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4.7.

98 EN Official Journal of the European Communities C 209/9

Consideration of the question referred has disclosed no 4. Orders the Council of the European Union to bear its
factor capable of affecting the validity of Article 1 of own costs.
Commission Decision 96/239/EC of 27 March 1996 on
emergency measures to protect against bovine spongiform (1) OJ C 197 of 6.7.1996.
encephalopathy.

(1) OJ C 197 of 6.7.1996.

JUDGMENT OF THE COURT
of 5 May 1998
in Case C-386/96 P: SocieÂte Louis Dreyfus & Cie v.
JUDGMENT OF THE COURT Commission of the European Communities (1)
of 5 May 1998
(Emergency assistance given by the Community to the
in Case C-180/96: United Kingdom of Great Britain and States of the former Soviet Union Ð Loan Ð
Northern Ireland v. Commission of the European Documentary credit Ð Action for annulment Ð
Communities, supported by Council of the European Admissibility Ð Directly concerned')
Union (1)
(98/C 209/18)
(Agriculture Ð Animal health Ð Emergency measures
against bovine spongiform encephalopathy Ð Mad cow (Language of the case: French)
disease')
(98/C 209/17) (Provisional translation; the definitive translation will be
published in the European Court Reports)
(Language of the case: English)
In Case C-386/96 P: SocieÂte Louis Dreyfus & Cie, a
company incorporated under French law, established in
In Case C-180/96: United Kingdom of Great Britain and Paris, represented by Robert Saint-Esteben, of the Paris
Northern Ireland (Agents: Lindsey Nicoll, assisted by Bar, with an address for service in Luxembourg at the
Nicholas Lyell, Paul Lasok and David Anderson) v. Chambers of Aloyse May, 31 Grand-Rue Ð appeal
Commission of the European Communities (Agents: Dierk against the judgment of the Court of First Instance of the
Booû and James Macdonald Flett), supported by Council European Communities (Third Chamber) of 24 September
of the European Union (Agents: Arthur Brautigam and 1996 in Case T-485/93 Dreyfus v. Commission [1996]
Moyra Sims) Ð application for annulment of Commission ECR II-1101, seeking to have that judgment set aside, the
Decision 96/239/EC of 27 March 1996 on emergency other party to the proceedings being the Commission of
measures to protect against bovine spongiform the European Communities represented by Marie-JoseÂ
encephalopathy (OJ L 78 of 28.3.1996, p. 47) and of Jonczy, Legal Adviser, and Nicholas Khan Ð the Court,
certain other acts of the Commission Ð the Court, composed of: G. C. Rodríguez Iglesias, President,
composed of: G. C. Rodríguez Iglesias, President, C. C. Gulmann, H. Ragnemalm, M. Wathelet (Rapporteur)
Gulmann, H. Ragnemalm, M. Wathelet, R. Schintgen and R. Schintgen (Presidents of Chambers), G. F. Mancini,
(Presidents of Chambers), G. F. Mancini, J. C. Moitinho J. C. Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,
de Almeida, J. L. Murray, D. A. O. Edward, J.-P. D. A. O. Edward, J.-P. Puissochet, G. Hirsch and P. Jann,
Puissochet, G. Hirsch, P. Jann and L. Sevón (Rapporteur), L. Sevón and K. M. Ioannou, Judges, Advocate General:
Judges; G. Tesauro, Advocate General; L. Hewlett, A. La Pergola, Registrar: D. Louterman-Hubeau, Principal
Administrator, for the Registrar, has given a judgment on Administrator, has given a judgment on 5 May 1998, in
5 May 1998, in which it: which it:

1. Declares the action brought by the United Kingdom of 1. Annuls the judgment of the Court of First Instance of
Great Britain and Northern Ireland inadmissible in so 24 September 1996 in Case T-485/93 Dreyfus v.
far as it seeks annulment of the Commission's Commission in so far as it dismisses as inadmissible
statements of position of 10 April, 13 April and 8 May the action for annulment brought by Louis Dreyfus &
1996. Cie.

2. Dismisses the action brought by the United Kingdom 2. Refers the case back to the Court of First Instance for
of Great Britain and Northern Ireland in so far as it judgment on the substance.
seeks annulment of Commission Decision 96/239/EC
of 27 March 1996 on emergency measures to protect 3. Reserves costs.
against bovine spongiform encephalopathy.
(1) OJ C 40 of 8.2.1997.
3. Orders the United Kingdom of Great Britain and
Northern Ireland to pay the costs.