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Reports of Cases before the Court

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COURT OF JUSTICE
OF THE
EUROPEAN COMMUNITIES
Reports
of
Cases before the Court
1964
LUXEMBOURGThese reports are published by the Court of Justice; they may be repro­
duced ; provided the source is acknowledged. The mode of citation of a
judgment in this volume shall be as follows: Case 1/64 Glucoseries Réunies
ν Commission of the EEC [1964] E.C.R., p. 413.
The head note of a judgment has no binding force and is in no way to be
regarded as an authentic interpretation of the judgment summarized
therein.
Texts bearing the footnote 'CMLR' are based on translations from Common
Market Law Reports, published by Common Law Reports Ltd., of 49
Park Lane, London W. 1. Third parties reproducing such texts are requested
to acknowledge that they are based on translations originally published by
Common Law Reports Ltd. in the Common Market Law Reports.
OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN COMMUNITIES
6427Boîte postale 1003 — LuxembourgTable of Cases reported in Volume 1964
Joined Cases 73 and 74/63: Two references for a preliminary ruling
under Article 177 of the EEC Treaty by the College van Beroep voor
het Bedrijfsleven, The Hague, by decisions of that court of 10 July
1963 in the actions pending before it between NV Internationale
Crediet- en Handelsvereniging 'Rotterdam' (first plaintiff) and
De Coöperatieve Suikerfabriek en Raffinaderij G.A. 'Puttershoek'
(second plaintiff) and Minister van Landbouw en Visserij, The
Hague, (defendant)
1Judgment of the Court of 18 February 1964.
Opinion of Mr Advocate-General Roemer delivered on 16 December
1963 16
Case 15/63: Claude Lassalle ν European Parliament
31Judgment of the Court of 4 March 1964
Opinion of Mr Advocate-General Lagrange delivered on 16 December
1963 40
Order of the Court of 14 November 1963 50
Opinion of Mr Lagrange delivered on 5 November
1963 52
Order of the President of the Court of 13 March 1963 57
Case 11/63: Robert Lepape ν High Authority of the ECSC
61Judgment of the Court (First Chamber) of 19 March 1964
Opinion of Mr Advocate-General Lagrange delivered on 5 December
1963 80
Case 18/63: Mrs Estelle Wollast (née Schmitz) ν European Eco­
nomic Community
85Judgment of the Court (First Chamber) of 19 March 1964
Opinion of Mr Advocate-General Lagrange delivered on 28 January
1964 103
Joined Cases 20 and 21/63: Jean Maudet ν Commission of the EEC
113Judgment of the Court of 19 March 1964
Opinion of Mr Advocate-General Lagrange delivered on 21 January
1964 122
Case 27/63: Goffredo Raponi ν Commission of the EEC
129Judgment of the Court of 19 March 1964
Opinion of Mr Advocate-General Roemer delivered on 6 February
1964 140
149Order of the Court (Second Chamber) of 19 November 1963
Case 67/63: Société Rhénane d'Exploitation et de Manutention
'SOREMA' ν High Authority of the ECSC
151Judgment of the Court of 19 March 1964
Opinion of Mr Advocate-General Roemer delivered on 28 January
1964 167
174Order of the President of the Court of 24 September 1963
iTABLE OF CASES REPORTED IN VOLUME 1964
Case 75/63: Reference for a preliminary ruling under Article 177 of
the EEC Treaty by the Centrale Raad van Beroep, Utrecht, by order
of that court of 21 May 1963 in the action pending before it between
Mrs M. K. H. Hoekstra (née Unger) and Bestuur der Bedrijfs­
vereniging voor Detailhandel en Ambachten, Utrecht
177Judgment of the Court of 19 March 1964
Opinion of Mr Advocate-General Lagrange delivered on 10 December
1963 188
Case 101/63: Reference for a preliminary ruling under Article 177
of the EEC Treaty and Article 150 of the EAEC Treaty made by the
Tribunal d'Arrondissement, Luxembourg (Chambre Correction­
nelle) in ajudgment of that court on 29 May 1963 in the action pend­
ing before it between Albert Wagner (plaintiff") and Jean Fohrmann
and Antoine Krier (defendants)
195Judgment of the Court of 12 May 1964
203Opinion of Mr Advocate-General Lagrange delivered on 30 April 1964
Joined Cases 55 to 59 and 61 to 63/63: Acciaierie Fonderie Ferriere of
Modena, Acciaierie e Ferriere L. Bosio, Ferriere e Acciaierie Napole­
tane, Siderurgica Sarda, Sideral, I.L.F.O., O.R.I. Martin and Stefana
Fratelli fu Girolamo ν High Authority of the ECSC
211Judgment of the Court of 9 June 1964
231Opinion of Mr Advocate-General Roemer delivered on 29 April 1964
Case 69/63: Mrs Anne-Marie Marcillat (née Capitaine) ν Com­
mission of the EAEC
239Judgment of the Court (First Chamber) of 9 June 1964
Opinion of Mr Advocate-General Lagrange delivered on 11 March
2531964
Joined Cases 79 and 82/63: Jean Reynier and Piero Erba ν Commis­
sion of the EEC
259Judgment of the Court (Second Chamber) of 9 June 1964
269Opinion of Mr Advocate-General Roemer delivered on 13 May 1964
Order of the President of the Court of 13 November 1963 279
Case 92/63: Reference for a preliminary ruling under Article 177
of the EEC Treaty by the Centrale Raad van Beroep, Utrecht, by
order of that court of 16 October 1963 in the action pending before
it between Mrs M. Th. Nonnenmacher, widow of Η. E. Moebs, and
Bestuur der Social Verzekeringsbank
281Judgment of the Court of 9 June 1964
290Opinion of Mr Advocate-General Lagrange delivered on 17 April 1964
Joined Cases 94 and 96/63: Pierre Bernusset ν Commission of the
EEC
297Judgment of the Court (Second Chamber) of 9 June 1964
314Opinion of Mr Advocate-General Roemer delivered on 5 May 1964
Case 84/63: J. A. G. Baron de Vos van Steenwijk ν Commission of
the EAEC
321Judgment of the Court (First Chamber) of 25 June 1964
336Opinion of Mr Advocate-General Lagrange delivered on 3 June 1964
iiTABLE OF CASES REPORTED IN VOLUME 1964
Case 26/63: Piergiovanni Pistoj ν Commission of the EEC
341Judgment of the Court (Second Chamber) of 1 July 1964
359Opinion of Mr Advocate-General Roemer delivered on 10 June 1964
Case 78/63: Rémy Huber ν Commission of the EEC
367Judgment of the Court (Second Chamber) of 1 July 1964
382Opinion of Mr Advocate-General Roemer delivered on 10 June 1964
Case 80/63: Robert Degreef ν Commission of the EEC
391Judgment of the Court (Second Chamber) of 1 July 1964
409Opinion of Mr Advocate-General Roemer delivered on 10 June 1964
Case 1/64: Glucoseries Réunies ν Commission of the EEC
413Judgment of the Court of 2 July 1964
419Opinion of Mr Advocate-General Roemer delivered on 16 June 1964
Case 103/63: Rhenania, Schifffahrts- und Speditions-Gesellschaft
mbH and Others ν Commission of the EEC
425Judgment of the Court of 2 July 1964
430Opinion of Mr Advocate-General Roemer delivered on 4 June 1964
Case 70/63: Umberto Collotti ν Court of Justice of the European
Communities
435Judgment of the Court (First Chamber) of 7 July 1964
461Opinion of Mr Advocate-General Lagrange delivered on 4 March 1964
Case 87/63: Jacqueline Georges ν Commission of the EAEC
469Judgment of the Court (First Chamber) of 7 July 1964
486Opinion of Mr Advocate-General Lagrange delivered on 10 June 1964
Case 93/63: Simone Minot (née Van Nuffel) ν Commission of the
EAEC
489Judgment of the Court of 7 July 1964
512Opinion of Mr Advocate-General Lagrange delivered on 17 June 1964
Case 97/63: Luigi de Pascale ν Commission of the EEC
515Judgment of the Court (Second Chamber) of 7 July 1964
529Opinion of Mr Advocate-General Roemer delivered on 27 June 1964
Case 66/63: Government of the Kingdom of the Netherlands ν High
Authority of the ECSC
533Judgment of the Court of 15 July 1964
552Opinion of Mr Advocate-General Lagrange delivered on 14 May 1964
Case 100/63: Reference for a preliminary ruling under Article 177
of the EEC Treaty by the Centrale Raad van Beroep, Utrecht, by
order of that court of 30 October 1963 in the action pending before it
between MrsJ. Kalsbeek (née van der Veen) and Bestuur der Sociale
Verzekeringsbank and in nine other cases
565Judgment of the Court of 15 July 1964
578Opinion of Mr Advocate-General Lagrange delivered on 4 June 1964
iiiTABLE OF CASES REPORTED IN VOLUME 1964
Case 6/64: Reference for a preliminary ruling under Article 177 of
the EEC Treaty by the Giudice Conciliatore, Milan, by order of that
court of 20 February 1964 in the action pending before it between
Flaminio Costa and ENEL
585Judgment of the Court of 15 July 1964
600Opinion of Mr Advocate-General Lagrange delivered on 25 June 1964
614Order of the Court of 3 June 1964
Case 17/64 R: Benoît Suss ν High Authority of the ECSC
617Order of the President of the Court of 29 May 1964
Joined Cases 20 and 21/63: Jean Maudet ν Commission ofthe EEC
621Order of the Court (First Chamber) of 30 September 1964
Joined Cases 90 and 91/63: Commission of the EEC ν Grand Duchy
of Luxembourg and Kingdom of Belgium
625Judgment of the Court of 13 November 1964
Opinion of Mr Advocate-General Roemer delivered on 13 October
1964 635
Case 24/64: Reference for a preliminary ruling under Article 177 of
the EEC Treaty by the Centrale Raad van Beroep, Utrecht, by order
of that court of 29 April 1964 in the action pending before it between
Miss A. M. Dingemans and Bestuur der Sociale Verzekeringsbank
647Judgment of the Court of 2 December 1964
656Opinion of Mr Advocate-General Gand delivered on 3 November 1964
Joined Cases 109/63 and 13/64: Charles Muller ν Commission of the
EEC
663Judgment of the Court (Second Chamber) of 16 December 1964
Opinion of Mr Advocate-General Roemer delivered on 18 November
1964 677
Case 102/63: Jacques Boursin ν High Authority of the ECSC
691Judgment of the Court (First Chamber) of 17 December 1964
Opinion of Mr Advocate-General Roemer delivered on 2 December
1964 710
Index of Parties 721
725Alphabetical Index of Subject Matter
731Index of Provisions judicially considered
731Treaty establishing the European Coal and Steel Community
731Protocol on the Privileges and Immunities of the ECSC.
731Staff Regulations of the ECSC (1956)
731Staff of Officials of the ECSC
731Treaty establishing the European Economic Community
ivTABLE OF CASES REPORTED IN VOLUME 1964
732Protocol on the Statute of the Court ofJustice of the EEC
732Protocol on the Privileges and Immunities of the EEC
732Staff Regulations of Officials of the EEC and of the EAEC
734Conditions of Employment of Other Servants of the EEC and EAEC
734Regulation No 3 of the Council of the EEC
734 No 130 of the Council of the EEC
734Treaty establishing the European Atomic Energy Community
734Protocol on the Privileges and Immunities of the EAEC
734Rules of Procedureof the Court ofJustice of the European Communities
VJUDGMENT OF THE COURT
18 FEBRUARY 19641
N.V. Internationale Crediet- en Handelsvereniging
'Rotterdam'
and
De Coöperatieve Suikerfabriek en Raffinaderij
G.A. 'Puttershoek'
ν Minister van Landbouw en Visserij
(Netherlands Minister of Agriculture and Fisheries)2
(Two references for a preliminary ruling by the College van
Beroep voor het Bedrijfsleven)
Joined Cases 73 and 74/63
Summary
1. Transitional period — Protective measures — Manner of implementation — Least
disturbance — Conditional authorization of measures sought
(EEC Treaty, Article 226)
2. Transitional period — Protective measures — Serious difficulties — Concept
(EEC Treaty, Article 226)
3. Customs duties — Elimination — Prohibition against introduction of new duties —
Protective measures under Article 226 — Clearly stipulated exception to this prohibition
1. Article 226 constitutes an excep­ of whose economic activity is af­
tional provision only as regards the fected by the measures authorized.
nature and the extent of derogation With this in view, the authorization
from the Treaty ánd not as regards granted to the State applying to take
the detailed rules laid down by the the protective measures may be made
Commission in order to achieve the subject to the condition, express or
protection sought. In this respect, the implied, that the State, a sector of
whose economic activity is affectedCommission, which is bound to give
priority to such measures as will by these measures, does not itself
least disturb the functioning of the prefer to apply them.
Common Market, must use the means Ci. judgment in Case 13/63, para­
which are least likely to have an graph 4 of Summary, Rec. 1963,
adverse effect on the State, a sector p. 165.
1 — Language of the Case: Dutch.
2 —CMLR.
1JUDGMENT OF 18.2.64 —JOINED CASES 73 AND 74/63
2. Article 226 employs the term 'diffi­ ulated exception to the prohibition
culties' without making any distinc­ against the introduction of new cus­
tion on the basis of whether the toms duties.
difficulties are caused by the applica­ Cf. judgment in Joined Cases 2 and
tion of the Treaty or otherwise. 3/63, paragraph 3 of Summary, Rec.
1962, page 817.
3. Article 226 constitutes a clearly stip-
In Joined Cases 73 and 74/63
Two references to the Court under Article 177 of the Treaty establishing the
European Economic Community made by the College van Beroep voor het
Bedrijfsleven for a preliminary ruling in the actions pending before that
court between
1. N.V. Internationale Crediet- en Handelsvereniging 'Rotterdam',
having its registered office at Rotterdam,
first plaintiff,
2. De Cooperative Suikerfabriek en Raffinaderij G.A. 'putters­
hoek', having its registered office at Puttershoek,
second plaintiff,
represented by F. Salomonson, advocate at Dordrecht,
and
Minister van Landbouw en Visserij, The Hague, represented by his
agents J. H. Weber and L.J. Schippers,
on the following questions (in so far as each is necessary by reason of their
interdependence):
1. Does the Decision of the Commission of the European Economic Com­
munity of 27 July 1960 (extended on 21 December 1960, renewed on 28
June 1961 and again amended on 27 February 1962) fixing the protective
measures concerning the importation into the Federal Republic of
Germany of bread and fondant paste originating in other Member
States authorize the Netherlands to impose a duty on the export of
fondant paste to the Federal Republic of Germany?
2. If Question 1 is answered in the affirmative:
(a) was the Commission competent, under Article 226 of the Treaty
establishing the European Economic Community, to grant this
authorization to the Netherlands when the latter did not apply for it ?
2