 1997 in Case C-150/95: Portuguese Republic v. Commission of the European Communities supported by the Council of the European Union (Common agricultural policy - Regulation (EC) No 307/95 - Oil seeds - Final regional reference amounts - Exclusion of Portuguese producers from the benefit of compensatory adjustments for overshoots and non-utilization in the Community as a whole - Action for annulment)

2

97/C 387/05

JUDGMENT OF THE COURT (Fifth Chamber) of 23 October 1997 in Case C-375/95: Commission of the European Communities v. Hellenic Republic (Failure to fulfil obligations - Taxation of motor vehicles - Discrimination)

3

97/C 387/06

JUDGMENT OF THE COURT of 4 November 1997 in Case C-337/95 (reference for a preliminary ruling from the Hoge Raad der Nederlanden): Parfums Christian Dior SA and Parfums Christian Dior BV v. Evora BV (Trade mark rights and copyright - Action brought by the owner of those rights to stop a reseller advertising the further commercialization of goods - Perfume)

3

97/C 387/07

JUDGMENT OF THE COURT of 4 November 1997 in Case C-20/96 (reference for a preliminary ruling from the Social Security Commissioner): Kelvin Albert Snares v. The Adjudication Officer (Social security - Special non-contributory benefits - Articles 4 (2a) and 10a of Regulation (EEC) No 1408/71 - Disability living allowance - Non-exportability)

4

97/C 387/08

JUDGMENT OF THE COURT (Fifth Chamber) of 6 November 1997 in Case C-116/96 (reference for a preliminary ruling from the Bundesfinanzhof): Reisebüro Binder GmbH v. Finanzamt Stuttgart-Körperschaften (Sixth VAT Directive - Cross-frontier passenger transport - The place of supply and the taxable amount in relation to transport services)

5

97/C 387/09

JUDGMENT OF THE COURT (Fourth Chamber) of 6 November 1997 in Case C-164/96 (reference for a preliminary ruling from the Consiglio di Stato): Regione Piemonte v. Saiagricola SpA (Regulation (EEC) No 797/85 - Different treatment of individual farmers and legal persons)

5

97/C 387/10

JUDGMENT OF THE COURT (First Chamber) of 6 November 1997 in Case C-261/96 (reference for a preliminary ruling from the Corte d'Appello di Venezia): Conserchimica Srl v. Amministrazione delle Finanze dello Stato (Customs duty - Post-clearance recovery of import duties - Limitation period)

6

97/C 387/11

Action brought on 21 October 1997 by the Commission of the European Communities against Ireland (Case C-358/97)

6

97/C 387/12

Action brought on 21 October 1997 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland (Case C-359/97)

7

97/C 387/13

Action brought on 22 October 1997 by the Commission of the European Communities against the Italian Republic (Case C-365/97)

8

97/C 387/14

Reference for a preliminary ruling from the Oberster Gerichtshof, Austria, by order of that court of 7 October 1997 in the case of (1) The Polo/Lauren Company LP and (2) Poloco SA v. Jürgen Denz, trading as Jeans & More (Case C-370/97)

9

97/C 387/15

Action brought on 28 October 1997 by the Italian Republic against the Commission of the European Communities (Case C-372/97)

10

97/C 387/16

Reference for a preliminary ruling by the Bayerische Verwaltungsgerichtshof by order of that court of 20 October 1997 in the case of Anton Feyrer v. Landkreis Rottal-Inn (also party: Landesanwaltschaft Bayern as representative of the public interest) (Case C-374/97)

11

97/C 387/17

Reference for a preliminary ruling by the Tribunal de Commerce (Second Chamber), Tournai, by judgment of that court of 30 October 1997 in the case of General Motors Corporation v. Yplon SA (Case C-375/97)

11

97/C 387/18

Reference for a preliminary ruling by the Arrondissementsrechtbank Rotterdam by order of that court of 30 October 1997 in the criminal proceedings against Florus Ariël Wijsenbeek (Case C-378/97)

11

97/C 387/19

Reference for a preliminary ruling by the Sø- og Handelsret by order of that court of 31 October 1997 in the case of Upjohn SA, Danmark v. Paranova A/S (Case C-379/97)

12

97/C 387/20

Reference for a preliminary ruling by the President of the Arrondissementsrechtbank, The Hague, by order of 4 November 1997 in the case of Emesa Sugar (Free Zone) NV and 1. Kingdom of the Netherlands, 2. The Netherlands State, 3. The Netherlands Antilles and 4. Aruba (Case C-380/97)

12

97/C 387/21

Reference for a preliminary ruling from the Tribunal de Première Instance, Nivelles (9th Chamber), by judgment of that court of 3 November 1997 in the case of Belgocodex SA v. Belgian State (Case C-381/97)

13

COURT OF FIRST INSTANCE

97/C 387/22

JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 October 1997 in Case T-331/94: IPK-München GmbH v. Commission of the European Communities (Financial assistance for an ecological tourism project - Reduction - Application for annulment - Admissibility - Confirmatory act - Legal certainty - Legitimate expectations - Statement of reasons)

14

97/C 387/23

JUDGMENT OF THE COURT OF FIRST INSTANCE of 21 October 1997 in Case T-229/94: Deutsche Bahn AG v. Commission of the European Communities (Competition - Carriage by rail of maritime containers - Regulation (EEC) No 1017/68 - Agreements, decisions and concerted practices - Dominant position - Abuse - Fine - Criteria of assessment - Principle of proportionality - Rights of the defence - Access to the file - Principle of legal certainty)

14

97/C 387/24

JUDGMENT OF THE COURT OF FIRST INSTANCE of 22 October 1997 in Joined Cases T-213/95 and T-18/96: Stichting Certificatie Kraanverhuurbedrijf (SCK) and Federatie van Nederlandse Kraanverhuurbedrijven (FNK) v. Commission of the European Communities (Competition - Mobile cranes - Article 6 of the European Convention on Human Rights - Acting within a reasonable time - Certification system - Prohibition on hiring - Recommended rates - Internal rates - Fines)

14

97/C 387/25

JUDGMENT OF THE COURT OF FIRST INSTANCE of 24 October 1997 in Case T-239/94: Association des Aciéries Européennes Indépendantes (EISA) v. Commission of the European Communities (ECSC - Action for annulment - State aid - Individual decisions authorizing the grant of State aid to steel undertakings - Incompatibility with Treaty provisions - Retroactivity - Article 4 (b) and (c) and the first and second paragraphs of Article 95 of the Treaty)

15

97/C 387/26

JUDGMENT OF THE COURT OF FIRST INSTANCE of 24 October 1997 in Case T-243/94: British Steel plc v. Commission of the European Communities (ECSC - Action for annulment - State aid - Individual decisions authorizing the grant of State aid to steel undertakings - Lack of competence - Protection of legitimate expectations - Incompatibility with Treaty provisions - Discrimination - Inadequate statement of reasons - Breach of the rights of the defence - Articles 4 (b) and (c) and 15 and the first and second paragraphs of Article 95 of the Treaty)

16

97/C 387/27

JUDGMENT OF THE COURT OF FIRST INSTANCE of 24 October 1997 in Case T-244/94: Wirtschaftsvereinigung Stahl and Others v. Commission of the European Communities (ECSC - Action for annulment - State aid - Individual decisions authorizing the grant of State aid to steel undertakings - Misuse of power - Protection of legitimate expectations - Incompatibility with Treaty provisions - Discrimination - Inadequate statement of reasons - Breach of rights of the defence - Articles 4 (b) and (c) and 15 and the first and second paragraphs of Article 95 of the Treaty)

16

97/C 387/28

JUDGMENT OF THE COURT OF FIRST INSTANCE of 5 November 1997 in Case T-26/89 (125): Henri de Compte v. European Parliament (Officials - Application for revision - Admissibility)

17

97/C 387/29

JUDGMENT OF THE COURT OF FIRST INSTANCE of 5 November 1997 in Case T-149/95: Établissements J. Richard Ducros v. Commission of the European Communities (State aid - Restructuring aid - Commission decision - Annulment - Admissibility)

17

97/C 387/30

JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber) of 5 November 1997 in Case T-12/97: Anna Barnett v. Commission of the European Communities (Officials - Article 31 (2) of the Staff Regulations)

17

97/C 387/31

JUDGMENT OF THE COURT OF FIRST INSTANCE of 6 November 1997 in Case T-223/95: Luigi Ronchi v. Commission of the European Communities (Officials - Article 90 (1) of the Staff Regulations - Decision implicitly rejecting an application - Article 24 of the Staff Regulations - Duty to provide assistance)

18

97/C 387/32

JUDGMENT OF THE COURT OF FIRST INSTANCE of 6 November 1997 in Case T-15/96: Lino Liao v. Council of the European Union (Officials - Actions for annulment - Delay in drawing up staff report - Actions for damages - Admissibility - Damage)

18

97/C 387/33

JUDGMENT OF THE COURT OF FIRST INSTANCE of 6 November 1997 in Case T-71/96: Sonja Edith Berlingieri Vinzek v. Commission of the European Communities (Officials - Competition based on qualifications and tests - Non-admission to the oral tests)

18

97/C 387/34

JUDGMENT OF THE COURT OF FIRST INSTANCE of 6 November 1997 in Case T-101/96: Maria Elisabeth Wolf v. Commission of the European Communities (Officials - Open competition - Non-admission to the tests - Professional experience required)

19

97/C 387/35

JUDGMENT OF THE COURT OF FIRST INSTANCE of 7 November 1997 in Case T-218/95: Azienda Agricola 'Le Canne' Srl v. Commission of the European Communities (Agriculture - Fisheries - Aquaculture and establishment of protected marine areas - Community financial aid - Declaration of ineligibility of certain expenditure - Action for annulment - Action for damages)

19

97/C 387/36

JUDGMENT OF THE COURT OF FIRST INSTANCE of 7 November 1997 in Case T-84/96: Cipeke - Comércio e Indústria de Papel Lda v. Commission of the European Communities (European Social Fund - Decision to reduce financial assistance - Duty to provide a statement of reasons)

19

97/C 387/37

ORDER OF THE COURT OF FIRST INSTANCE of 30 September 1997 in Case T-151/95: Instituto Europeu de Formação Profissional Lda (INEF) v. Commission of the European Communities (European Social Fund - Reduction of financial assistance - Actions for annulment of measures - Time-limits - Inadmissibility)

20

97/C 387/38

ORDER OF THE COURT OF FIRST INSTANCE of 30 September 1997 in Case T-122/96: Federazione Nazionale del Commercio Oleario (Federolio) v. Commission of the European Communities (Agriculture - Common organization of the markets - Olive oil - Consumption aid - Regulation (EC) No 887/96 - Action for annulment - Association of traders - Inadmissibility)

20

97/C 387/39

Action brought on 2 October 1997 by Associazione G.A.L. Penisola Sorrentina against Commission of the European Communities (Case T-263/97)

20

97/C 387/40

Action brought on 12 May 1997 by the Region of Tuscany against the Commission of the European Communities (Case T-265/97)

21

97/C 387/41

Action brought on 13 October 1997 by Azienda Agricola Tre e Mezzo against Commission of the European Communities (Case T-269/97)

21

97/C 387/42

Action brought on 16 October 1997 by Pierre Richard against the European Parliament (Case T-273/97)

22

97/C 387/43

Action brought on 16 October 1997 by Società Ca' Pasta s.r.l. against the Commission of the European Communities (Case T-274/97)

23

97/C 387/44

Action brought on 24 October 1997 by DFDS Transport BV against the Commission of the European Communities (Case T-279/97)

24

97/C 387/45

Action brought on 24 October 1997 by Wilson Holland BV against the Commission of the European Communities (Case T-280/97)

24

97/C 387/46

Action brought on 27 October 1997 by Milk Products Holdings (Europe) Limited and Others against the Commission of the European Communities (Case T-281/97)

25

97/C 387/47

Action brought on 28 October 1997 by Antonio Giannini against the Commission of the European Communities (Case T-282/97)

25

97/C 387/48

Removal from the register of Case T-396/94

26

97/C 387/49

Removal from the register of Case T-23/97

26

97/C 387/50

Removal from the register of Case T-87/97

26

97/C 387/51

Removal from the register of Case T-134/97

27

Notice to readers (see page 3 of the cover)

EN