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8.7.

2000 EN Official Journal of the European Communities C 192/3

1. Declares that, by not adopting within the period prescribed all 1. Article 1 of Council Regulation (EC) No 3295/94 of
the laws, regulations and administrative measures necessary to 22 December 1994 laying down measures to prohibit the release
comply with Article 6(3) and (4) of Council Directive for free circulation, export, re-export or entry for a suspensive
92/43/EEC of 21 May 1992 on the conservation of natural procedure of counterfeit and pirated goods is to be interpreted as
habitats and of wild fauna and flora, the French Republic has being applicable where goods of the type specified in Regulation
failed to fulfil its obligations under that Directive; No 3295/94, imported from a non-member country, are, in the
course of their transit to another non-member country, tempor-
2. Dismisses the remainder of the action; arily detained in a Member State by the customs authorities of
that State on the basis of that regulation and at the request of
3. Orders each of the parties to bear its own costs. the company which holds rights in respect of those goods which
it claims have been infringed and whose registered office is in a
non-member country.
(1) OJ C 278 of 5.9.1998.
2. Consideration of the questions raised has revealed no factor of
such a kind as to affect the validity of Regulation No 3295/94.

(1) OJ C 397 of 19.12.1998.

JUDGMENT OF THE COURT

(First Chamber) JUDGMENT OF THE COURT

of 6 April 2000 (Sixth Chamber)

of 13 April 2000
in Case C-383/98 (reference for a preliminary ruling from
the Oberster Gerichtshof): The Polo/Lauren Company LP in Case C-176/96 (reference for a preliminary ruling from
v PT. Dwidua Langgeng Pratama International Freight the Tribunal de Première Instance de Bruxelles): Jyri
Forwarders (1) Lehtonen and Castors Canada Dry Namur-Braine ASBL v
Fédération Royale Belge des Sociétés de Basket-ball ASBL
(Common commercial policy — Regulation (EC) No 3295/94 (FRBSB) (1)
— Prohibition of the release for free circulation, export, re-
export or entry for a suspensive procedure of counterfeit and (Freedom of movement for workers — Competition rules
pirated goods — Whether applicable to goods in external applicable to undertakings — Professional basketball players
transit — Validity) — Sporting rules on the transfer of players from other
Member States)

(2000/C 192/05) (2000/C 192/06)

(Language of the case: German) (Language of the case: French)

(Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published
in the European Court Reports)
in the European Court Reports)
In Case C-176/96: reference to the Court under Article 177 of
In Case C-383/98: reference to the Court under Article 177 of the EC Treaty (now Article 234 EC) from the Tribunal de
the EC Treaty (now Article 234 EC) from the Oberster Première Instance (Court of First Instance), Brussels, for a
Gerichtshof (Supreme Court), Austria, for a preliminary ruling preliminary ruling in the proceedings pending before that
in the proceedings pending before that court between The court between Jyri Lehtonen and Castors Canada Dry Namur-
Polo/Lauren Company LP and PT. Dwidua Langgeng Pratama Braine ASBL and Fédération Royale Belge des Sociétés de
International Freight Forwarders — on the interpretation of Basket-ball ASBL (FRBSB), intervener: Ligue Belge — Belgische
Council Regulation (EC) No 3295/94 of 22 December 1994 Liga ASBL — on the interpretation of Articles 6, 48 of the EC
laying down measures to prohibit the release for free circu- Treaty (now, after amendment, Articles 12 EC and 39 EC), 85
lation, export, re-export or entry for a suspensive procedure of and 86 of the EC Treaty (now Articles 81 EC and 82 EC)
counterfeit and pirated goods (OJ 1994 L 341, p. 8) — the — the Court (Sixth Chamber), composed of: R. Schintgen,
Court (First Chamber), composed of: L. Sevón, President of the President of the Second Chamber, acting as President of the
Chamber, P. Jann and M. Wathelet (Rapporteur), Judges; Sixth Chamber, G. Hirsch and H. Ragnemalm (Rapporteur),
D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl, Princi- Judges; S. Alber, Advocate General; L. Hewlett, Administrator,
pal Administrator, for the Registrar, has given a judgment on for the Registrar, has given a judgment on 13 April 2000, in
6 April 2000, in which it has ruled: which it has ruled: