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C 258/2 EN Official Journal of the European Communities 15.8.

98

uniform basis of assessment (OJ L 145 of 13.6.1977, p. 1) Belgium (Agent: Annie Snoecx) Ð application for a
and of Articles 6 and 59 of the EC Treaty Ð the Court declaration that, by failing to adopt the laws, regulations
(Fifth Chamber), composed of: C. Gulmann, President of and administrative provisions necessary to comply with
the Chamber, M. Wathelet, J. C. Moitinho de Almeida Council Directive 94/57/EC of 22 November 1994 on
(Rapporteur), D. A. O. Edward and J.-P. Puissochet, common rules and standards for ship inspection and
Judges; N. Fennelly, Advocate General; D. Louterman- survey organisations and for the relevant activities of
Hubeau, Principal Administrator, for the Registrar, has maritime administrations (OJ L 319 of 12.12.1994, p. 20),
given a judgment on 7 May 1998, in which it has ruled: the Kingdom of Belgium has failed to fulfil its obligations
under that directive and the EC Treaty Ð the Court (Fifth
Chamber), composed of: C. Gulmann (Rapporteur),
1. The term fixed establishment' in Article 9(1) of the President of the Chamber, M. Wathelet, J. C. Moitinho de
Sixth Council Directive 77/388/EEC of 17 May 1977 Almeida, P. Jann and L. Sevón, Judges; F. G. Jacobs,
on the harmonisation of the laws of the Member Advocate General; R. Grass, Registrar, has given a
States relating to turnover taxes Ð Common system of judgment on 14 May 1998, in which it:
value added tax: uniform basis of assessment must be
interpreted in such a way that an undertaking
established in one Member State which hires out or
1. Declares that, by failing to adopt within the period
leases a number of vehicles to clients established in
prescribed, the laws, regulations and administrative
another Member State does not possess a fixed
provisions necessary to comply with Council Directive
establishment in that other State merely by engaging in
94/57/EC of 22 November 1994 on common rules and
that hiring out or leasing.
standards for ship inspection and survey organisations
and for the relevant activities of maritime
2. It is contrary to Article 59 of the EC Treaty for administrations, the Kingdom of Belgium has failed to
national rules to provide that taxable persons not fulfil its obligations under Article 16(1) of that
established in a Member State, who apply for a refund Directive;
of VAT in accordance with the Eighth Council
Directive 79/1072/EEC of 6 December 1979 on the
harmonisation of the laws of the Member States 2. Orders the Kingdom of Belgium to pay the costs.
relating to turnover taxes Ð Arrangements for the
refund of value added tax to taxable persons not
(1) OJ C 370 of 6.12.1997.
established in the territory of the country, are entitled
to interest only from such time as notice to pay was
served on that Member State and at a lower rate than
that applied to the interest paid to taxable persons
established in the territory of that State automatically
on the expiry of the statutory time-limit for
reimbursement.
JUDGMENT OF THE COURT
( ) OJ C 40 of 8.2.1997.
1 (Fourth Chamber)
of 28 May 1998
in Case C-62/97 P: Commission of the European
Communities v María Lidia Lozano Palacios (1)
(Appeal Ð Officials Ð Former national export on
JUDGMENT OF THE COURT detachment Ð Installation allowance)
(Fifth Chamber)
(98/C 258/04)
of 14 May 1998
in Case C-368/97: Commission of the European (Language of the case: French)
Communities v Kingdom of Belgium (1)
(Failure to fulfil obligations Ð Failure to transpose
Directive 94/57/EC)
(Provisional translation; the definitive translation will be
(98/C 258/03) published in the European Court Reports)

(Language of the case: Dutch)
In Case C-62/97 P: Commission of the European
Communities (Agent: Julian Currall, assisted by Denis
(Provisional translation; the definitive translation will be Waelbroeck) Ð appeal against the judgment of the Court
published in the European Court Reports) of First Instance (Second Chamber) of 12 December 1996
in Case T-33/95 Lozano Palacios v Commission [1996]
ECR-SC II-1535, seeking to have that judgment set aside,
In Case C-368/97: Commission of the European the other party to the proceedings being: María Lidia
Communities (Agent: Berend Jan Drijber) v Kingdom of Lozano Palacios, official of the Commission of the
15.8.98 EN Official Journal of the European Communities C 258/3

European Communities, residing in Brussels, represented Regulation (EC) No 1107/96 of 12 June 1996 on the
by Jean-NoeÈl Louis, of the Brussels Bar, with an address registration of geographical indications and designations
for service in Luxembourg at the offices of Fiduciaire of origin under the procedure laid down in Article 17 of
Myson SARL, 30 Rue de Cessange Ð the Court (Fourth Regulation No 2081/92 (OJ L 148 of 21.6.1996, p. 1) Ð
Chamber), composed of: H. Ragnemalm, President of the the Court, composed of: G. C. Rodríguez Iglesias,
Chamber, P. J. G. Kapteyn and K. M. Ioannou President, C. Gulmann (Rapporteur), H. Ragnemalm and
(Rapporteur), Judges; G. Tesauro, Advocate General; R. M. Wathelet (Presidents of Chambers), J. C. Moitinho de
Grass, Registrar, has given a judgment on 28 May 1998, Almeida, P. J. G. Kapteyn, J. L. Murray, J.-P. Puissochet,
in which it: G. Hirsch, P. Jann and L. Sevón, Judges; A. La Pergola,
Advocate General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 9 June 1998, in which
1. Dismisses the appeal; it has ruled:

2. Orders the Commission of the European Communities 1. Council Regulation (EEC) No 2081/92 of 14 July
to pay the costs. 1992 on the protection of geographical indications
and designations of origin for agricultural products
and foodstuffs must be interpreted as meaning that,
(1) OJ C 108 of 5.4.1997.
since its entry into force, a Member State may not, by
adopting provisions of national law, alter a
designation of origin for which it has requested
registration in accordance with Article 17 and protect
that designation at national level.

JUDGMENT OF THE COURT 2. As regards a compound' designation of origin, the
of 9 June 1998 fact that there is no footnote in the annex to
Commission Regulation (EC) No 1107/96 of 12 June
in Joined Cases C-129/97 and C-130/97 (reference for a 1996 on the registration of geographical indications
preliminary ruling from the Tribunal de Grande Instance, and designations of origin under the procedure laid
Dijon): criminal proceedings against Yvon Chiciak and down in Article 17 of Regulation No 2081/92
Fromagerie Chiciak, Jean-Pierre Fol, third parties: specifying that registration is not sought for one of the
Syndicat de DeÂfense de l'EÂpoisses and Others (1) parts of that designation does not necessarily mean
(Regulation (EEC) No 2081/92 on the protection of that each of its constituent parts is protected.
geographical indications and designations of origin for
agricultural products and foodstuffs Ð Exclusive (1) OJ C 142 of 10.5.1997.
competence of the Commission Ð Scope of the protection
of names comprising several terms)
(98/C 258/05)

(Language of the case: French)
JUDGMENT OF THE COURT
(Sixth Chamber)
(Provisional translation; the definitive translation will be of 11 June 1998
published in the European Court Reports)
in Joined Cases C-232/95 and C-233/95: Commission of
the European Communities v Hellenic Republic (1)
In Joined Cases C-129/97 and C-130/97: reference to the
Court under Article 177 of the EC Treaty from the (Failure to fulfil obligations Ð Directive 76/464/EEC Ð
Tribunal de Grande Instance (Regional Court), Dijon Water pollution Ð Non-transposition)
(France), for a preliminary ruling in the criminal (98/C 258/06)
proceedings pending before that court against Yvon
Chiciak and Fromagerie Chiciak (C-129/97), Jean-Pierre
Fol (C-130/97), third parties: Syndicat de DeÂfense de (Language of the case: Greek)
l'EÂpoisses (C-129/97 and C-130/97), Institut National des
Appellations d'Origine ContrôleÂes (INAO) (C-129/97 and
C-130/97), Association Nationale d'Appellation d'Origine
LaitieÁre FrancËaise (ANAOF) (C-129/97 and C-130/97), (Provisional translation; the definitive translation will be
Laiterie de la Côte SARL and Others (C-130/97) Ð on the published in the European Court Reports)
interpretation of Council Regulation (EEC) No 2081/92 of
14 July 1992 on the protection of geographical indications
and designations of origin for agricultural products and In Joined Cases C-232/95 and C-233/95: Commission of
foodstuffs (OJ L 208 of 24.7.1992, p. 1) and Commission the European Communities (Agent: Maria Condou-