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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-