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		European - From: 1997 To: 1997 This page lists 432 cases, and was prepared on 27 May 2018. Â Page v Combined Shipping and Trading Co Ltd [1997] 3 All ER 656; [1996] EWCA Civ 1312 1997 CA Staughton LJ Agency, European Mr Page was taken on to trade in commodities for the defendant for a minimum period of four years. Six months later the defendant's parent company decided to cease trading activities, and he began proceedings claiming compensation under regulation 17 and applied for an injunction to prevent the defendant from moving its assets abroad. The judge dismissed the application on the grounds that, since the defendant could have operated the agreement for the remainder of its term in a way that would not have enabled him to make any money, he did not have an arguable case that he was entitled to recover a significant sum by way of damages. Held: The claimant's appeal succeeded. It was arguable that Mr Page was entitled to recover compensation under regulation 17(7) calculated by reference to the amount of commission he would have earned if the contract had been performed in accordance with the parties' original intention. Staughton LJ: "commercial agents are a down-trodden race and need and should be afforded protection against their principals". The preamble to the Directive: "points fairly strongly to an intention to depart from the domestic legal provisions of the various countries in the Community, or at any rate some of them, and achieve a regime which is new to some and will be the same for all." It was arguable that the Directive and the Regulations provided a remedy that was not available at common law. Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents 17 - Commercial Agents (Council Directive) Regulations 1993 1 Citers [ Bailii ] Â MTV Europe v BMG Records (UK) Ltd [1997] EuLR 100 1997 CA Sir Thomas Bingham MR European, Commercial The court recognised the difficulties of the European and national court investigating the same set of facts, and referred to "the extreme undesirability of inconsistent decisions as between the Commission, on one side, and national courts on the other", adding "It is not hard to understand the undesirability of such inconsistency which undermines legal authority, leaving parties in doubt as to where they stand, and infringes the integrity of the Community legal order." 1 Citers Â Â Rutten v Cross Medical; ECJ 9-Jan-1997 - Times, 27 January 1997; [1997] ILPr 199; [1997] ECR I-57; C-383/95; [1997] EUECJ C-383/95; [1997] IRLR 249,; [1997] ICR 715; [1997] All ER (EC) 121 Â Commission v Socurte and others (Judgment) C-143/95; [1997] EUECJ C-143/95P 9 Jan 1997 ECJ European [ Bailii ] Â S Agri and Agricola Veneta v Regione Veneto (Judgment) C-255/95; [1997] EUECJ C-255/95 9 Jan 1997 ECJ European [ Bailii ] Â Comateb and others v Directeur general des douanes and droits indirects C-192/95; [1997] EUECJ C-192/95 14 Jan 1997 ECJ European (Judgment) [ Bailii ] Â Regina, ex parte Centro-Com v HM Treasury and Bank of England (Judgment) C-124/95; [1997] EUECJ C-124/95 14 Jan 1997 ECJ European [ Bailii ] Â Spain v Commission (Judgment) C-169/95; [1997] EUECJ C-169/95 14 Jan 1997 ECJ European [ Bailii ] Â SFEI and others v Commission (Rec 1997,p II-1) T-77/95; [1997] EUECJ T-77/95; [2000] EUECJ T-77/95 15 Jan 1997 ECFI European [ Bailii ] - [ Bailii ] Â Buratti v Tabacchicoltori Associati Veneti (Rec 1997,p I-213) (Judgment) C-273/95; [1997] EUECJ C-273/95 16 Jan 1997 ECJ European [ Bailii ] Â USSL no 47 di Biella v INAIL (Judgment) C-134/95; [1997] EUECJ C-134/95 16 Jan 1997 ECJ European [ Bailii ] Â Williams v Court of Auditors C-156/96; [1997] EUECJ C-156/96P 21 Jan 1997 ECJ European (Order) [ Bailii ] Â Opel Austria v Council (Rec 1997,p II-39) T-115/94; [1997] ECR II 39; [1997] EUECJ T-115/94 22 Jan 1997 ECFI European [ Bailii ] Â Coen v Belgian State C-246/95; [1997] EUECJ C-246/95 23 Jan 1997 ECJ European ECJ (Judgment) Officials - Actions - Time-limits - Mandatory - Caused to run afresh by a judgment given by a court of a Member State - Not possible (EC Treaty, Art. 179; Staff Regulations, Arts 90 and 91) The time-limits prescribed in Articles 90 and 91 of the Staff Regulations for lodging complaints and bringing proceedings are a matter of public policy and are not subject to the discretion of the parties or the Court, since they were established in order to ensure that legal positions are clear and certain. Consequently, Article 179 of the Treaty and Articles 90 and 91 of the Staff Regulations are to be interpreted as meaning that the periods which those provisions prescribe for challenging a decision of the appointing authority of one of the Community institutions cannot be caused to run afresh by a judgment given by a court of a Member State finding an act of that State unlawful, where the act in question may have influenced the institution's decision which is to be challenged. [ Bailii ] Â ANDRE v Belgische Staat (Rec 1997,p I-311) (Judgment) C-153/95; [1997] EUECJ C-153/95 23 Jan 1997 ECJ European [ Bailii ] Â St Martinus Elten v Landwirtschaftskammer Rheinland (Rec 1997,p I-255) (Judgment) C-463/93; [1997] EUECJ C-463/93 23 Jan 1997 ECJ European [ Bailii ] Â Biogen v Smithkline Beecham Biologicals (Rec 1997,p I-357) (Judgment) C-181/95; [1996] EUECJ C-181/95 23 Jan 1997 ECJ European [ Bailii ] Â Tetik v Land Berlin (Rec 1997,p I-329) (Judgment) C-171/95; [1997] EUECJ C-171/95 23 Jan 1997 ECJ European [ Bailii ] Â Â Pastoors and Trans-Cap v Belgische Staat; ECJ 23-Jan-1997 - C-29/95; [1997] EUECJ C-29/95 Â Commission v Italy (Judgment) C-314/95; [1997] EUECJ C-314/95 23 Jan 1997 ECJ European [ Bailii ] Â EFMA v Council (Rec 1997,p II-87) T-121/95 24 Jan 1997 ECFI European Â Regina v Chief Constable of Sussex Ex Parte International Trader's Ferry Ltd Times, 12 February 1997; [1997] EWCA Civ 861; [1998] QB 477 28 Jan 1997 CA Police, European A restriction placed by a chief constable on the police support he would make available to support a lawful trade was reasonable, even though it might amount to trade interference. The allocation of resources available to the Chief Constable was for him and the course he took was well within his margin of appreciation, not least because of the need to balance serious competing claims. It was unreal and unfair to treat the Chief Constable as having all the resources of the State available to him before he could justify what he had done. 1 Cites 1 Citers [ Bailii ] Â Vanderhaeghen v Commission (Rec 1997,p FP-IA-7,II-13) T-297/94; [1997] EUECJ T-297/94 29 Jan 1997 ECFI European [ Bailii ] Â Adriaenssens and others v Commission (Rec 1997,p FP-IA-1,II-1) T-7/94; [1997] EUECJ T-7/94 29 Jan 1997 ECFI European [ Bailii ] Â Antonissen v Council and Commission C-393/96; [1997] EUECJ C-393/96P; [1997] 1 CMLR 783; [1997] ECR I-441 29 Jan 1997 ECJ European ECJ (Order) 1 Applications for interim measures - Provisional measures - Measures not expressly sought by the applicant - Discretion of the judge dealing with the application (EC Treaty, Art. 186) 2 Applications for interim measures - Provisional measures - Conditions for granting - Prima facie case - Serious and irreparable damage - Discretion of the judge dealing with the application (EC Treaty, Art. 186) 3 Applications for interim measures - Provisional measures - Main application seeking a finding of non-contractual liability on the part of the Community - Award of an advance - Right to complete and effective judicial protection - Whether permissible - Conditions - Balancing of all the interests involved - Granting of the measure to be envisaged restrictively (EC Treaty, Arts 178, 186 and 215, second para.) 4 Both the question whether measures other than those expressly sought by the applicant should be envisaged and the question whether to hear oral argument from the parties are matters which fall within the discretion of the judge dealing with an application for interim measures. Since the judge dealing with an interim application cannot be required to reply explicitly to all the points of fact and law raised in the course of the interlocutory proceedings, the same applies, a fortiori, in the case of provisional measures which have not been identified in the interim application. 5 It is open to the judge dealing with such an application to order interim measures if it is established that such an order is justified, prima facie, in fact and in law and that it is urgent in so far as, in order to avoid serious and irreparable damage to the applicant's interests, it must be made and produce its effects before a decision is reached in the main action. Such an order must further be provisional inasmuch as it must not prejudge the points of law or fact in issue or neutralize in advance the effects of the decision subsequently to be given in the main action. In the context of that overall examination, the judge dealing with the application enjoys a broad discretion to determine the manner in which those various conditions are to be examined. That discretion must be exercised in the light of the specific circumstances of each case. 6 An absolute prohibition, irrespective of the circumstances of the case, on obtaining in the context of an interim application a measure granting (by way of advance) a part of the compensation claimed, on the basis of Article 178 and the second paragraph of Article 215 of the Treaty, in the main proceedings, and with a view to protecting the applicant's interests until judgment is delivered in those proceedings, would not be compatible with the right of individuals to complete and effective judicial protection under Community law, which implies in particular that interim protection be available to them if it is necessary for the full effectiveness of the definitive future decision. It is therefore not possible to rule out in advance, in a general and abstract manner, that payment, by way of an advance, even of an amount corresponding to that sought in the main application, may be necessary in order to ensure the practical effect of the judgment in the main action and may, in certain cases, appear justified with regard to the interests involved. In that regard, it is for the judge dealing with an application for such an interim measure to balance the applicant's interest in avoiding a deterioration of his financial position, which might lead to an irreversible cessation of his activities, against the risk that it might be impossible to recover the amounts sought if the main application were dismissed. Recourse to such a type of measure, which is more likely than others to give rise in fact to irreversible effects, in particular in the event of the applicant's subsequent insolvency, must be restricted, and should be confined to cases where the prima facie case appears particularly strong and the urgency of the measures sought undeniable. None the less, such an assessment must be made in the light of the circumstances of each case. Where appropriate, if the balance appears to him to be in favour of granting the measure sought, the judge dealing with the interim application may still impose any condition or guarantee which he considers necessary when granting that measure, or limit its scope in any other way. EC Treaty 186 [ Bailii ] Â De Jaeck v Staatssecretaris van Financien (Rec 1997,p I-461) (Judgment) C-340/94; [1997] EUECJ C-340/94 30 Jan 1997 ECJ European [ Bailii ] Â Balestra v Istituto nazionale della previdenza sociale (Rec 1997,p I-549) (Judgment) C-139/95; [1997] EUECJ C-139/95 30 Jan 1997 ECJ European [ Bailii ] Â Wiljo v Belgische Staat C-178/95; [1997] EUECJ C-178/95 30 Jan 1997 ECJ European (Judgment) [ Bailii ] Â Inasti v Hervein and Hervillier C-221/95; [1997] EUECJ C-221/95 30 Jan 1997 ECJ European (Judgment) [ Bailii ] Â Corman v Commission T-117/95; [1997] EUECJ T-117/95 30 Jan 1997 ECFI European, Agriculture ECFI 1 Agriculture - Common organization of the markets - Milk and milk products - Aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs - Conditions for granting aid - Intermediate products - Definition - Obligation to add tracers (Commission Regulation No 570/88, Art. 9a) 2 Agriculture - Common organization of the markets - Milk and milk products - Aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs - Conditions for granting aid - Butter - Definition (Council Regulations No 985/68, Art. 1(3)(a) and (b), and No 2991/94; Commission Regulation No 570/88, Art. 1(2)(a)) 3 Actions for annulment - Legal interest in bringing proceedings - Act not concerning the product manufactured by the applicant - Inadmissible (EC Treaty, Art. 173, para. 4; Commission Regulations No 570/88, Arts 1 and 9a, and No 455/95, Art. 1(4)) 4 A product consisting of 82% butterfat, 16% water and 2% fat-free dried milk extract, obtained by concentrating, fractionating and recomposing raw materials consisting of 65% butter and 35% cream, must be regarded as an intermediate product within the meaning of Article 9a of Regulation No 570/88 on the sale of butter at reduced prices and the granting of aid for butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs. Failure to incorporate tracers, as required by Article 9a in order for an intermediate product to have access to the aid provided for by that regulation, does not alter the actual nature of the product, but merely makes it ineligible for Community aid. Tracing is intended to prevent fraud and is not a necessary process in the manufacture of the product. The fact that an intermediate product within the meaning of that article may, in addition, be classified as butter under the domestic legislation of one Member State cannot displace the conditions laid down by Article 9a in order for one of the products referred to therein to qualify for aid under Regulation No 570/88. 5 Although, in defining the conditions to be satisfied in order for butter to qualify for aid under Article 1 of Regulation 570/88, Article 1, second paragraph, (a) makes express reference only to Article 1(3)(b), on the grading of butter, of Regulation No 985/68 concerning intervention on the market in butter and cream, it requires in addition that the product should meet a certain 'definition'. That definition is set out in Article 1(3)(a) of Regulation No 985/68 and refers to technical conditions for the production and composition of butter. The fact that a certain product does not fall within the category of butter for the application of Regulation No 570/88 cannot be altered by the fact that Regulation No 2991/94 laying down standards for spreadable fats contains a broader definition of butter which includes that product. That regulation does not fall within the scope of the intervention measures intended to encourage the disposal of Community butter surpluses but pursues the objective of protecting and informing consumers. 6 Article 1(4) of Regulation No 455/95, regarding in particular the grant of aid for buying in butter, amends Article 1 of Regulation No 570/88 only and therefore does not concern the intermediate products referred to in Article 9(a) of that regulation, with the result that an action for the annulment of Article 1(4), brought by a manufacturer of intermediate products, must be dismissed as inadmissible for want of any legal interest in bringing proceedings. [ Bailii ] Â Stober and Piosa Pereira v Bundesanstalt fur Arbeit (Judgment) C-4/95; [1997] EUECJ C-4/95 30 Jan 1997 ECJ European [ Bailii ] Â Belgium and Germany v Commission (Judgment) C-9/95; [1997] EUECJ C-9/95 4 Feb 1997 ECJ European [ Bailii ] Â Belgium v Commission (Judgment) C-71/95; [1997] EUECJ C-71/95 4 Feb 1997 ECJ European [ Bailii ] Â H v Commission (Rec 1997,p FP-IA-29,II-83) T-49/96; [1997] EUECJ T-49/96 5 Feb 1997 ECFI European [ Bailii ] Â Ibarra Gil v Commission (Rec 1997,p FP-IA-13,II-31) T-207/95; [1997] EUECJ T-207/95 5 Feb 1997 ECFI European [ Bailii ] Â Petit-Laurent v Commission (Rec 1997,p FP-IA-21,II-57) T-211/95; [1997] EUECJ T-211/95 5 Feb 1997 ECFI European [ Bailii ] Â Unifruit Hellas v Commission (Rec 1997,p I-727) (Order) C-51/95; [1997] EUECJ C-51/95P 5 Feb 1997 ECJ European [ Bailii ] Â Finanzamt Augsburg-Stadt v Marktgemeinde Welden C-247/95; [1997] EUECJ C-247/95 6 Feb 1997 ECJ European, VAT ECJ (Judgment) Tax provisions - Harmonization of laws - Turnover taxes - Common system of value added tax - Taxable persons - Bodies governed by public law - Activities in the exercise of public authority not taxable - Definition - Option for Member States to include activities exempted by virtue of Article 13 of the Sixth Directive, irrespective of the manner of their performance (Council Directive 77/388, Art. 4(5), fourth subpara.) The fourth subparagraph of Article 4(5) of the Sixth Directive 77/388 on the harmonization of the laws of the Member States relating to turnover taxes must be interpreted as permitting Member States to consider that the activities listed in Article 13 of the directive are carried out by bodies governed by publi [ Bailii ] Â Commission v Belgium (Rec 1997,p I-795) (Judgment) C-205/96; [1997] EUECJ C-205/96 6 Feb 1997 ECJ European [ Bailii ] Â Â Regina v Human Fertilisation and Embryology Authority ex parte DB; CA 6-Feb-1997 - Times, 07 February 1997; [1997] EWCA Civ 946; [1997] 2 WLR 806; [1997] EWCA Civ 3092; [1999] Fam 151; [1997] EWCA Civ 4003 Â de Jorio v Council (Rec 1997,p II-127) T-64/96; [1997] EUECJ T-64/96 6 Feb 1997 ECFI European [ Bailii ] Â Affatato v Commission T-157/96 19 Feb 1997 ECFI European Â Intertronic v Commission T-117/96; [1997] EUECJ T-117/96 19 Feb 1997 ECFI European [ Bailii ] Â Fontaine and others (Rec 1997,p I-967) (Judgment) C-128/95; [1997] EUECJ C-128/95 20 Feb 1997 ECJ European [ Bailii ] Â MSG v Les Gravieres Rhenanes (Rec 1997,p I-911) (Judgment) C-106/95 20 Feb 1997 ECJ European Â Bundesverband der Bilanzbuchhalter v Commission (Rec 1997,p I-947) (Judgment) C-107/95; [1997] EUECJ C-107/95P 20 Feb 1997 ECJ European [ Bailii ] Â Martinez Losada and others v Instituto Nacional de Empleo and Instituto Nacional de la Seguridad Social (Rec 1997,p I-869) (Judgment) C-88/95; [1997] EUECJ C-88/95 20 Feb 1997 ECJ European [ Bailii ] Â Commission v Daffix (Rec 1997,p I-983) (Judgment) C-166/95; [1995] EUECJ C-166/95P 20 Feb 1997 ECJ European [ Bailii ] Â IDE v Commission (Rec 1997,p I-003) (Judgment) C-114/94; [1997] EUECJ C-114/94 20 Feb 1997 ECJ European [ Bailii ] Â Commission v Belgium (Rec 1997,p I-1035) (Judgment) C-344/95; [1997] EUECJ C-344/95 20 Feb 1997 ECJ European [ Bailii ] Â Commission v Belgium (Rec 1997,p I-1061) (Judgment) C-135/96; [1997] EUECJ C-135/96 20 Feb 1997 ECJ European [ Bailii ] Â Commissioners of Customs and Excise v DFD A/S Times, 24 February 1997; C-260/95; [1997] EUECJ C-260/95 24 Feb 1997 ECJ VAT, European ECJ Article 26(2) of the Sixth Directive 77/388 on the harmonization of the laws of the Member States relating to turnover taxes is to be interpreted as meaning that, where a tour operator established in one Member State provides services to travellers through the intermediary of a company operating as an agent in another Member State, VAT is payable on those services in the latter State if that company, which acts as a mere auxiliary organ of the tour operator, has the human and technical resources characteristic of a fixed establishment. Although the place where a supplier's business is established is the main fiscal point of reference, that reference would not lead to a rational result in that it takes no account of the actual place where the tours are marketed. On the other hand, the alternative approach of levying tax at the place of the fixed establishment from which those services are supplied, because it takes account of the possible diversification of travel agents' activities in different places within the Community and avoids the distortions of competition which might arise from reliance on the place where the supplier has established his business, in that undertakings trading in a Member State might be encouraged to establish their businesses in a Member State in which the services in question were exempted, is based on the actual economic situation, which constitutes a fundamental criterion for the application of the common system of value added tax. [ Bailii ] Â Mainschiffahrts-Genossenschaft Eg (Msg) v Les Gravieres Rhenanes Sarl Times, 25 February 1997; C-106/95; [1997] EUECJ C-106/95 25 Feb 1997 ECJ International, European Jurisdiction on contract of international trade chosen by explicit term. Brussels Convention 1968 [ Bailii ] Â Kernkraftwerke Lippe-Ems v Commission (Rec 1997,p II-161) T-149/94; [1997] EUECJ T-149/94 25 Feb 1997 ECFI European [ Bailii ] Â CAS Succhi di Frutta v Commission (Rec 1997,p II-211) T-191/96 26 Feb 1997 ECFI European Â Bastos Moriana and others (Rec 1997,p I-1071) (Judgment) C-59/95; [1997] EUECJ C-59/95 27 Feb 1997 ECJ European [ Bailii ] Â FFSA and others v Commission (Rec 1997,p II-229) T-106/95; [1997] EUECJ T-106/95 27 Feb 1997 ECFI European [ Bailii ] Â Van den Boogaard v Laumen C-220/95; [1997] ECR I-1147; [1997] QB 759; 1997] 3 WLR 284; [1997] ILPr 278 27 Feb 1997 ECJ European, Family ECJ If the reasoning of a decision rendered in divorce proceedings shows that the provision which it awards is designed to enable one spouse to provide for himself or herself, or if the needs and resources of each of the spouses are taken into consideration in the determination of its amount, the decision will be concerned with maintenance, and will therefore fall within the scope of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial matters, as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland and by the Convention of 25 October 1982 on the Accession of the Hellenic Republic. On the other hand, where the provision awarded is solely concerned with dividing property between the spouses, the decision will be concerned with rights in property arising out of a matrimonial relationship and will not therefore be enforceable under the Brussels Convention. A decision which does both these things may, in accordance with Article 42 of the Brussels Convention, be enforced in part if it clearly shows the aims to which the different parts of the judicial provision correspond. It follows that a decision rendered in divorce proceedings ordering payment of a lump sum and transfer of ownership in certain property by one party to his or her former spouse must be regarded as relating to maintenance and therefore as falling within the scope of the Convention if its purpose is to ensure the former spouse's maintenance. The fact that in its decision the court of origin disregarded a marriage contract is of no account in this regard. 1 Citers [ Bailii ] Â Ebony Maritime SA and Loten Navigation Co. Ltd v Prefetto della Provincia di Brindisi and others C-177/95; [1997] EUECJ C-177/95 27 Feb 1997 ECJ European Europa It follows from the wording of Articles 9 and 10 of Regulation No 990/93 concerning trade between the European Economic Community and the Federal Republic of Yugoslavia that the detention and confiscation measures for which they provide apply to all vessels suspected of having breached the prohibition of entry for commercial purposes into the territorial sea of the Federal Republic of Yugoslavia, with no distinction being drawn on the basis of the vessel's flag or owner. Further, the application of those measures is not subject to the condition that the breach of the prohibitions set out in the Regulation should take place within Community territory. The competent authorities of the Member State concerned must therefore, under Article 9 of the Regulation, detain all vessels suspected of having breached the sanctions imposed against the Federal Republic of Yugoslavia, even if they are flying the flag of a non-member country, belong to non-Community nationals or companies, or if the alleged breach of sanctions occurred outside Community territory. Likewise, national authorities may, under the second paragraph of Article 10 of the Regulation, confiscate those vessels and their cargoes once the infringement has been established. Furthermore, Paragraph 25 of Resolution 820 (1993) of the United Nations Security Council, to which Articles 9 and 10 of the Regulation give effect within the Community, expressly requires all States to detain vessels suspected of violation that are found in their territory and provides that such vessels may, where appropriate, be forfeited to those States. Since, under Article 11, Regulation No 990/93 applies within the whole territory of the Community, Articles 9 and 10 thereof are applicable once those vessels are within the territory of a Member State and thus under the territorial jurisdiction of that State, even if the alleged infringement occurred outside its territory. 1 Citers [ Bailii ] Â Comafrica and Dole Fresh Fruit Europe v Commission (Rec 1997,p II-291) T-6/97; [1997] EUECJ T-6/97 3 Mar 1997 ECFI European [ Bailii ] Â U v W (Attorney-General Intervening) Gazette, 19 March 1997; Times, 04 March 1997; [1998] Fam 29; [1997] 2 FLR 282 4 Mar 1997 FD Wilson J Health, Health Professions, European The restriction on the freedom to provide human fertility treatment to licensees of the Authority was not a breach of the EU treaty. There is a particular need for certainty in provisions affecting the status of a child. There is a mental element inherent in the notion of 'treatment together' and if the respondent had believed at all material times that the treatment which was being provided in which his sperm alone was to be used, the treatment of the applicant with donor sperm would not have amounted to services provided for them together. The test is not whether the man consented either to be deemed in law to be the father of the prospective child or to become legally responsible for him. The subsection concentrates on what would be expected of unmarried couples in a stable relationship who are seeking to bring a child into being jointly as their child. The test which it adopts is whether the relevant treatment services were provided for the woman and the man together. "In my view what has to be demonstrated is that, in the provision of treatment services with donor sperm, the doctor was responding to a request for that form of treatment made by the woman and the man as a couple, notwithstanding the absence in the man of any physical role in such treatment." Human Fertilisation and Embryology Act 1990 28(3) - Children Act 1989 1 Citers Â Rozand-Lambiotte v Commission (Rec 1997,p FP-IA-35,II-97) T-96/95; [1997] EUECJ T-96/95 5 Mar 1997 ECFI European [ Bailii ] Â WWF UK v Commission T-105/95; [1997] EUECJ T-105/95 5 Mar 1997 ECFI European [ Bailii ] Â de Kerros and Kohn-Berge v Commission T-40/96; [1997] EUECJ T-40/96 6 Mar 1997 ECFI European [ Bailii ] Â Commission v France (Rec 1997,p I-1221) (Order) C-23/96; [1997] EUECJ C-23/96 6 Mar 1997 ECJ European [ Bailii ] Â Galtieri v Parliament (Rec 1997,p I-1229) (Order) C-150/96; [1997] EUECJ C-150/96P 6 Mar 1997 ECJ European [ Bailii ] Â Bernardi v Parliament (Rec 1997,p I-1239) (Order) C-303/96; [1997] EUECJ C-303/96P 6 Mar 1997 ECJ European [ Bailii ] Â Linthorst, Pouwels en Scheres v Inspecteur der Belastingdienst/Ondernemingen Roermond (Rec 1997,p I-1195) (Judgment) C-167/95; [1997] EUECJ C-167/95 6 Mar 1997 ECJ European [ Bailii ] Â Commission v Union internationale des chemins de fer (Rec 1997,p I-1287) (Judgment) C-264/95; [1997] EUECJ C-264/95P 11 Mar 1997 ECJ European [ Bailii ] Â ENU v Commission (Rec 1997,p I-1329) (Judgment) C-357/95; [1997] EUECJ C-357/95P 11 Mar 1997 ECJ European [ Bailii ] Â Suzen v Zehnacker Gebaudereinigung Krankenhausservice (Judgment) Times, 26 March 1997; C-13/95; [1997] IRLR 255; [1997] EUECJ C-13/95; [1997] ICR 662 11 Mar 1997 ECJ European, Employment A transfer of a contract to provide business services, without the transfer of significant assets was not a transfer of an undertaking within the Directive. Nevertheless the transfer of tangible assets was only one factor among several. Council Directive 77/187/EEC 1 Citers [ Bailii ] Â Commission v Luxembourg (Rec 1997,p I-1279) (Order) C-46/95; [1997] EUECJ C-46/95 11 Mar 1997 ECJ European [ Bailii ] Â Directeur general des douanes and droits indirects v Eridania Beghin-Say C-103/96; [1997] EUECJ C-103/96 13 Mar 1997 ECJ European ECJ (Judgment) 1 Acts of the institutions - Regulations - Basic regulations and implementing regulations - Scope of power of implementation - Limits - Implementing rules introducing, in relation to inward processing, a condition for recourse to equivalent compensation not laid down in the basic regulation - Lawful (Council Regulations Nos 1999/85, Art. 2(4), and 3677/86, Art. 9) 2 Free movement of goods - Trade with non-member countries - Inward processing arrangements - Equivalent compensation - Conditions - Classification of goods under the same tariff subheading - Breach of the principles of proportionality, protection of legitimate expectations and legal certainty - None (Council Regulation No 3677/86, Art. 9) 3 In adopting provisions for the implementation of a basic regulation, the Community authority empowered to do so is required not to exceed the powers conferred upon it by that regulation for the implementation of the rules which it contains. The fact that Article 9 of Regulation No 3677/86, adopted under the Regulatory Committee procedure for implementation of the basic regulation, Regulation No 1999/85 on inward processing relief arrangements, introduced, for recourse to equivalent compensation to be available under those arrangements, the condition that the equivalent goods must fall under the same Common Customs Tariff subheading as the import goods, whereas the basic regulation merely requires that the former should be of the same quality and display the same characteristics as the latter, does not mean that those powers were exceeded. First, Article 2(4) of the basic regulation provides that the implementing measures to be adopted under the habilitation procedure may be designed to prohibit or limit recourse to the equivalent compensation system, which derogates from the inward processing arrangements. Second, the requirement of classification under the same subheading gives effect to the criterion, which as well as being clear and precise and capable of contributing to the attainment of the objective of precluding abuse of inward processing arrangements expressly referred to by the basic regulation, cannot be regarded as conflicting with the general objective of those arrangements, namely to promote exports by Community undertakings. 4 The condition for recourse to equivalent compensation under the inward processing relief arrangements introduced by Article 9 of Regulation No 3677/86 to the effect that the equivalent goods must fall under the same Common Customs Tariff subheading as the import goods is not manifestly disproportionate in relation to the objective of combating fraud which it pursued and therefore does not constitute a breach of the principle of proportionality. Nor does it breach the principle of the protection of legitimate expectations and legal certainty since, although relying on a criterion deriving from other rules, which are by their nature liable to be periodically amended, it places economic operators in a position such that they are able at any time to determine clearly and precisely whether or not equivalent compensation is available. [ Bailii ] Â Astir v Elliniko Dimosis (Rec 1997,p I-1385) (Judgment) C-109/95; [1997] EUECJ C-109/95 13 Mar 1997 ECJ European [ Bailii ] Â Morellato v USL no 11 di Pordenone (Rec 1997,p I-1431) (Judgment) C-358/95; [1997] EUECJ C-358/95 13 Mar 1997 ECJ European [ Bailii ] Â Huijbrechts v Commissie voor de behandeling van administratieve geschillen ingevolge artikel 41 der Algemene Bijstandswet in de provincie Noord-Brabant C-131/95; [1997] EUECJ C-131/95 13 Mar 1997 ECJ European [ Bailii ] Â Commission v France [1997] ECR I-1489; C-197/96; [1997] EUECJ C-197/96 13 Mar 1997 ECJ European, Constitutional ECJ (Judgment) 1 Member States - Obligations - Failure to fulfil obligations - Retention of a national provision incompatible with Community law - Justification on the basis of administrative practices ensuring that the Treaty is applied - Not permissible 2 Acts of the institutions - Directives - Implementation by the Member States - Directive intended to confer rights on individuals - Transposition without legislative action - Not permissible 3 The incompatibility of national legislation with Community provisions, even provisions which are directly applicable, can be finally remedied only by means of national provisions of a binding nature which have the same legal force as those which must be amended. Mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of obligations under the Treaty. 4 The provisions of a directive must be implemented with unquestionable binding force and with the specificity, precision and clarity required in order to satisfy the requirement of legal certainty, under which, in the case of a directive intended to confer rights on individuals, persons concerned must be enabled to ascertain the full extent of their rights. That is not the case where, because a legislative provision incompatible with a provision in a directive has been retained, individuals are in a position of uncertainty as to their legal situation and exposed to unwarranted criminal proceedings. Neither the obligation for national courts to secure the full effect of Article 5 of the directive by not applying any contrary national provision, nor a ministerial answer to a parliamentary question can have the effect of amending a statutory provision. [ Bailii ] Â Arbeitsgemeinschaft Deutscher Luftfahrt-Unternehmen and Hapag-Lloyd v Commission T-25/96; [1997] EUECJ T-25/96 14 Mar 1997 ECFI European ECFI Actions for annulment of measures - Action challenging a decision - Contested decision repealed in the course of the proceedings on account of clerical errors and a new, substantively identical decision adopted - Application rendered devoid of purpose - No need to proceed to judgment where the applicant has no interest in obtaining annulment When, on account of clerical error in a decision which is being contested in an action for annulment, a Community institution repeals that decision in the course of the proceedings in order to replace it with a new decision which is substantively identical, that repeal renders the application devoid of purpose and it is not necessary for the case to proceed to judgment unless the applicant can establish an interest in obtaining its annulment. [ Bailii ] Â Calì and Figli v Servizi Ecologici Porto di Genova (Rec 1997,p I-1547) (Judgment) C-343/95; [1997] EUECJ C-343/95 18 Mar 1997 ECJ European [ Bailii ] Â Picciolo and Calo v Committee of Regions (Rec 1997,p FP-IA-51,II-155) T-178/95; [1997] EUECJ T-178/95 18 Mar 1997 ECFI European [ Bailii ] Â Rasmussen v Commission (Rec 1997,p FP-IA-61,II-187) T-35/96; [1997] EUECJ T-35/96 18 Mar 1997 ECFI European [ Bailii ] Â Guerin automobiles v Commission (Rec 1997,p I-1503) (Judgment) C-282/95; [1997] EUECJ C-282/95P 18 Mar 1997 ECJ European [ Bailii ] Â UEAPME v Council (Rec 1997,p II-373) T-135/96 18 Mar 1997 ECFI European Â Giannini v Commission (Rec 1997,p FP-IA-69,II-211) T-21/96; [1997] EUECJ T-21/96 19 Mar 1997 ECFI European [ Bailii ] Â Oliveira v Commission (Rec 1997,p II-381) T-73/95; [1997] EUECJ T-73/95 19 Mar 1997 ECFI European [ Bailii ] Â Â Bic Benelux v Belgian State; ECJ 20-Mar-1997 - C-13/96; [1997] EUECJ C-13/96 Â Commission v Germany (Rec 1997,p I-1653) (Judgment) C-96/95; [1997] EUECJ C-96/95 20 Mar 1997 ECJ European [ Bailii ] Â Â Phytheron International v Bourdon; ECJ 20-Mar-1997 - [1997] ECR I-1729; C-352/95; [1997] EUECJ C-352/95 Â Farrell v Long (Judgment) C-295/95; [1997] EUECJ C-295/95 20 Mar 1997 ECJ European ECJ 1 Convention on Jurisdiction and the Enforcement of Judgments - Protocol on the interpretation of the Convention by the Court of Justice - Preliminary rulings - Jurisdiction of the Court - Limits (Convention of 27 September 1968; Protocol of 3 June 1971) 2 Convention on Jurisdiction and the Enforcement of Judgments - Rules on jurisdiction - Autonomous interpretation - Special jurisdiction - Jurisdiction in matters relating to maintenance - Maintenance creditor - Definition (Convention of 27 September 1968, Art. 5(2)) 3 In the light of the division of responsibilities in the preliminary ruling procedure laid down by the Protocol of 3 June 1971 on the interpretation by the Court of Justice of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, it is solely for the national court before which the dispute has been brought, and which must assume the responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of each case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. 4 The terms of the Convention must, in principle, be interpreted autonomously. Such autonomous interpretation is alone capable of ensuring uniform application of the Convention, the objectives of which include unification of the rules on jurisdiction of the Contracting States, so as to avoid as far as possible multiplication of the bases of jurisdiction in relation to one and the same legal relationship, and reinforcement of the legal protection available to persons established in the Community by allowing both the plaintiff easily to identify the court before which he may bring an action and the defendant reasonably to foresee the court before which he may be sued. Those considerations also apply to the term `maintenance creditor' in the first limb of Article 5(2) of the Convention, which must be interpreted as covering any person applying for maintenance, including a person bringing a maintenance action for the first time, without any distinction being drawn between those already recognized and those not yet recognized as entitled to maintenance. [ Bailii ] Â Land Rheinland-Pfalz v Alcan Deutschland (Rec 1997,p I-1591) (Judgment) C-24/95; [1997] EUECJ C-24/95 20 Mar 1997 ECJ European [ Bailii ] Â Commission v Belgium (Rec 1997,p I-1781) (Judgment) C-294/96; [1997] EUECJ C-294/96 20 Mar 1997 ECJ European [ Bailii ] Â France v Commission (Rec 1997,p I-1627) (Judgment) C-57/95; [1997] EUECJ C-57/95 20 Mar 1997 ECJ European [ Bailii ] Â Hayes v Kronenberger (Rec 1997,p I-1711) (Judgment) C-323/95; [1997] EUECJ C-323/95 20 Mar 1997 ECJ European [ Bailii ] Â Antillean Rice Mills v Council T-41/97; [1997] EUECJ T-41/97 21 Mar 1997 ECFI European ECJ Applications for interim measures - Suspension of operation of a measure - Conditions for granting - Serious and irreparable damage - Financial loss - Limited duration of the contested measure (EC Treaty, Art. 185; Rules of Procedure of the Court of First Instance, Art. 104(2)) In the context of the examination of the urgency of a request for suspension of the operation of a measure, financial loss is in principle not considered to be serious and irreparable unless, in the event of the applicant's being successful in the main proceedings, it could not be wholly recouped. That might be so in particular where the damage threatened the very existence of the undertaking in question or where, once having occurred, it could not be quantified. Where the applicant has not demonstrated that it is in danger of suffering irreversible damage as a result of the application of the contested regulation, appropriate compensation could be awarded were the contested regulation to be annulled by the Court in the main proceedings, even if that regulation is applicable only for a limited period. The circumstance that a regulation had already been implemented and its period of application had expired would not deprive the applicant of adequate protection of its interests, since the institution concerned would have to take the necessary measures to comply with the judgment and might thus be required to take adequate steps to restore the applicant to its original situation or to avoid the adoption of an identical measure. [ Bailii ] Â Region wallonne v Commission (Rec 1997,p I-1787) (Order) C-95/97; [1997] EUECJ C-95/97 21 Mar 1997 ECJ European [ Bailii ] Â Netherlands v Council [2001] EUECJ C-110/97; C-110/97 21 Mar 1997 ECJ European [ Bailii ] Â British Coal v Commission T-367/94; [1997] EUECJ T-367/94 24 Mar 1997 ECFI European [ Bailii ] Â X v Parliament (Rec 1997,p FP-IA-75,II-225) T-119/96; [1997] EUECJ T-119/96 26 Mar 1997 ECFI European [ Bailii ] Â WWF-UK Supported by Kingdom of Sweden v Commissioner of European Communities Etc Times, 26 March 1997 26 Mar 1997 ECJ European Commission must give reasons for refusal of access to documents on infringement. ECTreaty 169 Â Regina v Ministry of Agriculture Fisheries and Food ex parte First City Trading Limited and Others [1997] EWHC Admin 334 26 Mar 1997 Admn European 1 Cites 1 Citers Â Â Regina v Secretary of State for Defence Ex Parte Perkins; CA 9-Apr-1997 - Gazette, 09 April 1997; Times, 08 April 1997 Â Terres Rouges and others v Commission (Rec 1997,p II-481) T-47/95; [1997] EUECJ T-47/95 9 Apr 1997 ECFI European [ Bailii ] Â Schroder and Thamann v Commission T-390/94; [1997] EUECJ T-390/94 15 Apr 1997 ECFI European [ Bailii ] Â Â Irish Farmers Association and others v Minister for Agriculture, Food and Forestry, Ireland and Attorney General; ECJ 15-Apr-1997 - C-22/94; [1997] EUECJ C-22/94; [1997] 2 CMLR 621; [1997] ECR I-1809 Â Daut v Oberkreisdirektor des Kreises Gutersloh (Rec 1997,p I-1877) (Judgment) C-105/95; [1997] EUECJ C-105/95 15 Apr 1997 ECJ European [ Bailii ] Â Bundesanstalt fur Landwirtschaft und Ernahrung v Deutsches Milch-Kontor C-272/95; [1997] EUECJ C-272/95 15 Apr 1997 ECJ European [ Bailii ] Â Spain v Commission C-292/95; [1997] EUECJ C-292/95 15 Apr 1997 ECJ European ECJ (Judgment) State aid - Examination by the Commission - Establishment of a framework on aid in an economic sector - Commission decision prolonging, with retroactive effect, the validity of the Community framework on State aid in an economic sector after its expiry - Obligation to obtain the agreement of the Member States (EC Treaty, Art. 93(1)) In order to prolong, with retroactive effect to the date of its expiry, the Community framework on State aid to the motor vehicle industry, adopted on the basis of Article 93(1) of the Treaty, the Commission is required to obtain the agreement of the Member States. Without any prolongation, the framework ceases to exist on the date on which it is set to expire, so that a decision to prolong it, adopted after expiry of the period of validity of the decision which it prolongs constitutes a modification of the existing legal situation and must be adopted according to the same procedure as that required for the adoption of the decision which established the original framework or of a decision making modifications to it. [ Bailii ] Â Woodspring District Council v Bakers of Nailsea (Rec 1997,p I-1847) (Judgment) C-27/95; [1997] EUECJ C-27/95 15 Apr 1997 ECJ European [ Bailii ] Â Kuchlenz-Winter v Commission (Rec 1997,p II-637,IA-79,II-235) T-66/95; [1997] EUECJ T-66/95 16 Apr 1997 ECFI European [ Bailii ] Â Fernandes Leite Mateus v Council (Rec 1997,p FP-IA-87,II-259) T-80/96; [1997] EUECJ T-80/96 16 Apr 1997 ECFI European [ Bailii ] Â Â Hartmann v Council and Commission; ECFI 16-Apr-1997 - T-20/94; [1997] EUECJ T-20/94 Â Connaughton and others v Council (Rec 1997,p II-549) T-541/93; [1997] EUECJ T-541/93 16 Apr 1997 ECFI European [ Bailii ] Â Saint and Murray v Council and Commission (Rec 1997,p II-563) T-554/93; [1997] EUECJ T-554/93 16 Apr 1997 ECFI European [ Bailii ] Â Campo Ebro Industrial and others v Council (Rec 1997,p I-2027) (Judgment) C-138/95; [1997] EUECJ C-138/95P 17 Apr 1997 ECJ European [ Bailii ] Â Dimossia Epicheirissi Ilektrismou v Evrenopoulos (Rec 1997,p I-2057) (Judgment) C-147/95; [1997] EUECJ C-147/95 17 Apr 1997 ECJ European [ Bailii ] Â Kadiman v Freistaat Bayern (Rec 1997,p I-2133) (Judgment) C-351/95; [1997] EUECJ C-351/95 17 Apr 1997 ECJ European [ Bailii ] Â EARL de Kerlast v Unicopa and Cooperative du Trieux (Rec 1997,p I-1961) (Judgment) C-15/95; [1997] EUECJ C-15/95 17 Apr 1997 ECJ European [ Bailii ] Â Burdalo Trevejo and others v Fondo de Garantia Salarial (Rec 1997,p I-2115) (Judgment) C-336/95; [1997] EUECJ C-336/95 17 Apr 1997 ECJ European [ Bailii ] Â Wunsche v Hauptzollamt Hamburg-Jonas (Rec 1997,p I-2091) (Judgment) C-274/95; [1997] EUECJ C-274/95 17 Apr 1997 ECJ European [ Bailii ] Â De Compte v Parliament C-90/95; [1997] EUECJ C-90/95P 17 Apr 1997 ECJ European [ Bailii ] Â The Queen v Secretary of State for Social Security, ex parte Sutton (Rec 1997,p I-2163) (Judgment) C-66/95; [1997] EUECJ C-66/95 22 Apr 1997 ECJ European [ Bailii ] Â Geotronics v Commission (Rec 1997,p I-2271) (Judgment) C-395/95; [1997] EUECJ C-395/95P 22 Apr 1997 ECJ European [ Bailii ] Â Road Air v Inspecteur der Invoerrechten en Accijnzen (Rec 1997,p I-2229) (Judgment) C-310/95; [1997] EUECJ C-310/95 22 Apr 1997 ECJ European [ Bailii ] Â Draehmpaehl v Urania Immobilienservice (Rec 1997,p I-2195) (Judgment) C-180/95 22 Apr 1997 ECJ European Â Regina v Secretary of State for Home Department ex parte Savas [1997] EWHC Admin 410 24 Apr 1997 Admn European, Immigration 1 Citers [ Bailii ] Â Koninklijke Vereeniging ter Bevordering van de Belangen des Boekhandels v Free Record Shop and Free Record Shop Holding C-39/96; [1997] EUECJ C-39/96 24 Apr 1997 ECJ European [ Bailii ] Â Moccia Irme v Commission (Rec 1997,p I-2327) (Order) C-89/97; [1997] EUECJ C-89/97P 30 Apr 1997 ECJ European [ Bailii ] Â Drachmpaehl v Urania Immobilienservice Ohg Times, 02 May 1997; C-180/95; [1997] EUECJ C-180/95 2 May 1997 ECJ Discrimination, European A three month time limit for compensation in national law for unequal treatment in employment matters was not a breach of the Directive. EC Treaty Art 177 [ Bailii ] Â Peugeot v Commission [1997] EUECJ T-90/96 2 May 1997 ECFI European ECJ 1 Actions for annulment - Actionable measures - Definition - Measures producing binding legal effects - Letter forming part of the first stage of the procedure laid down in Article 5 of Commission Decision 94/810 - Preparatory act (EC Treaty, Art. 173; Commission Decision 94/810, Art. 5) 2 Procedure - Action contesting a preparatory act - Adoption of a later measure - New fact permitting the form of order sought to be adjusted - No such fact (Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) 3 Any measure the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position is an act or decision which may be the subject of an action under Article 173 for a declaration that it is void. In the case of acts or decisions adopted by a procedure involving several stages, in principle a measure is actionable only if it definitively lays down the institution's position on the conclusion of that procedure, and is not a provisional measure intended to pave the way for the final decision. No action lies against letters informing the applicant - in the context of the procedure laid down by Article 5 of Commission Decision 94/810 on the terms of reference of hearing officers in competition procedures before the Commission - that the Commission does not share its point of view regarding the information which it maintains is protected by business secrecy and that the Commission is ready to communicate to the complainants more information than the applicant wishes, and allowing the applicant time in which to submit its comments to the hearing officer. 4 Pursuant to Article 44(1)(c) of the Rules of Procedure, an applicant must state the subject-matter of the dispute in the application and cannot seek new forms of order during the proceedings, thereby altering the subject-matter of the action. Where the initial application is directed against an interim step, it is inadmissible, by adjusting the form of order sought, to seek annulment of a final decision which has been adopted subsequently, that is, after the action was brought. [ Bailii ] Â Guerin automobiles v Commission (Rec 1997,p II-679) T-195/95; [1997] EUECJ T-195/95 6 May 1997 ECFI European [ Bailii ] Â Quijano v Commission (Rec 1997,p FP-IA-91,II-273) T-169/95; [1997] EUECJ T-169/95 6 May 1997 ECFI European [ Bailii ] Â Moksel v Hauptzollamt Hamburg-Jonas C-223/95; [1997] EUECJ C-223/95 7 May 1997 ECJ European (Judgment) [ Bailii ] Â Criminal proceedings against Pistre and others C-321/94; [1997] EUECJ C-321/94 7 May 1997 ECJ European (Judgment) [ Bailii ] Â Germany v Parliament and Council C-233/94 [1997] EUECJ C-233/94 13 May 1997 ECJ European (Judgment) [ Bailii ] Â Florimex and VGB v Commission (Rec 1997,p II-693) T-70/92; [1997] EUECJ T-70/92 14 May 1997 ECFI European [ Bailii ] Â VGB and others v Commission (Rec 1997,p II-759) T-77/94; [1997] EUECJ T-77/94 14 May 1997 ECFI European [ Bailii ] Â N v Commission (Rec 1997,p FP-IA-97,II-289) T-273/94; [1997] EUECJ T-273/94 15 May 1997 ECFI European [ Bailii ] Â Berthu v Commission (Rec 1997,p II-811) T-175/96; [1997] EUECJ T-175/96 15 May 1997 ECFI European [ Bailii ] Â TWD v Commission (Rec 1997,p I-2549) (Judgment) C-355/95; [1997] EUECJ C-355/95P 15 May 1997 ECJ European [ Bailii ] Â Siemens v Commission (Rec 1997,p I-2507) (Judgment) C-278/95; [1997] EUECJ C-278/95P 15 May 1997 ECJ European [ Bailii ] Â Bioforce v Oberfinanzdirektion Munchen C-405/95; [1997] EUECJ C-405/95 15 May 1997 ECJ European, Customs and Excise Europa The Common Customs Tariff is to be interpreted as meaning that Echinacea purpurea extract-based drops should be classified under heading 3004. The curative or prophylactic properties of that product as well as the way in which it is packaged, dispensed and marketed are in themselves such as to cause it to be regarded as a product possessing the characteristic properties of a medicament. In the Member States in which it is marketed the product in question is, moreover, authorized to be put on the market as a medicament or, at the very least, has been the subject of an application for authorization to that end. Furthermore, however great the alcohol content of the product in question it does not alter its nature, since the alcohol acts as an adjuvant, preservative and vehicle for that product. [ Bailii ] Â Barbara Adams and others v Lancashire County Council Bet Catering Services Limited Times, 19 May 1997; [1997] EWCA Civ 1699 15 May 1997 CA Employment, European The acquired rights directive does not protect pension rights which might be acquired after the transfer of an undertaking. It can only safeguard rights existing at the time of the transfer. Council Directive 77/187/EEC [ Bailii ] Â Futura Participations and Singer v Administration des contributions C-250/95; [1997] EUECJ C-250/95 15 May 1997 ECJ European ECJ (Judgment) 1 Freedom of movement for persons - Freedom of establishment - Equal treatment - Direct taxation - Revenue tax - Legislation of a Member State making the carrying forward of losses incurred by a non-resident taxpayer subject to the existence of an economic link between those losses and the income earned in that Member State - Whether permissible - Conditions (EEC Treaty, Art. 52) 2 Freedom of movement for persons - Freedom of establishment - Procedural rules concerning revenue tax - Restrictions - Legislation of a Member State making the carrying forward of losses incurred by a non-resident taxpayer subject to the keeping and holding, in that Member State, of accounts complying with national rules - Not permissible - Justification on grounds of public interest - Effectiveness of fiscal supervision - Obligation for the taxpayer to demonstrate clearly and precisely that the losses declared correspond to the losses actually incurred - Whether permissible (EEC Treaty, Art. 52) 3 Article 52 of the Treaty does not preclude a Member State from making the carrying forward of previous losses, requested by a taxpayer which has a branch in its territory but is not resident there, subject to the condition that the losses must be economically linked to the income earned in that State, provided that resident taxpayers do not receive more favourable treatment. 4 Article 52 of the Treaty precludes a Member State from making the carrying forward of previous losses, requested by a taxpayer which has a branch in its territory but is not resident there, subject to the condition that, in the year in which he incurred those losses, he must have kept and held in that Member State accounts relating to his activities carried on there which comply with its relevant national rules. Such a condition may constitute a restriction, within the meaning of Article 52 of the Treaty, on the freedom of establishment of companies or firms which wish to establish a branch in a Member State different from that in which they have their seat, in that it requires them to keep and to hold, at the place where the branch is established and in addition to their own accounts which must comply with the tax accounting rules applicable in the Member State in which they have their seat, separate accounts for the branch's activities, complying with the tax accounting rules applicable in the State in which the branch is established. Although that condition may be justified by a pressing reason of public interest, namely the effectiveness of fiscal supervision, it is not essential, in this regard, that the means by which the non-resident taxpayer is allowed to demonstrate the amount of the losses he seeks to carry forward be limited to those provided for by the national legislation concerned. However, a Member State may, for that pressing reason of public interest, require the non-resident taxpayer to demonstrate clearly and precisely that the amount of the losses which he claims to have incurred corresponds, under its domestic rules governing the calculation of income and losses which were applicable in the financial year concerned, to the amount of the losses actually incurred by the taxpayer in that State. [ Bailii ] Â Regina v Environment Agency ex parte Dockgrange Limited and Mayer Parry Limited [1997] EWHC Admin 495; [1999] ENVLR 489 22 May 1997 Admn Carnwath J Environment, Licensing, European The verb "discard" in the Waste Framework Directive has a special and limited meaning which requires the materials to be subjected to a disposal or recovery operation. Carnwath J said: "The general concept is now reasonably clear. The term discard is used in a broad sense equivalent to 'get rid of'. The phrase get rid of" is concerned with materials which have ceased to be required for their original purpose, normally because they are unsuitable, unwanted or surplus to requirements. That broad category is however limited by the context, which shows that the purpose is to control disposal and recovery of such material. Accordingly, materials which are to be reused (rather than finally disposed of) but which do not require any recovery operation before being put to their new use, are not treated as waste." and "Insofar as the discarded materials do not require any recovery operation, they are not treated as waste at all. Insofar as they do require recovery operations, they remain waste until those recovery operations are complete." Council Directive 75/442/EEC - Trans-frontier Shipment of Waste Regulations 1994 1 Citers [ Bailii ] Â Burban v Parliament (Rec 1997,p FP-IA-109,II-331) T-59/96; [1997] EUECJ T-59/96 28 May 1997 ECFI European [ Bailii ] Â Proderec v Commission (Rec 1997,p II-823) T-145/95; [1997] EUECJ T-145/95 28 May 1997 ECFI European [ Bailii ] Â Kremzow v Republik Osterreich ECLI:EU:C:1997:254; [1997] EUECJ C-299/95; [1997] ECR I-2629; [1997] 3 CMLR 1289 29 May 1997 ECJ European ECJ (Judgment) Where national legislation is concerned with a situation which does not fall within the field of application of Community law, the Court cannot, in a reference for a preliminary ruling, give the interpretative guidance necessary for the national court to determine whether that national legislation is in conformity with the fundamental rights whose observance the Court ensures, such as those deriving in particular from the Convention for the Protection of Human Rights and Fundamental Freedoms. Accordingly, provisions of national law not designed to secure compliance with rules of Community law are concerned with a situation which does not fall within the field of application of Community law even though a term of imprisonment imposed by virtue of those provisions may impede the person concerned from exercising his right to freedom of movement, since a purely hypothetical prospect of exercising that right does not establish a sufficient connection with Community law to justify the application of Community provisions. [ Bailii ] Â British Steel v Commission T-89/96 29 May 1997 ECFI European Â H v Commission (Rec 1997,p FP-IA-133,II-403) T-196/95; [1997] EUECJ T-196/95 3 Jun 1997 ECFI European [ Bailii ] Â Merck and others v Commission (Rec 1997,p II-849) T-60/96; [1997] EUECJ T-60/96 3 Jun 1997 ECFI European [ Bailii ] Â Celestini v Saar-Sektkellerei Faber (Rec 1997,p I-2971) (Judgment) C-105/94; [1997] EUECJ C-105/94 5 Jun 1997 ECJ European [ Bailii ] Â VAG-Handlerbeirat eV v SYD-Consult (Rec 1997,p I-3123) (Judgment) C-41/96; [1997] EUECJ C-41/96 5 Jun 1997 ECJ European [ Bailii ] Â VT4 v Vlaamse Gemeenschap (Rec 1997,p I-3143) (Judgment) C-56/96; [1997] EUECJ C-56/96 5 Jun 1997 ECJ European [ Bailii ] Â Land Nordrhein-Westfalen v Uecker and Jacquet v Land Nordrhein-Westfalen (Rec 1997,p I-3171) (Judgment) C-64/96; [1997] EUECJ C-64/96 5 Jun 1997 ECJ European [ Bailii ] Â Commission v France (Rec 1997,p I-3201) (Judgment) C-223/96; [1997] EUECJ C-223/96 5 Jun 1997 ECJ European [ Bailii ] Â SDC v Skatteministeriet (Rec 1997,p I-3017) (Judgment) C-2/95; [1997] EUECJ C-2/95 5 Jun 1997 ECJ European [ Bailii ] Â Commission v Spain (Rec 1997,p I-3193) (Judgment) C-107/96; [1997] EUECJ C-107/96 5 Jun 1997 ECJ European [ Bailii ] Â Syndesmos ton en Elladi Touristikon kai Taxidiotikon Grafeion v Ypourgos Ergasias (Rec 1997,p I-3091) (Judgment) C-398/95; [1997] EUECJ C-398/95 5 Jun 1997 ECJ European [ Bailii ] Â Kol v Land Berlin (Rec 1997,p I-3069) (Judgment) C-285/95; [1997] EUECJ C-285/95 5 Jun 1997 ECJ European [ Bailii ] Â Elf Atochem v Commission (Rec 1997,p II-909) T-9/97; [1997] EUECJ T-9/97 9 Jun 1997 ECFI European [ Bailii ] Â Parliament v Council (Rec 1997,p I-3213) (Judgment) C-392/95; [1997] EUECJ C-392/95 10 Jun 1997 ECJ European [ Bailii ] Â Carbajo Ferrero v Parliament (Rec 1997,p FP-IA-141,II-429) T-237/95; [1997] EUECJ T-237/95 12 Jun 1997 ECFI European [ Bailii ] Â Commission v Ireland (Rec 1997,p I-3327) (Judgment) C-151/96; [1997] EUECJ C-151/96 12 Jun 1997 ECJ European [ Bailii ] Â Commission v Germany (Rec 1997,p I-3317) (Judgment) C-138/96; [1997] EUECJ C-138/96 12 Jun 1997 ECJ European [ Bailii ] Â Merino Garcia v Bundesanstalt fur Arbeit (Rec 1997,p I-3279) (Judgment) C-266/95; [1997] EUECJ C-266/95 12 Jun 1997 ECJ European [ Bailii ] Â Kramer v Commission (Rec 1997,p FP-IA-151,II-463) T-104/96; [1997] EUECJ T-104/96 12 Jun 1997 ECFI European [ Bailii ] Â Tierce Ladbroke v Commission T-504/93; [1997] EUECJ T-504/93 12 Jun 1997 ECFI European [ Bailii ] Â Yamanouchi Pharmaceutical v Comptroller-General of Patents, Designs and Trade Marks (Rec 1997,p I-3251) (Judgment) C-110/95; [1997] EUECJ C-110/95 12 Jun 1997 ECJ European [ Bailii ] Â TEAM and Centralne Biuro Projektowo-Badawcze Budownictwa Kolejowego v Commission (Rec 1997,p II-983) T-13/96 13 Jun 1997 ECFI European Â National Power and PowerGen v British Coal and Commission (Order) C-151/97; [1997] EUECJ C-151/97P; [1997] EUECJ C-151/97P; [1997] EUECJ C-151/97 17 Jun 1997 ECJ European [ Bailii ] - [ Bailii ] - [ Bailii ] Â Fabrica de Queijo Eru Portuguesa v Alfandega de Lisboa (Rec 1997,p I-3441) (Judgment) C-164/95; [1997] EUECJ C-164/95 17 Jun 1997 ECJ European [ Bailii ] Â The Queen v Secretary of State for the Home Department, ex parte Shingara and Radiom (Rec 1997,p I-3343) (Judgment) C-65/95; [1997] EUECJ C-65/95 17 Jun 1997 ECJ European [ Bailii ] Â Codiesel v Conselho Tecnico Aduaneiro C-105/96; [1997] EUECJ C-105/96 17 Jun 1997 ECJ European, Customs and Excise (Judgment) Common Customs Tariff - Tariff headings - Electrical apparatus constituting an 'uninterruptible power supply' - Classification in the Nomenclature of the Common Customs Tariff [ Bailii ] Â Sodemare and others v Regione Lombardia (Rec 1997,p I-3395) (Judgment) C-70/95; [1997] EUECJ C-70/95 17 Jun 1997 ECJ European [ Bailii ] Â Forcat Icardo v Commission (Rec 1997,p FP-IA-159,II-485) T-73/96; [1997] EUECJ T-73/96 19 Jun 1997 ECFI European [ Bailii ] Â Chaves da Fonseca Ferrao v OHMI (Rec 1997,p II-1049) T-159/97; [1997] EUECJ T-159/97 19 Jun 1997 ECFI European [ Bailii ] Â Air Inter v Commission (Rec 1997,p II-997) T-260/94; [1997] EUECJ T-260/94 19 Jun 1997 ECFI European [ Bailii ] Â Regina v Secretary of State for the Home Department Ex Parte Shingara; Regina v Same, Ex Parte Radiom Times, 23 June 1997 23 Jun 1997 ECJ Immigration, European Requirement that individual refused entry have same rights as member state was satisfied by giving same remedies to all. ECTreaty 177 Â Futura Participations Sa and Another v Administration Des Contributions Times, 23 June 1997 23 Jun 1997 ECJ Income Tax, European Member state may validly restrict tax losses to those incurred in business activities within its own borders. ECTreaty Art 52 Â Criminal proceedings against Kieffer and Thill (Rec 1997,p I-3629) (Judgment) C-114/96; [1997] EUECJ C-114/96 25 Jun 1997 ECJ European [ Bailii ] Â Commission v Italy (Rec 1997,p I-3605) (Judgment) C-45/95; [1997] EUECJ C-45/95 25 Jun 1997 ECJ European [ Bailii ] Â Euro Tombesi, Santella etc C-342/94; [1997] EUECJ C-342/94 25 Jun 1997 ECJ G.F. Mancini, P European, Environment, Crime ECJ (Environment And Consumers) Waste - Definition - Council Directives 91/156/EEC and 91/689/EEC - Council Regulation (EEC) No 259/93 Council Regulation (EEC) No 259/93 - Council Directive 91/156/EEC - Council Directive 91/689/EEC 1 Citers [ Bailii ] Â Criminal proceedings against Tombesi and others [1997] ECR 1-3561; [1998] Env LR 59; C-304/94; [1997] EUECJ C-304/94 25 Jun 1997 ECJ Mancini, P European, Environment ECJ Waste - Definition - Council Directives 91/156/EEC and 91/689/EEC - Council Regulation (EEC) No 259/93 Waste includes substances discarded by their owners, even if they ''have a commercial value and are collected on a commercial basis for recycling, reclamation or re-use''. Council Regulation (EEC) No 259/93 - Council Directive 91/156/EEC - Council Directive 91/689/EEC 1 Cites 1 Citers [ Bailii ] Â Mora Romero v Landesversicherungsanstalt Rheinprovinz (Rec 1997,p I-3659) (Judgment) C-131/96; [1997] EUECJ C-131/96 25 Jun 1997 ECJ European [ Bailii ] Â Perillo v Commission (Rec 1997,p II-1061) T-7/96; [1997] EUECJ T-7/96 25 Jun 1997 ECFI European [ Bailii ] Â Italy v Commission C-285/94 [1997] EUECJ C-285/94 25 Jun 1997 ECJ European (Judgment) [ Bailii ] Â Vereinigte Familiapress Zeitungsverlags- und vertriebs GmbH v Bauer Verlag C-368/95; [1997] EUECJ C-368/95; [1997] ECR 1-3689 26 Jun 1997 ECJ European Europa The application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States, so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States. That is not the case where the legislation of a Member State prohibits the sale on its territory of periodicals containing games or competitions for prizes. Even though such legislation is directed against a method of sales promotion, it bears on the actual content of the products, in so far as the competitions in question form an integral part of the magazine in which they appear, and cannot be concerned with a selling arrangement. Moreover, since it requires traders established in other Member States to alter the contents of the periodical, the prohibition at issue impairs access of the product concerned to the market of the Member State of importation and consequently hinders free movement of goods. It therefore constitutes in principle a measure having equivalent effect within the meaning of Article 30 of the Treaty. Where a Member State relies on overriding requirements, such as maintaining press diversity, under Article 30 of the Treaty in order to justify rules which are likely to obstruct the exercise of free movement of goods, such justification must also be interpreted in the light of the general principles of law and in particular of fundamental rights. Those rights include freedom of expression, as enshrined in Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. A prohibition on selling publications which offer the chance to take part in prize competitions may, in that context, detract from freedom of expression. Article 10 does, however, permit derogations from that freedom for the purposes of maintaining press diversity, in so far as they are prescribed by law and necessary in a democratic society. Article 30 of the EC Treaty is to be interpreted as not precluding application of legislation of a Member State the effect of which is to prohibit the distribution on its territory by an undertaking established in another Member State of a periodical produced in that latter State containing prize puzzles or competitions which are lawfully organized in that State, provided that that prohibition is proportionate to maintenance of press diversity and that that objective cannot be achieved by less restrictive means. This assumes, inter alia, that the newspapers offering the chance of winning a prize in games, puzzles or competitions are in competition with small newspaper publishers who are deemed to be unable to offer comparable prizes and the prospect of winning is liable to bring about a shift in demand. Furthermore, the national prohibition must not constitute an obstacle to the marketing of newspapers which, albeit containing prize games, puzzles or competitions, do not give readers residing in the Member State concerned the opportunity to win a prize. It is for the national court to determine whether those conditions are satisfied on the basis of a study of the national press market concerned. 1 Citers [ Bailii ] Â Careda (Taxation) C-371/95; [1997] EUECJ C-371/95 26 Jun 1997 ECJ European [ Bailii ] Â Careda (Taxation) C-372/95; [1997] EUECJ C-372/95 26 Jun 1997 ECJ European [ Bailii ] Â Â Commission v Greece; ECJ 26-Jun-1997 - C-329/96; [1997] EUECJ C-329/96 Â Careda and others v Administracion General del Estado (Rec 1997,p I-3721) (Judgment) C-370/95; [1997] EUECJ C-370/95 26 Jun 1997 ECJ European [ Bailii ] Â Â Edwards v British Athletic Federation and Another; ChD 30-Jun-1997 - Times, 30 June 1997 Â Banco de Fomento e Exterior v Pechim and others (Rec 1997,p I-3757) (Order) C-66/97 30 Jun 1997 ECJ European Â Chew v Commission (Rec 1997,p FP-IA-165,II-497) T-28/96; [1997] EUECJ T-28/96 2 Jul 1997 ECFI European [ Bailii ] Â Francesco Benincasa v Dentalkit Srl Times, 13 October 1997; C-269/95; [1997] EUECJ C-269/95; [1997] ECR 1-3767 3 Jul 1997 ECJ Consumer, European A contract which forms a part of the customer's arrangements for pursuing his trade or profession is not a consumer contract and a choice of jurisdiction clause in a distribution agreement was valid. Europa In the context of the specific regime established by Article 13 et seq. of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters, only contracts concluded for the purpose of satisfying an individual's own needs in terms of private consumption come under the provisions designed to protect the consumer as the party deemed to be the weaker party economically. On the other hand, the specific protection sought to be afforded by those provisions is unwarranted in the case of contracts for the purpose of trade or professional activity, even if that activity is only planned for the future, since the fact that an activity is in the nature of a future activity does not divest it in any way of its trade or professional character. It follows that the regime in question applies solely to contracts concluded outside and independently of any trade or professional activity or purpose, whether present or future, so that a plaintiff who has concluded a contract with a view to pursuing a trade or profession, not at the present time, but in the future may not be regarded as a consumer within the meaning of the first paragraph of Article 13 and the first paragraph of Article 14 of the Convention. 4 Article 17 of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments and civil and commercial matters sets out to designate, clearly and precisely, a court in a Contracting State which is to have exclusive jurisdiction in accordance with the consensus formed between the parties, which is to be expressed in accordance with the strict requirements as to form laid down therein. The legal certainty which that provision seeks to secure could easily be jeopardized if one party to the contract could frustrate that rule simply by claiming that the whole of the contract which contained the clause was void on grounds derived from the applicable substantive law. It follows that the court of a Contracting State which is designated in a jurisdiction clause validly concluded under the first paragraph of Article 17 also has exclusive jurisdiction where the action seeks in particular a declaration that the contract containing that clause is void. Furthermore, it is for the national court to determine which disputes fall within the scope of the clause conferring jurisdiction invoked before it and, consequently, to determine whether that clause also covers any dispute relating to the validity of the contract containing it. Brussels Convention 1 Citers [ Bailii ] Â Smanor and Segaud v Commission (Rec 1997,p II-1081) T-201/96; [1997] EUECJ T-201/96 3 Jul 1997 ECFI European [ Bailii ] Â Regina v Secretary of State for Transport ex parte Factortame Ltd and Others [1997] EWHC Admin 633 3 Jul 1997 Admn European, Damages [ Bailii ] Â Commission v France (Rec 1997,p I-3827) (Judgment) C-60/96; [1997] EUECJ C-60/96 3 Jul 1997 ECJ European [ Bailii ] Â Echauz Brigaldi and others v Commission (Rec 1997,p FP-IA-171,II-509) T-156/95; [1997] EUECJ T-156/95 9 Jul 1997 ECFI European [ Bailii ] Â Monaco v Parliament (Rec 1997,p FP-IA-195,II-573) T-92/96; [1997] EUECJ T-92/96 9 Jul 1997 ECFI European [ Bailii ] Â Generics v Smith Kline and French Laboratories (Rec 1997,p I-3929) (Judgment) C-316/95; [1997] EUECJ C-316/95 9 Jul 1997 ECJ European [ Bailii ] Â De Agostini (Svenska) Forlag (Free Movement Of Persons) C-36/95; [1997] EUECJ C-36/95 9 Jul 1997 ECJ European [ Bailii ] Â SCI Parodi v Banque de Bary C-222/95; [1997] EUECJ C-222/95 9 Jul 1997 ECJ Mancini, P European, Banking ECJ Free movement of capital - Freedom to provide services - Credit institutions - Grant of a mortgage loan - Authorization requirement in the Member State in which the service is provided [ Bailii ] Â Fichtner v Commission (Rec 1997,p FP-IA-189,II-563) T-63/96; [1997] EUECJ T-63/96 9 Jul 1997 ECFI European [ Bailii ] Â De Agostini (Svenska) Ffxc8Orlag (Free Movement Of Persons) C-35/95; [1997] EUECJ C-35/95 9 Jul 1997 ECJ European [ Bailii ] Â S v Court of Justice (Rec 1997,p II-1125,IA-179,II-533) T-4/96; [1997] EUECJ T-4/96 9 Jul 1997 ECFI European [ Bailii ] Â Konsumentombudsmannen v De Agostini and TV-Shop (Judgment) C-34/95; [1997] EUECJ C-34/95 9 Jul 1997 ECJ European [ Bailii ] Â Hedley Lomas and others v Commission T-455/93; [1997] EUECJ T-455/93 9 Jul 1997 ECFI European, Agriculture ECFI Agriculture - Common organization of the markets - Sheepmeat and goatmeat - Variable slaughter premium - Equivalent amount levied on export to another Member State (`clawback') - Recovery of clawback unlawfully charged - Detailed rules laid down by Regulation No 1922/92 - Breach of the principles of protection of legitimate expectations, legal certainty or proportionality - None (Commission Regulation No 1922/92, Art. 2) In so far as Article 2 of Regulation No 1922/92 amending Regulation No 1633/84 laying down detailed rules for applying the variable slaughter premium for sheep and determining the conditions for the reimbursement of the clawback following the judgment of the Court of Justice in Joined Cases C-38/90 and C-151/90 Lomas and Others provides for reimbursement merely of the difference between the clawback paid under Article 4 of the amended Regulation and the amount of the premium actually received, it breaches neither the principle of protection of legitimate expectations nor the principle of legal certainty. Given that the requests for payment of the clawback under Article 4 were not wholly devoid of legal authority, that the operators granted a premium should have expected that it would have to be recouped on export of the products and that the national law applicable on the date of the Court's judgment made it difficult to recover in full amounts unlawfully charged by a public authority, it does not appear that the traders concerned could legitimately harbour the slightest expectation, based on the facts or on national law, of full recovery of the clawback paid before that judgment was delivered. Nor is the validity of Article 2(1) affected by the fact that the second subparagraph thereof provides an alternative method of calculating the amount to be reimbursed, based on the average amount of the premiums over a period of four weeks, since that alternative was made available in recognition of the difficulties encountered by some operators in providing proof as to premiums actually paid. So far as concerns the difficulties mentioned above, the placing of the burden of proof on the exporters is not manifestly inappropriate and consequently does not contravene the principle of proportionality, since a prudent trader, knowing that he would be liable to pay the clawback, should have taken the necessary steps to obtain the evidence which would be required in due course to establish the amounts in question. Commission Regulation No 1922/92, Art. 2 [ Bailii ] Â Bonifaci and others and Berto and others /INPS (Rec 1997,p I-3969) (Judgment) C-94/95; [1997] EUECJ C-94/95 10 Jul 1997 ECJ European [ Bailii ] Â Guerin Automobiles v Commission (Rec 1997,p II-1223) T-38/96; [1997] EUECJ T-38/96 10 Jul 1997 ECFI European [ Bailii ] Â Bonifaci (Social Policy) C-95/95; [1997] EUECJ C-95/95 10 Jul 1997 ECJ European [ Bailii ] Â Gaspari v Parliament (Rec 1997,p FP-IA-201,II-595) T-36/96; [1997] EUECJ T-36/96 10 Jul 1997 ECFI European [ Bailii ] Â Apostolidis and others v Commission (Rec 1997,p FP-IA-207,II-607) T-81/96; [1997] EUECJ T-81/96 10 Jul 1997 ECFI European [ Bailii ] Â Maso and others v INPS and Repubblica italiana (Rec 1997,p I-4051) (Judgment) C-373/95; [1997] EUECJ C-373/95 10 Jul 1997 ECJ European [ Bailii ] Â AssiDoman Kraft Products and others v Commission T-227/95; [1997] EUECJ T-227/95 10 Jul 1997 ECFI B Vesterdorf, P European, Commercial ECJ Competition - Consequences of partial annulment by the Court of Justice of a decision relating to a proceeding under Article 85 of the Treaty - Effects of the judgment on persons to whom the decision was addressed who did not bring an action for annulment - Article 176 of the Treaty - Request for partial refund of fines paid. 1 Citers [ Bailii ] Â Palmisani v INPS (Rec 1997,p I-4025) (Judgment) C-261/95; [1997] EUECJ C-261/95 10 Jul 1997 ECJ European [ Bailii ] Â Oficemen v Commission (Rec 1997,p II-1161) T-212/95; [1997] EUECJ T-212/95 10 Jul 1997 ECFI European [ Bailii ] Â Schoch v Parliament (Rec 1997,p FP-IA-219,II-635) T-29/96; [1997] EUECJ T-29/96 11 Jul 1997 ECFI European [ Bailii ] Â Cesaratto v Parliament (Rec 1997,p FP-IA-227,II-653) T-108/96; [1997] EUECJ T-108/96 11 Jul 1997 ECFI European [ Bailii ] Â Chauvin v Commission (Rec 1997,p FP-IA-237,II-681) T-16/97; [1997] EUECJ T-16/97 11 Jul 1997 ECFI European [ Bailii ] Â Oleifici Italiani v Commission (Rec 1997,p II-1239) T-267/94; [1997] EUECJ T-267/94 11 Jul 1997 ECFI European [ Bailii ] Â Interhotel v Commission (Rec 1997,p II-1265) T-81/95; [1997] EUECJ T-81/95 14 Jul 1997 ECFI European [ Bailii ] Â B v Parliament (Rec 1997,p FP-IA-245,II-697) T-123/95; [1997] EUECJ T-123/95 14 Jul 1997 ECFI European [ Bailii ] Â R v Commission (Rec 1997,p FP-IA-253,II-729) T-187/95; [1997] EUECJ T-187/95 15 Jul 1997 ECFI European [ Bailii ] Â Gouvernement des Antilles neerlandaises v Council (Rec 1997,p II-1297) T-179/97; [1997] EUECJ T-179/97 15 Jul 1997 ECFI European [ Bailii ] Â Harries v Barclays Bank Plc [1997] EWCA Civ 2115; [1997] 2 EGLR 15 16 Jul 1997 CA Agriculture, European Milk quotas. 1 Citers [ Bailii ] Â The Queen v Minister for Agriculture, Fisheries and Food, ex parte: National Farmers' Union and others C-354/95; [1997] EUECJ C-354/95; [1997] ECR I-4559 17 Jul 1997 ECJ European, Agriculture ECJ Judgment - Common agricultural policy - Regulation (EEC) No 3887/92 - Integrated administration and control system for certain Community aid schemes - Implementing rules - Interpretation and validity of penalties [ Bailii ] Â Leur-Bloem v Inspecteur der Belastingdienst/Ondernemingen Amsterdam C-28/95 17 Jul 1997 ECJ European Â Badische Erfrischungs-Getranke v Land Baden-Wurttemberg C-17/96; [1997] EUECJ C-17/96 17 Jul 1997 ECJ European, Consumer ECJ Judgment - Natural mineral water - Definition - Water favourable to health [ Bailii ] Â Pascoal and Filhos v Fazenda Publica C-97/95; [1997] EUECJ C-97/95 17 Jul 1997 ECJ European Customs duties - Methods of administrative cooperation - Procedures for verifying EUR.1 certificates - Post-clearance recovery of customs duties - Person responsible for the customs debt [ Bailii ] Â Texaco v Middelfart Havn and others and Olieselskabet Danmark v Trafikministeriet and others C-114/95; [1997] EUECJ C-114/95; [1997] ECR I-4263 17 Jul 1997 ECJ European, Transport Maritime transport - Goods duty - Import surcharge [ Bailii ] Â Giloy v Hauptzollamt Frankfurt am Main-Ost C-130/95; [1997] EUECJ C-130/95 17 Jul 1997 ECJ European, Customs and Excise ECJ Article 177 - Jurisdiction of the Court - National legislation adopting Community provisions - Community Customs Code - Appeal - Suspension of a customs decision - Provision of security EC Treaty 177 [ Bailii ] Â Commission v Spain [1997] EUECJ C-52/96 17 Jul 1997 ECJ European ECJ Judgment - Failure of a Member State to fulfil its obligations - Article 5 of the EC Treaty and Article 11(2) of Annex VIII to the Staff Regulations of Officials of the European Communities - Failure to take the measures necessary to enable pension entitlements of officials to be transferred to the Community scheme EC Treaty 5 [ Bailii ] Â Affish v Rijksdienst voor de keuring van Vee en Vlees C-183/95; [1997] EUECJ C-183/95 17 Jul 1997 ECJ European, Animals, Health Professions Veterinary inspection - Protective measure - Principle of proportionality - Principle of the protection of legitimate expectations - Validity of Commission Decision 95/119/EC [ Bailii ] Â ARO Lease v Inspecteur der Belastingdienst Grote Ondernemingen te Amsterdam [1997] BVC 547; [1997] ECR I-4383; [1997] BTC 5433; C-190/95; [1997] EUECJ C-190/95; [1997] CEC 1082; [1997] STC 1272 17 Jul 1997 ECJ European, VAT ECJ Sixth VAT Directive - Leasing company supplying passenger cars - Place where the supplier has established its business - Fixed establishment [ Bailii ] Â Ferriere Nord v Commission C-219/95; [1997] EUECJ C-219/95P; [1997] ECR I-4411 17 Jul 1997 ECJ European, Commercial ECJ Judgment - Competition - Infringement of Article 85 of the EEC Treaty EEC Treaty 85 [ Bailii ] Â Sam Schiffahrt v Federal Republic of Germany C-249/95; [1997] EUECJ C-249/95 17 Jul 1997 ECJ European ECJ Transport - Inland waterway transport - Structural improvements - Contributions to Scrapping Fund - Validity of Community legislation [ Bailii ] Â Hauptzollamt Munchen v Wacker Werke C-142/96; [1997] EUECJ C-142/96 17 Jul 1997 ECJ European ECJ Outward processing relief - Total or partial relief from import duties - Determination of value of compensating products and temporary export goods - Reasonable means of determining value [ Bailii ] Â GT-Link v De Danske Statsbaner C-242/95; [1997] EUECJ C-242/95 17 Jul 1997 ECJ European ECJ Judgment - Maritime transport - Harbour duties on shipping and goods - Import surcharge - Abuse of a dominant position [ Bailii ] Â Texaco v Middelfart Havn C-115/95; [1997] EUECJ C-115/95 17 Jul 1997 ECJ European, Customs and Excise Free Movement of Goods - Maritime transport - Goods duty - Import surcharge [ Bailii ] Â SAM Schiffahrt and Stapf v Bundesrepublik Deutschland C-248/95; [1997] EUECJ C-248/95; [1997] ECR I-4475 17 Jul 1997 ECJ European, Transport ECJ Inland waterway transport - Structural improvements - Contributions to Scrapping Fund - Validity of Community legislation [ Bailii ] Â Kruger v Hauptzollamt Hamburg-Jonas ECLI:EU:C:1997:378; C-334/95; [1997] EUECJ C-334/95 17 Jul 1997 ECJ European, Agriculture ECJ Judgment - Export refunds - Milk products - Discrimination - Assessment of validity - National court - Interim relief - Community Customs Code [ Bailii ] Â Commission v Italy C-43/97; [1997] EUECJ C-43/97 17 Jul 1997 ECJ European ECJ Judgment - Failure to fulfil obligations - Directive 93/36/EEC - Failure to transpose within the prescribed period Directive 93/36/EEC [ Bailii ] Â Oleifici Italiani v Commission (Rec 1997,p II-1331) T-44/96; [1997] EUECJ T-44/96 18 Jul 1997 ECFI European [ Bailii ] Â Nutria v Commission (Rec 1997,p II-1317) T-180/95; [1997] EUECJ T-180/95 18 Jul 1997 ECFI European [ Bailii ] Â U v Cedefop (Rec 1997,p FP-IA-263,II-749) T-24/96 23 Jul 1997 ECFI European Â Clarke v Cedefop (Rec 1997,p FP-IA-267,II-755) T-85/96 23 Jul 1997 ECFI European Â Â Regina v Secretary of State for Transport Ex Parte Factortame Ltd and Others (No 5); CA 31-Jul-1997 - [1997] EWHC Admin 756 Â Â Regina v Secretary of State for Transport ex parte Factortame Limited and others; CA 31-Jul-1997 - [1997] EWCA Civ 2264 Â Â Regina v Secretary of State for Transport Ex Parte Factortame Ltd and Others (No 5); QBD 31-Jul-1997 - [1997] EWHC Admin 757 Â Â Regina v Secretary of State for Transport Ex Parte Factortame Ltd and Others (No 5); Admn 31-Jul-1997 - Times, 11 September 1997; [1997] EWHC Admin 755 Â Canadane Cheese Trading and Afoi G Kouri v Ypourgou Emporiou and others C-317/95; [1997] EUECJ C-317/95 8 Aug 1997 ECJ European [ Bailii ] Â Chaves Fonseca Ferrao v Office de l'harmonisation dans le marche interieur (Rec 1997,p I-4729) (Order) C-248/97 10 Sep 1997 ECJ European Â Gimenez v Committee of Regions (Rec 1997,p FP-IA-275,II-775) T-220/95; [1997] EUECJ T-220/95 16 Sep 1997 ECFI European [ Bailii ] Â von Hoffmann v Finanzamt Trier Times, 10 November 1997; C-145/96; [1997] EUECJ C-145/96; [1997] All ER (EC) 85; [1998] 1 CMLR 99 16 Sep 1997 ECJ VAT, European An arbitrator's services are not those of a lawyer for the purposes of determining the place of supply of service for VAT purposes. ECJ Sixth VAT Directive - Interpretation of Article 9(2)(e), third indent - Services of an arbitrator - Place where services are supplied. 1 Citers [ Bailii ] Â Commission v Germany (Rec 1997,p I-4845) (Judgment) C-139/96; [1997] EUECJ C-139/96 16 Sep 1997 ECJ European [ Bailii ] Â Commission v Italy C-279/94; [1997] EUECJ C-279/94 16 Sep 1997 ECJ European ECJ (Judgment) Failure of a Member State to fulfil its obligations - Obligation to give prior notification under Directive 83/189/EEC [ Bailii ] Â Koelman v Commission C-59/96 16 Sep 1997 ECJ European (Order) Â Blackspur and others v Council and Commission (Rec 1997,p I-4775) (Judgment) C-362/95; [1997] EUECJ C-362/95P 16 Sep 1997 ECJ European [ Bailii ] Â Iurlaro v INPS (Rec 1997,p I-4881) (Judgment) C-322/95; [1997] EUECJ C-322/95 17 Sep 1997 ECJ European [ Bailii ] Â Fazenda Publica v UCAL (Rec 1997,p I-4911) (Judgment) C-347/95; [1997] EUECJ C-347/95 17 Sep 1997 ECJ European [ Bailii ] Â Fazenda Publica v Solisnor-Estaleiros Navais (Rec 1997,p I-5053) (Judgment) C-130/96; [1997] EUECJ C-130/96 17 Sep 1997 ECJ European [ Bailii ] Â Finanzamt Osnabruck-Land v Langhorst (Rec 1997,p I-5073) (Judgment) C-141/96 17 Sep 1997 ECJ European Â Provincia autonoma di Trento and Ufficio del medico provinciale di Trento v Dega C-83/96; [1997] EUECJ C-83/96 17 Sep 1997 ECJ European, Consumer (Judgment) Consumer protection - Labelling of foodstuffs - Council Directive 79/112/EEC Council Directive 79/112/EEC [ Bailii ] Â Mosbaek v Lnmodtagernes Garantifond (Rec 1997,p I-5017) (Judgment) C-117/96; [1997] EUECJ C-117/96 17 Sep 1997 ECJ European [ Bailii ] Â Fazenda Publica v Fricarnes (Rec 1997,p I-4939) (Judgment) C-28/96; [1997] EUECJ C-28/96 17 Sep 1997 ECJ European [ Bailii ] Â Antillean Rice Mills v Commission (Rec 1997,p II-1347) T-26/97; [1997] EUECJ T-26/97 17 Sep 1997 ECFI European [ Bailii ] Â Mutual Aid Administration Services v Commission (Rec 1997,p II-1355) T-121/96; [1997] EUECJ T-121/96 18 Sep 1997 ECFI European [ Bailii ] Â Mutual Aid Administration Services v Commission (Agriculture) T-151/96; [1997] EUECJ T-151/96 18 Sep 1997 ECFI European [ Bailii ] Â Chevalier-Delanoue v Council (Rec 1997,p FP-IA-287,II-809) T-172/96; [1997] EUECJ T-172/96 23 Sep 1997 ECFI European [ Bailii ] Â UK Steel Association v Commission (Rec 1997,p II-1433) T-150/95; [1997] EUECJ T-150/95 25 Sep 1997 ECFI European [ Bailii ] Â Shanghai Bicycle v Council T-170/94; [1997] EUECJ T-170/94 25 Sep 1997 ECFI European [ Bailii ] Â Region Wallonne v Commission [1997] EUECJ T-70/97 29 Sep 1997 ECFI European ECFI A federal regional authority is not entitled to bring an action seeking annulment of a decision adopted under the ECSC Treaty since such authorities are not referred to by Article 33 of the ECSC Treaty, which provides an exhaustive list of the persons entitled to bring an action for annulment, and Article 173 of the EC Treaty cannot apply to such an action. ECSC Treaty 33 [ Bailii ] Â Sateba v Commission (Rec 1997,p II-1523) T-83/97; [1997] EUECJ T-83/97 29 Sep 1997 ECFI European [ Bailii ] Â D'Orazio and Hublau v Commission T-4/97; [1997] EUECJ T-4/97 29 Sep 1997 ECFI European [ Bailii ] Â Federolio v Commission (Rec 1997,p II-1559) T-122/96; [1997] EUECJ T-122/96 30 Sep 1997 ECFI European [ Bailii ] Â Ertanir v Land Hessen C-98/96; [1997] EUECJ C-98/96 30 Sep 1997 ECJ European [ Bailii ] Â Instituto Europeu de Formacao Profissional v Commission (Rec 1997,p II-1541) T-151/95; [1997] EUECJ T-151/95 30 Sep 1997 ECFI European [ Bailii ] Â Â Gunaydin and others v Freistaat Bayern; ECJ 30-Sep-1997 - C-36/96; [1997] EUECJ C-36/96 Â Regione Toscana v Commission C-180/97 1 Oct 1997 ECJ European Â Comafrica and Dole Fresh Fruit Europe v Commission T-230/97; [2001] EUECJ T-230/97; [1997] EUECJ T-230/97 1 Oct 1997 ECFI European [ Bailii ] - [ Bailii ] Â France v Parliament C-345/95; [1997] EUECJ C-345/95 1 Oct 1997 ECJ European (Judgment) [ Bailii ] Â Parliament v Council (Rec 1997,p I-5303) (Judgment) C-259/95; [1997] EUECJ C-259/95 2 Oct 1997 ECJ European [ Bailii ] Â Saldanha and MTS Securities Corporation v Hiross C-122/96; [1997] EUECJ C-122/96 2 Oct 1997 ECJ European [ Bailii ] Â Gerster v Freistaat Bayern (Rec 1997,p I-5253) (Judgment) C-1/95; [1997] EUECJ C-1/95 2 Oct 1997 ECJ European [ Bailii ] Â Office national des pensions v Cirotti C-144/96; [1997] EUECJ C-144/96 2 Oct 1997 ECJ European (Judgment) [ Bailii ] Â Kording v Senator fur Finanzen C-100/95; [1997] EUECJ C-100/95 2 Oct 1997 ECJ European [ Bailii ] Â Eurocoton and others v Council T-213/97 2 Oct 1997 ECFI European Â Commission v Belgium C-208/96 [1997] EUECJ C-208/96 2 Oct 1997 ECJ European ECJ (Judgment) Failure of Member State to fulfil its obligations - Directive 92/119/EEC - Failure to transpose Directive 92/119/EEC [ Bailii ] Â Banda v Commission (Rec 1997,p FP-IA-291,II-819) T-184/96; [1997] EUECJ T-184/96 3 Oct 1997 ECFI European [ Bailii ] Â Mutual Aid Administration Services v Commission (Rec 1997,p II-1633) T-186/96; [1997] EUECJ T-186/96 3 Oct 1997 ECFI European [ Bailii ] Â AIUFFASS and AKT v Commission (Rec 1997,p I-5383) (Order) C-55/97 6 Oct 1997 ECJ European Â Comite Europeen des Fabricants de Sucre v Council (Rec 1997,p II-1649) T-229/97; [1997] EUECJ T-229/97 8 Oct 1997 ECFI European [ Bailii ] Â Naranjo Arjona (Free Movement Of Persons) C-32/96; [1997] EUECJ C-32/96 9 Oct 1997 ECJ European [ Bailii ] Â Rank Xerox Manufacturing v Inspecteur der Invoerrechten en Accijnzen C-67/95; [1997] EUECJ C-67/95; [1997] ECR I-5401 9 Oct 1997 ECJ European, Customs and Excise ECJ The Common Customs Tariff must be interpreted as meaning that apparatuses which can both send faxes and make copies, and comprise a scanning device (scanner), a digital storage device (memory) and a printing device (laser printer), are to be classified under sub-heading 9009 12 00 of the combined nomenclature. Such multi-function machines, which might be classified either under heading 8517 or under heading 9009, must be classified, in accordance with general rule 3(c) for the interpretation of the combined nomenclature, under the heading which occurs last in numerical order among those which equally merit consideration since, first, general rule 3(a), according to which the most specific description is to be preferred, is excluded because the relevant tariff headings fall within different chapters and, second, general rule 3(b) does not apply because those apparatuses display no feature enabling their essential character to be determined. 1 Citers [ Bailii ] Â Criminal proceedings against Grado and Bashir C-291/96; [1997] EUECJ C-291/96 9 Oct 1997 ECJ R. Schintgen P European, Criminal Practice ECJ Preliminary reference - Criminal proceedings - Use of a courtesy title - Discrimination - Relevance of the question - Lack of jurisdiction [ Bailii ] Â Naranjo Arjona (Free Movement Of Persons) C-33/96; [1997] EUECJ C-33/96 9 Oct 1997 ECJ European [ Bailii ] Â Naranjo Arjona and others v Instituto Nacional de la Seguridad Social and others C-31/96; [1997] EUECJ C-31/96 9 Oct 1997 ECJ J.C. Moitinho de Almeida European, Benefits ECJ Social security - Invalidity - Old-age pensions - Article 47(1) of Regulation No 1408/71 - Calculation of benefits [ Bailii ] Â Commission v Spain C-21/96; [1997] EUECJ C-21/96 9 Oct 1997 ECJ European, Utilities ECJ Failure by a Member State to fulfil its obligations - Council Directive 84/466/Euratom [ Bailii ] Â Macon and others v Prefet de l'Aisne (Rec 1997,p I-5429) (Judgment) C-152/95; [1997] EUECJ C-152/95 9 Oct 1997 ECJ European, Agriculture Europa Additional levy on milk - Reference quantity - Application for a grant of compensation for definitive discontinuation of milk production - Refusal. [ Bailii ] Â IPK-Munchen v Commission (Rec 1997,p II-1665) T-331/94; [1997] EUECJ T-331/94; [2001] EUECJ T-331/94 15 Oct 1997 ECFI European [ Bailii ] - [ Bailii ] Â Garofalo and others v Ministero della Sanita and USL no 58 di Palermo C-69/96; [1997] EUECJ C-69/96 16 Oct 1997 ECJ European, Health Professions ECJ Article 177 of the EC Treaty - Jurisdiction - Court of one of the Member States - Extraordinary petition to the President of the Italian Republic - Compulsory opinion of the Consiglio di Stato - Directives 86/457/EEC and 93/16/EEC - Specific training in general medical practice - Rights acquired before 1 January 1995 [ Bailii ] Â Regina v Ministry of Agriculture, Fisheries and Food, ex parte: Lay, Gage and Gage Case C-165/95 16 Oct 1997 ECJ European, Agriculture ECJ Agriculture - Common organization of the markets - Milk and milk products -Additional levy on milk - Allocation of reference quantities exempt from the levy - Producers having suspended deliveries under the system of premiums for non-marketing or conversion - Grant of a special reference quantity -Transfer of part of a mixed holding - Apportionment of the special reference quantity in proportion to the part of the holding given over to milk production at the time when the non-marketing undertaking was entered into (Council Regulations No 1078/77 and No 2055/93, Arts 1(2) and 2) Articles 1(2) and 2 of Regulation No 2055/93, which introduced, under the additional milk levy system, rules for calculating the special reference quantity where part of a holding is transferred, must be interpreted as meaning that, where part of a mixed holding is transferred, the reference quantity must be apportioned between the transferor and transferee, or allocated to the transferee, in proportion to the part of the holding directly or indirectly given over to dairy production at the time when the non-marketing undertaking was entered into pursuant to Regulation No 1078/77, and not in proportion to the total area of the holding. Â Julius Fillibeck Sohne v Finanzamt Neustadt (Rec 1997,p I-5577) (Judgment) C-258/95; [1997] EUECJ C-258/95 16 Oct 1997 ECJ European [ Bailii ] Â Hera v USL no 3-genovese and Romagnoli (Rec 1997,p I-5685) (Judgment) C-304/96; [1997] EUECJ C-304/96 16 Oct 1997 ECJ European [ Bailii ] Â Garofalo (Free Movement Of Persons) C-79/96; [1997] EUECJ C-79/96 16 Oct 1997 ECJ European [ Bailii ] Â Dimitriadis v Court of Auditors (Rec 1997,p I-5635) (Order) C-140/96 16 Oct 1997 ECJ European Â Belgische Staat v Banque Indosuez and others (Judgment) C-177/96; [1997] EUECJ C-177/96 16 Oct 1997 ECJ European [ Bailii ] Â Lay (Agriculture) C-165/95; [1997] EUECJ C-165/95 16 Oct 1997 ECJ European [ Bailii ] Â Deutsche Bahn v Commission (Rec 1997,p II-1689) T-229/94; [1997] EUECJ T-229/94 21 Oct 1997 ECFI European [ Bailii ] Â Patronis v Council (Rec 1997,p FP-IA-299,II-833) T-168/96; [1997] EUECJ T-168/96 21 Oct 1997 ECFI European [ Bailii ] Â SCK and FNK v Commission [1997] EUECJ T-18/96 22 Oct 1997 ECJ European ECJ 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 1 Cites [ Bailii ] Â SCK and FNK v Commission (Rec 1997,p II-1739) T-213/95; [1997] EUECJ T-213/95 22 Oct 1997 ECFI European [ Bailii ] Â Leur-Bloom v Inspecteur Der Belastingdienst/Ondernemingen Amsterdam 2 Gazette, 22 October 1997; C-28/95; [1997] EUECJ C-28/95 22 Oct 1997 ECJ European It is for the courts of member states to determine whether application is necessary to the European Court. [ Bailii ] Â Leur-Bloom v Inspecteur Der Belastingdienst/Ondernemingen Amsterdam 2 Gazette, 22 October 1997; C-28/95 22 Oct 1997 ECJ European EC rules on normalisation of tax treatments governed transfer of shares between associated companies in whatever form. Council Directive 90/434/EEC Â Commission v Italy (Rec 1997,p I-6007) (Order) C-354/96 23 Oct 1997 ECJ European Â Criminal proceedings against Franzen C-189/95; [1997] EUECJ C-189/95 23 Oct 1997 ECJ European (Judgment) [ Bailii ] Â Commission v Greece (Rec 1997,p I-5981) (Judgment) C-375/95; [1997] EUECJ C-375/95 23 Oct 1997 ECJ European [ Bailii ] Â Commission v France (Rec 1997,p I-5815) (Judgment) C-159/94; [1997] EUECJ C-159/94 23 Oct 1997 ECJ European [ Bailii ] Â Commission v Spain (Rec 1997,p I-5851) (Judgment) C-160/94; [1997] EUECJ C-160/94 23 Oct 1997 ECJ European [ Bailii ] Â Portugal v Commission (Rec 1997,p I-5863) (Judgment) C-150/95; [1997] EUECJ C-150/95 23 Oct 1997 ECJ European [ Bailii ] Â Commission v Netherlands (Rec 1997,p I-5699) (Judgment) C-157/94; [1997] EUECJ C-157/94 23 Oct 1997 ECJ European [ Bailii ] Â Commission v Italy (Rec 1997,p I-5789) (Judgment) C-158/94; [1997] EUECJ C-158/94 23 Oct 1997 ECJ European [ Bailii ] Â EISA v Commission (Rec 1997,p II-1839) T-239/94; [1997] EUECJ T-239/94 24 Oct 1997 ECFI European [ Bailii ] Â Wirtschaftsvereinigung Stahl and others v Commission (Rec 1997,p II-1963) T-244/94; [1997] EUECJ T-244/94 24 Oct 1997 ECFI European [ Bailii ] Â British Steel v Commission (Rec 1997,p II-1887) T-243/94; [1997] EUECJ T-243/94 24 Oct 1997 ECFI European [ Bailii ] Â Snares v Adjudication Officer (Rec 1997,p I-6057) (Judgment) C-20/96; [1997] EUECJ C-20/96 4 Nov 1997 ECJ European [ Bailii ] Â Â Parfums Christian Dior v Evora BV; ECJ 4-Nov-1997 - C-337/95; [1997] EUECJ C-337/95; [1997] ECR I-1603 Â de Compte v Parliament T-26/89 5 Nov 1997 ECFI European Â Ducros v Commission (Rec 1997,p II-2031) T-149/95; [1997] EUECJ T-149/95 5 Nov 1997 ECFI European [ Bailii ] Â Barnett v Commission T-12/97; [1997] EUECJ T-12/97 5 Nov 1997 ECFI European [ Bailii ] Â Ronchi v Commission (Rec 1997,p FP-IA-321,II-879) T-223/95; [1997] EUECJ T-223/95 6 Nov 1997 ECFI European [ Bailii ] Â Wolf v Commission (Rec 1997,p FP-IA-351,II-949) T-101/96; [1997] EUECJ T-101/96 6 Nov 1997 ECFI European [ Bailii ] Â LTM v FIRS (Rec 1997,p I-6147) (Judgment) C-201/96; [1997] EUECJ C-201/96 6 Nov 1997 ECJ European [ Bailii ] Â Reiseburo Binder v Finanzamt Stuttgart-Korperschaften (Rec 1997,p I-6103) (Judgment) C-116/96; [1997] EUECJ C-116/96 6 Nov 1997 ECJ European [ Bailii ] Â Â Regione Piemonte v Saiagricola; ECJ 6-Nov-1997 - C-164/96; [1997] EUECJ C-164/96 Â Conserchimica v Amministrazione delle Finanze dello Stato (Rec 1997,p I-6177) (Judgment) C-261/96; [1997] EUECJ C-261/96 6 Nov 1997 ECJ European [ Bailii ] Â Berlingieri Vinzek v Commission (Rec 1997,p FP-IA-339,II-921) T-71/96; [1997] EUECJ T-71/96 6 Nov 1997 ECFI European [ Bailii ] Â Liao v Council (Rec 1997,p FP-IA-329,II-897) T-15/96; [1997] EUECJ T-15/96 6 Nov 1997 ECFI European [ Bailii ] Â Azienda Agricola 'Le Canne' v Commission [1997] EUECJ T-218/95 7 Nov 1997 ECFI European, Agriculture ECJ Agriculture - Fisheries - Aquaculture and establishment of protected marine areas - Community financial aid - Declaration of ineligibility of certain expenditure - Action for annulment - Action for damages. [ Bailii ] Â Cipeke v Commission T-84/96; [1997] EUECJ T-84/96 7 Nov 1997 ECFI European 1 Procedure - Originating application - Procedural requirements - Summary of the pleas in law relied on - Pleas in law not set out in the application - Catch-all reference to the annexes - Inadmissible (Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) 2 Acts of the institutions - Statement of reasons - Obligation - Scope - Plea alleging absence or inadequacy of the statement of reasons - Plea alleging incorrectness of the statement of reasons - Distinction (EC Treaty, Art. 190) 3 Under Article 44(1)(c) of the Rules of Procedure, an application must contain, inter alia, a summary of the pleas in law on which the application is based. That statement of claim must be sufficiently clear and precise to enable the defendant to prepare its defence and the Court to exercise its power of judicial review. In order to guarantee legal certainty and sound administration of justice it is necessary for the basic legal and factual particulars relied on to be indicated, at least in summary form, coherently and intelligibly in the application itself. Although the body of the application may be supported and supplemented, in regard to specific points, by references to extracts of documents appended thereto, a catch-all reference to the annexes to the application, in order to indicate essential parts of the legal arguments, does not satisfy the requirements of the Rules of Procedure. Since the annexes have a purely evidential and instrumental function, it is not for the Court to seek and identify in the annexes the grounds on which it may consider the action to be based. 4 The statement of reasons required by Article 190 of the Treaty must clearly and unequivocally show the reasoning of the institution which adopted the measure, so as to enable the Community judicature to exercise its power of review and the persons concerned to know the grounds on which the measure was adopted. The absence or inadequacy of a statement of reasons constitutes a plea going to infringement of essential formal requirements and, as such, is distinct from a plea going to incorrectness of the grounds of the contested decision, which is reviewed in the context of the question whether a decision is well founded. [ Bailii ] Â Commission v Ladbroke Racing (Competition) C-379/95; [1997] EUECJ C-379/95P 11 Nov 1997 ECJ European [ Bailii ] Â Marschall v Land Nordrhein-Westfalen C-409/95; [1997] EUECJ C-409/95 11 Nov 1997 ECJ European, Discrimination ECJ Equal treatment of men and women - Equally qualified male and female candidates - Priority for female candidates - Saving clause [ Bailii ] Â Eurotunnel and others v SeaFrance C-408/95; [1997] EUECJ C-408/95; ECLI:EU:C:1997:532; [1997] ECR I-6315 11 Nov 1997 ECJ European, Customs and Excise ECJ Transitional arrangements for tax-free shops - Council Directives 91/680/EEC and 92/12/EEC - Assessment of validity. [ Bailii ] Â Loendersloot v Ballantine and Son and others C-349/95; [1997] EUECJ C-349/95; [1997] ECR I-6227 11 Nov 1997 ECJ Rodriguez Iglesias, P European, Intellectual Property ECJ Article 36 of the EC Treaty - Trade mark rights - Relabelling of whisky bottles. 1 Citers [ Bailii ] Â Sabel BV v Puma AG, Rudolf Dassler Sport [1997] ECR I-6191; C-251/95; [1998] RPC 199; [1997] EUECJ C-251/95 11 Nov 1997 ECJ European, Intellectual Property The test of whether a sign is confusing is how the use of the sign would be perceived by the average consumer of the type of goods in question. "The likelihood of confusion must therefore be appreciated globally, taking into account all factors relevant to the circumstances of the case. That global appreciation of the visual, aural or conceptual similarity or the marks in question, must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components . . The average consumer normally perceives a mark as a whole and does not proceed to analyse its various details." (A point noted by the Hearing Officer as I have said). "In that perspective, the more distinctive the earlier mark, the greater will be the likelihood of confusion. It is therefore not impossible that the conceptual similarity resulting from the fact that two marks use images with analogous semantic content may give rise to a likelihood of confusion where the earlier mark has a particularly distinctive character, either per se or because of the reputation it enjoys with the public." The court set out three possible links between a mark and a sign: "(1) where the public confuses the sign and the mark in question (likelihood of direct confusion); (2) where the public makes a connection between the proprietors of the sign and those of the mark and confuses them (likelihood of indirect confusion or association); (3) where the public considers the sign to be similar to the mark and perception of the sign calls to mind the memory of the mark, although the two are not confused (likelihood of association in the strict sense)." 1 Citers [ Bailii ] Â Commission and France v Ladbroke Racing C-359/95; [1997] EUECJ C-359/95P 11 Nov 1997 ECJ European, Commercial ECJ (Judgment) Competition - Articles 85, 86 and 90 of the EC Treaty - Rejection of a complaint concerning both State measures and private conduct - Applicability of Articles 85 and 86 to undertakings complying with national legislation) [ Bailii ] Â Berge v Commission (Rec 1997,p II-2097) T-156/97; [1997] EUECJ T-156/97 12 Nov 1997 ECFI European [ Bailii ] Â Grahame and Hollanders v Bestuur van de Nieuwe Algemene Bedrijfsvereniging C-248/96; [1997] EUECJ C-248/96 13 Nov 1997 ECJ European [ Bailii ] Â Â Chief Adjudication Officer v Wolke; Remelien v Secretary of State for Social Security; HL 13-Nov-1997 - Gazette, 17 December 1997; Times, 01 December 1997; [1997] UKHL 50; [1998] 1 All ER 129; [1997] 1 WLR 1640; [1998] 1 FLR 444; [1998] 1 FCR 119; [1998] Fam Law 193 Â Commission v Germany (Rec 1997,p I-6397) (Judgment) C-236/96; [1997] EUECJ C-236/96 13 Nov 1997 ECJ European [ Bailii ] Â Deliberation 1/78 (Rec 1978,P 2151) (P 78-711 Es78-613 Sv78-187 Fi78-187) (Ruling) C-1/78 14 Nov 1997 ECJ European Â British Coal v Commission T-367/94 18 Nov 1997 ECFI European Â Regina v Medicines Control Agency ex parte Pharma Nord (UK) Limited [1997] EWCA Civ 2770 19 Nov 1997 CA Health, European EC Directive 65/65 1(2) [ Bailii ] Â Moskof v Ethnikos Organismos Kapnou C-244/95; [1997] EUECJ C-244/95 20 Nov 1997 ECJ C. Gulmann, P European, Agriculture ECJ Agriculture - Raw tobacco - Monetary measures - Agricultural conversion rates [ Bailii ] Â Gerster v Freistaat Bayern Times, 24 November 1997 24 Nov 1997 ECJ Discrimination, European A rule calculating an entitlement to promotion according to part time work was in breach of Article and discriminatory though public service. ECTreaty Art 119 Â T Port v Commission (Rec 1997,p II-2125) T-39/97; [1997] EUECJ T-39/97 26 Nov 1997 ECFI European [ Bailii ] Â Commission v Germany (Rec 1997,p I-6749) (Judgment) C-137/96; [1997] EUECJ C-137/96 27 Nov 1997 ECJ European [ Bailii ] Â Tremblay and others v Commission (Rec 1997,p II-2215) T-224/95; [1997] EUECJ T-224/95 27 Nov 1997 ECFI European [ Bailii ] Â Danisco Sugar v Allmanna ombudet (Rec 1997,p I-6653) (Judgment) C-27/96; [1997] EUECJ C-27/96 27 Nov 1997 ECJ European [ Bailii ] Â Somalfruit and Camar v Ministero delle Finanze and Ministero del Commercio con l'Estero (Rec 1997,p I-6619) (Judgment) C-369/95; [1997] EUECJ C-369/95 27 Nov 1997 ECJ European [ Bailii ] Â Witt v Amt fur Land- und Wasserwirtschaft (Judgment) C-356/95; [1997] EUECJ C-356/95 27 Nov 1997 ECJ European [ Bailii ] Â Reiseburo Binder Gmbh v Finanzamt Stuutgart-Korperscvhaften Times, 27 November 1997 27 Nov 1997 ECJ VAT, European VAT on transport allocated where journey over several states was by the proportions of distance travelled within each state. ECTreaty Art 177 Â Meints v Minister van Landbouw, Natuurbeheer en Visserij C-57/96; [1997] EUECJ C-57/96 27 Nov 1997 ECJ European [ Bailii ] Â Pascall v Commission (Rec 1997,p FP-IA-361,II-977) T-20/96; [1997] EUECJ T-20/96 27 Nov 1997 ECFI European [ Bailii ] Â Kaysersberg v Commission (Rec 1997,p II-2137) T-290/94; [1997] EUECJ T-290/94 27 Nov 1997 ECFI European [ Bailii ] Â Commission v Greece (Rec 1997,p I-6725) (Judgment) C-62/96; [1997] EUECJ C-62/96 27 Nov 1997 ECJ European [ Bailii ] Â Dafeki v Landesversicherungsanstalt Wurttemberg (Rec 1997,p I-6761) (Judgment) C-336/94; [1997] EUECJ C-336/94 2 Dec 1997 ECJ European [ Bailii ] Â Fantask and others v Industriministeriet C-188/95; [1997] EUECJ C-188/95; [1997] ECR-1 6783 2 Dec 1997 ECJ European ECJ Directive 69/335/EEC - Registration charges on companies - Procedural time-limits under national law. Directive 69/335/EEC 1 Citers [ Bailii ] Â Kampelmann and others v Landschaftsverband Westfalen-Lippe and others [1998] IRLR 333; C-253/96; [1997] EUECJ C-253/96; [1997] ECR I-6907 4 Dec 1997 ECJ European, Employment LMA The case concerned Directive 91/533 on employers' obligations to inform employees of the conditions applicable to their contract or employment relationship. An "emanation of state" was understood to be "organisations or bodies which are subject to the authority or control of the state or have special powers beyond those which result from the normal rules applicable to relations between individuals such as local or regional authorities or other bodies, which, irrespective of their legal form have been given responsibility, by the public authorities and under their supervision for providing a public service" 1 Citers [ Bailii ] Â Commission v Italy (Rec 1997,p I-6869) (Judgment) C-207/96; [1997] EUECJ C-207/96 4 Dec 1997 ECJ European [ Bailii ] Â Verband deutscher DaihatsuHandler v Daihatsu Deutschland C-97/96; [1997] EUECJ C-97/96 4 Dec 1997 ECJ C. Gulmann, P European, Company ECJ Company law - Annual accounts - Penalties for non-publication - Article 6 of the First Directive 68/151/EEC Directive 68/151/EEC [ Bailii ] Â Kampelmann (Social Policy) C-258/96; [1997] EUECJ C-258/96 4 Dec 1997 ECJ European [ Bailii ] Â Commission v Italy (Rec 1997,p I-6887) (Judgment) C-225/96; [1997] EUECJ C-225/96 4 Dec 1997 ECJ European [ Bailii ] Â Council v Fernandes Leite Mateus (Rec 1997,p I-6945) (Order) C-218/97 5 Dec 1997 ECJ European Â Quiller v Council And Commission (Agriculture) T-202/94; [1997] EUECJ T-202/94 9 Dec 1997 ECFI European [ Bailii ] Â Knubben Speditions GmbH v Hauptzollamt Mannheim (Rec 1997,p I-7039) (Judgment) C-143/96; [1997] EUECJ C-143/96 9 Dec 1997 ECJ European [ Bailii ] Â Quiller and Heusmann v Council and Commission (Rec 1997,p II-2247) T-195/94; [1997] EUECJ T-195/94 9 Dec 1997 ECFI European [ Bailii ] Â Commission v France C-265/95; [1997] EUECJ C-265/95 9 Dec 1997 ECJ European, Agriculture ECJ (Judgment) The Commission said France had failed to fulfil its obligations under the common organisation of the markets in agricultural, products and under Article 30, in conjunction with Article 5, of the EC Treaty. There had been for more than a decade violent acts committed by individuals and by protest movements of French farmers directly against agricultural products from other Member States. Lorries were damaged, their loads destroyed, shops selling the goods were threatened and the goods damaged. There was "a systematic campaign to restrict the supply of agricultural products from other Member States". France had failed to take adequate or proportionate measures to deter the perpetrators of such offences. France replied that it had condemned the acts, brought criminal prosecutions and monitored what was happening. Held: "it is a fact that, year after year, serious incidents have gravely jeopardised trade in agricultural products in France". Some incidents went on for several hours and only a very small number of the participants had been prosecuted. Article 30 "also applies where a Member State abstains from adopting the measures required in order to deal with obstacles to the free movement of goods which are not caused by the State. . . . Article 30 therefore requires the Member States. . . . when read with Article 5 of the Treaty, to take all necessary and appropriate measures to ensure that that fundamental freedom is respected on their territory". France had "manifestly and persistently abstained from adopting appropriate and adequate measures to put an end to the acts of vandalism which jeopardise the free movement on its territory" of agricultural products from other Members States. Franve had failed in its Treaty obligations. Europa Free movement of goods - Agricultural products - Trade barriers resulting from actions by private individuals - Obligations of the Member States. 1 Citers [ Bailii ] Â Tierce Ladbroke v Commission (Rec 1997,p I-7007) (Judgment) C-353/95; [1997] EUECJ C-353/95P 9 Dec 1997 ECJ European [ Bailii ] Â Camar v Commission and Council (Rec 1997,p II-2357) T-260/97; [1997] EUECJ T-260/97; [2005] EUECJ T-260/97; [2000] EUECJ T-260/97 10 Dec 1997 ECFI European [ Bailii ] - [ Bailii ] - [ Bailii ] Â NMH Stahlwerke and others v Commission T-134/94 10 Dec 1997 ECFI European Â Smets v Commission (Rec 1997,p II-2333,IA-371,II-999) T-134/96; [1997] EUECJ T-134/96 10 Dec 1997 ECFI European [ Bailii ] Â Â Soares v Adjudication Officer; ECJ 10-Dec-1997 - Times, 10 December 1997 Â Commission v Germany (Rec 1997,p I-7191) (Judgment) C-83/97; [1997] EUECJ C-83/97 11 Dec 1997 ECJ European [ Bailii ] Â Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services Times, 22 December 1997; C-246/96; [1997] EUECJ C-246/96 11 Dec 1997 ECJ Discrimination, European Pension entitlements for part time workers discriminated against were to be re-calculated to allow for wrongful treatment since 1976 Europa Reference for a preliminary ruling: Office of the Industrial Tribunal and the Fair Employment Tribunal, Belfast - United Kingdom. Equal pay for men and women - Article 119 of the EC Treaty - Protocol No 2 annexed to the Treaty on European Union - Occupational social security schemes - Exclusion of part-time workers from status conferring entitlement to certain additional retirement pension benefits - Date from which such benefits are payable - National procedural time-limits. EC Treaty Art 177 1 Cites 1 Citers [ Bailii ] Â Commission v Belgium (Rec 1997,p I-7201) (Judgment) C-190/97; [1997] EUECJ C-190/97 11 Dec 1997 ECJ European [ Bailii ] Â Â Locamion v Directeur des services fiscaux d'Indre-et-Loire; ECJ 11-Dec-1997 - C-8/96; [1997] EUECJ C-8/96 Â Immobiliare SIF v Amministrazione delle Finanze dello Stato (Rec 1997,p I-7089) (Judgment) C-42/96; [1997] EUECJ C-42/96 11 Dec 1997 ECJ European [ Bailii ] Â Job Centre (Rec 1997,p I-7119) (Judgment) C-55/96; [1997] EUECJ C-55/96 11 Dec 1997 ECJ European [ Bailii ] Â Commissioners of the European Communities Supported by Kingdom of Spain and United Kingdom v French Republic Times, 11 December 1997; C-265/95 11 Dec 1997 ECJ European French government had duty to prevent farmers from violently obstructing in a manner which hinders the free movement of trade. EC Treaty Art 30 Â Â Regina v Secretary of State for Transport ex parte Factortame and others (5); CA 12-Dec-1997 - Times, 28 April 1998; [1997] EWCA Civ 2982 Â Nolle v Council and Commission (Rec 1997,p II-2379) T-167/94 12 Dec 1997 ECFI European Â Cooperatieve Rabobank 'Vecht en Plassengebied' v Minderhoud C-104/96; [1997] EUECJ C-104/96 16 Dec 1997 ECJ European, Company ECJ (Judgment) Company law - First Directive 68/151/EEC - Scope - Representation of a company - Conflict of interests - Lack of authority of a director to enter into a binding transaction on behalf of the company [ Bailii ] Â Commission v Italy (Rec 1997,p I-7231) (Judgment) C-316/96; [1997] EUECJ C-316/96 16 Dec 1997 ECJ European [ Bailii ] Â Commission v Germany (Rec 1997,p I-7271) (Judgment) C-341/96; [1997] EUECJ C-341/96 16 Dec 1997 ECJ European [ Bailii ] Â Richter v Commission (Rec 1997,p FP-IA-379,II-1019) T-19/97; [1997] EUECJ T-19/97 16 Dec 1997 ECFI European [ Bailii ] Â Fabrica de Queijo Eru Portuguesa v Subdirector-Geral das Alfandegas (Rec 1997,p I-7249) (Judgment) C-325/96; [1997] EUECJ C-325/96 16 Dec 1997 ECJ European [ Bailii ] Â Petrides v Commission (Rec 1997,p II-2427) T-152/95; [1997] EUECJ T-152/95 17 Dec 1997 ECFI European [ Bailii ] Â Chiou v Commission (Rec 1997,p FP-IA-423,II-1135) T-225/95; [1997] EUECJ T-225/95 17 Dec 1997 ECFI European [ Bailii ] Â Passera v Commission (Rec 1997,p FP-IA-413,II-1109) T-217/95; [1997] EUECJ T-217/95 17 Dec 1997 ECFI European [ Bailii ] Â Bareth v Committee of Regions (Rec 1997,p FP-IA-435,II-1163) T-110/96; [1997] EUECJ T-110/96 17 Dec 1997 ECFI European [ Bailii ] Â Moles Garcia Ortuzar v Commission (Rec 1997,p FP-IA-403,II-1083) T-216/95; [1997] EUECJ T-216/95 17 Dec 1997 ECFI European [ Bailii ] Â Karagiozopoulou v Commission (Rec 1997,p FP-IA-397,II-1065) T-166/95; [1997] EUECJ T-166/95 17 Dec 1997 ECFI European [ Bailii ] Â Dricot and others v Commission (Rec 1997,p FP-IA-385,II-1035) T-159/95; [1997] EUECJ T-159/95 17 Dec 1997 ECFI European [ Bailii ] Â EFMA v Council (Rec 1997,p II-2391) T-121/95; [1997] EUECJ T-121/95 17 Dec 1997 ECFI European [ Bailii ] Â Eiselt v Commission (Rec 1997,p FP-IA-445,II-1179) T-208/96; [1997] EUECJ T-208/96 17 Dec 1997 ECFI European [ Bailii ] Â Sveriges Betodlares Centralforening and Henrikson v Commission (Rec 1997,p I-7531) (Order) C-409/96; [1997] EUECJ C-409/96 18 Dec 1997 ECJ European [ Bailii ] Â Landboden-Agrardienste v Finanzamt Calau C-384/95; [1997] EUECJ C-384/95 18 Dec 1997 ECJ European [ Bailii ] Â Ajinomoto and The NutraSweet Company v Council T-159/94; [1997] EUECJ T-159/94 18 Dec 1997 ECFI R. Garcia-Valdecasas, P European, Commercial, Natural Justice ECJ 1 Common commercial policy - Protection against dumping - Anti-dumping procedure - Right to a fair hearing of the undertaking alleged to have engaged in dumping - Institutions' duty to provide information - Scope (Council Regulation No 2423/88, Art. 7(4)) 2 Actions for annulment - Pleas in law - Actions against a Council regulation imposing definitive anti-dumping duties - Consideration to be given to a defect vitiating the procedure for the adoption of the Commission regulation imposing provisional anti-dumping duties - Criteria (Council Regulation No 2423/88, Art. 7(4)) 3 Common commercial policy - Protection against dumping - Dumping margin - Determination of normal value - Price charged in normal commercial transactions - Product protected by a patent - Consideration to be given to the market structure or the level of competition in the country of export - None (Council Regulation No 2423/88, Art. 2(3)) 4 Acts of the institutions - Statement of reasons - Obligation - Scope (EC Treaty, Art. 190) 5 Common commercial policy - Protection against dumping - Imposition of anti-dumping duties - Criteria - Injury and causal link - Community industry at the start-up stage also faced with problems not connected with dumping - Method of calculating duty - Discretion of the institutions (Council Regulation No 2423/88, Arts 2(4), 4 and 13) 6 Common commercial policy - Protection against dumping - Dumping margin - Determination of normal value - Product exported to the Community from an intermediate country (Council Regulation No 2423/88, Art. 2(6)) 7 It is a fundamental principle of Community law that the right to a fair hearing must be respected. In the field of protection against dumped imports, that right is specified in Article 7(1) and (4) of the basic anti-dumping regulation, Regulation No 2423/88, as a right to information which must be reconciled with the Community institutions' obligation to maintain the confidentiality of business secrets. In that regard, the undertakings concerned should have been placed in a position during the administrative procedure in which they could effectively make known their views on the correctness and relevance of the facts and circumstances alleged and on the evidence relied on by the Commission in support of its allegation concerning the existence of dumping and the resultant injury, not later than during the procedure for the adoption of the Council regulation. Since Article 7(4)(c)(i) of the basic anti-dumping regulation provides that requests for information made pursuant to Article 7(4)(b) must be in writing and must specify the particular issues on which information is sought, the sufficiency of the information provided by the Community institutions must be assessed in relation to how specific the request for information was. For the purposes of determining whether the Community institutions have fulfilled their obligation to provide information, regard must be had, in the circumstances of the case, to the special characteristics of the market, the knowledge of that market which the undertakings concerned possess and their ability, on the basis of that knowledge, to request such relevant details as they may require. 8 Where, in the procedure leading to the adoption of a regulation imposing provisional anti-dumping duties, the Commission fails to respect the right to a fair hearing of the undertakings alleged to have engaged in the dumping, that failure cannot in itself have the effect of vitiating the Council regulation imposing definitive duties. Such a regulation is distinct from the regulation imposing provisional duties, even if it is so closely connected with the latter that it may, in certain circumstances, take its place; consequently, its validity must be assessed in relation to the rules applying at the time of its adoption. Where, in the course of the procedure leading to the adoption of a regulation imposing a definitive duty, steps are taken to remedy a defect vitiating the adoption of the corresponding regulation imposing a provisional duty, the illegality of the provisional regulation does not render the definitive regulation illegal. Only in so far as the defect has not been remedied, and in so far as the definitive regulation refers to the provisional regulation, will the illegality of the earlier regulation render the later one illegal. 9 There is nothing in the wording of the basic anti-dumping regulation which indicates that the imposition of anti-dumping duties is dependent on any factor other than an injurious price differentiation as between the prices charged in the domestic market and those charged in the export market. The criteria of the market structure or the level of competition are not in themselves decisive for the purposes of applying a constructed normal value rather than a normal value based on actual prices, where the latter are the result of market forces. Consequently, in determining the normal value of the dumped product on the basis of the prices charged in the country of export, where that product is protected by a patent, the Community institutions did not commit an error of law or a manifest error of assessment of the facts. 10 The statement of reasons required by Article 190 of the Treaty must disclose in a clear and unequivocal fashion the reasoning followed by the Community authority which adopted the measure in question in such a way as to make the persons concerned aware of the reasons for the measure and thus enable them to defend their rights, and to enable the Community judicature to exercise its power of review. 11 The fact that a Community producer is facing difficulties, whether or not attributable in part to causes other than dumping, is not a reason for depriving that producer of all protection against the injury caused by the dumping. It follows that the imposition of an anti-dumping duty cannot be contested on the ground that the difficulties faced by the Community industry are due in part to the fact that that industry is at the start-up stage. Nor can it be claimed that the Community institutions exceeded their discretion by determining the reference price, that is to say, the minimum price at which the product must be imported into the Community if the Community industry is not to suffer injury, and the amount of the anti-dumping duty on the basis of the Community producer's production costs during the start-up phase, even where those costs are approximately twice as high as those of the exporting undertakings. 12 Where a product is not imported directly from the country of origin but is exported to the Community from an intermediate country, Article 2(6) of the basic anti-dumping regulation confers on the Community institutions a wide margin of appreciation as to whether to use either the price paid or payable on the market of the country of export or the price paid or payable on the market of the country of origin, provided that the price used is comparable. In that regard, the criteria which allow the Community institutions, pursuant to that provision, to use the prices prevailing in the country of origin are not fulfilled where the dumped product was not merely transhipped through an intermediate country prior to being imported into the Community but was sold to an economic operator in that intermediate country and was partly transformed and repackaged. [ Bailii ] Â Angelini v Commission (Rec 1997,p FP-IA-491,II-1277) T-222/95; [1997] EUECJ T-222/95 18 Dec 1997 ECFI European [ Bailii ] Â Garage Molenheide BVBA (C-286/94), Peter Schepens (C-340/95), Bureau Rik Decan-Business Research and Development NV (BRD) (C-401/95), Sanders BVBA (C-47/96) vBelgian State C-47/96; [1997] EUECJ C-47/96; [1998[ STC 126; [1997] ECR-1 7281 18 Dec 1997 ECJ European, VAT Sixth Directive (77/388/EEC) - Scope - Right to deduction of VAT - Retention of balance of VAT due - Principle of proportionality 1 Citers [ Bailii ] Â Garage Molenheide (Taxation) C-401/95; [1997] EUECJ C-401/95 18 Dec 1997 ECJ European [ Bailii ] Â Techex Computer, Grafik Vertriebs GmbH v Hauptzollamt Munchen C-382/95; [1997] EUECJ C-382/95 18 Dec 1997 ECJ European, Customs and Excise ECJ Reference for a preliminary ruling: Bundesfinanzhof - Germany. Common Customs Tariff - Tariff headings - Tariff classification of a 'Vista board' electronic component intended for image processing and capable of being used as a graphics card in a computer - Classification in the Combined Nomenclature. [ Bailii ] Â Commission v Spain (Rec 1997,p I-7351) (Judgment) C-361/95; [1997] EUECJ C-361/95 18 Dec 1997 ECJ European [ Bailii ] Â Commission v Spain (Rec 1997,p I-7337) (Judgment) C-360/95; [1997] EUECJ C-360/95 18 Dec 1997 ECJ European [ Bailii ] Â Garage Molenheide (Taxation) C-340/95; [1997] EUECJ C-340/95 18 Dec 1997 ECJ European [ Bailii ] Â European Information Technology Observatory (Law Relating To Undertakings) C-402/96; [1997] EUECJ C-402/96 18 Dec 1997 ECJ European [ Bailii ] Â Inter-Environnement Wallonie v Region Wallonne [1998] Env LR 623; C-129/96; [1997] ECR I/7411; [1997] EUECJ C-129/96 18 Dec 1997 ECJ European, Environment ECJ Member States are required to refrain from taking any measures liable seriously to compromise the results prescribed by a Directive, even though the date for its implementation has not yet expired. The test as to whether an item is discarded and is therefore waste was described: ''The general concept is now reasonably clear. The term 'discard' is used in a broad sense equivalent to 'get rid of'; but it is coloured by the examples of waste given in Annex I and the Waste Catalogue, which indicate that it is concerned generally with materials which have ceased to be required for their original purpose, normally because they are unsuitable, unwanted or surplus to requirements.'' 1 Citers [ Bailii ] Â Ballast Nedam Groep v Belgische Staat (Rec 1997,p I-7549) (Judgment) C-5/97; [1997] EUECJ C-5/97 18 Dec 1997 ECJ European [ Bailii ] Â Garage Molenheide and others v Belgische Staat C-286/94; [1997] EUECJ C-286/94; [1998] STC 126 18 Dec 1997 ECJ European, VAT ECJ Scope of directive - Right to deduction of VAT - Retention of balance of VAT due - Principle of proportionality. Sixth Directive 77/388/EEC 1 Citers [ Bailii ] Â European Information Technology Observatory, Europaische Wirtschaftliche Interessenvereinigung Case C-402/96 18 Dec 1997 ECJ European, Commercial Europa Reference for a preliminary ruling: Oberlandesgericht Frankfurt am Main -Germany. European Economic Interest Grouping - Business name Â Ford Dodge v Akzo and Boston Scientific and Cordis [1997] EWCA Civ 3042 18 Dec 1997 CA Intellectual Property, European [ Bailii ] Â Costantini v Commission (Rec 1997,p FP-IA-495,II-1293) T-57/96; [1997] EUECJ T-57/96 18 Dec 1997 ECFI European [ Bailii ] Â Daffix v Commission (Rec 1997,p FP-IA-453,II-1197) T-12/94 18 Dec 1997 ECFI European Â Delvaux v Commission (Rec 1997,p FP-IA-477,II-1247) T-142/95; [1997] EUECJ T-142/95 18 Dec 1997 ECFI European [ Bailii ] Â ATM v Commission (Rec 1997,p II-2529) T-178/94; [1997] EUECJ T-178/94 18 Dec 1997 ECFI European [ Bailii ] Â Gill v Commission (Rec 1997,p FP-IA-471,II-1231) T-90/95; [1997] EUECJ T-90/95 18 Dec 1997 ECFI European [ Bailii ] Â Commission v Belgium C-263/96; [1997] EUECJ C-263/96 18 Dec 1997 ECJ European [ Bailii ] Â Tabouillot v Directeur des services fiscaux de Meurthe-et-Moselle (Rec 1997,p I-7471) (Judgment) C-284/96; [1997] EUECJ C-284/96 18 Dec 1997 ECJ European [ Bailii ] Â Annibaldi v Sindaco del Comune di Guidonia and Presidente Regione Lazio (Rec 1997,p I-7493) (Judgment) C-309/96; [1997] EUECJ C-309/96 18 Dec 1997 ECJ European, Agriculture ECJ Agriculture - Nature and archaeological park - Economic activity - Protection of fundamental rights- Lack of jurisdiction of the Court. 1 Citers [ Bailii ] Â Ajinomoto v Council (Commercial Policy) T-160/94; [1997] EUECJ T-160/94 18 Dec 1997 ECFI European ECFI Commercial Policy - Action for annulment - Dumping - Aspartame - Right to a fair hearing - Normal value - Reference country - Patent - Injury [ Bailii ] Â
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