Criminal proceedings against Kolpinghuis Nijmegen

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Brief : 194325 Delivery Date : 29 March 2007 Title: Download a case from the Europa website. Find the ECJ judgment for criminal proceedings against Kolpinghuis Nijmegen BV 80/86. Based upon this download of the judgment, answer all of the following questions. ANSWER Source: Judgment of the Court (Sixth Chamber) of 8 October 1987. Criminal proceedings against Kolpinghuis Nijmegen BV. Reference for a preliminary ruling: Arrondissementsrechtbank Arnhem – Netherlands. Case 80/86. European Court reports 1987 Page 03969 A. In no more than 100 words summarise the material facts of this case. A Netherlands company was prosecuted for selling a drink consisting of tap-water and carbon dioxide which it called mineral water. The company was charged with infringing a national law banning the sale of goods of improper composition. Directive 80/777, which stipulates that member states ensure that only water acknowledged by a relevant authority as natural mineral water meeting the Directive’s specifications are marketed as natural mineral water was cited by the prosecutor. Directive 80/777 required national transposition by July 1984. The alleged crime at issue was committed in August 1984. The applicable Dutch law was not amended until August 1985. (100 words total) Reference: Judgment paras 2 and 3.       B. Which court did this case commence in, who brought the action, and who was the defendant? This criminal case was commenced at the Arrondissementsrechtbank (District Court) at Arnhem in The Netherlands. The action was instigated by the local public prosecutor, the Officier van Justitie. The Dutch undertaking Kolpinghuis Nijmegen BV was the defendant in the action. Reference: Judgment Headnote C. Identify the party/body who/which referred this case to the European Court of Justice, and, identify the procedure by which this was done. It was the Arrondissementsrechtbank (District Court) at Arnhem that referred this case to the European Court of Justice under Article 177 of the Treaty of Rome (which is now set out in Article 234 of the Treaty as amended by the Treaty of Amsterdam). The reference was made to obtain a preliminary ruling on the extent of Directive 80/777 in the criminal proceedings pending before the District Court against Kolpinghuis Nijmegen BV. The Article 177 (now 234) procedure is known as the preliminary ruling procedure. Such rulings provide national courts with guidance on the interpretation of EU law and are so called because they are used to inform the final ruling, which is delivered by the national court itself.   Reference: Judgment Headnote     D. Identify the parties which intervened in the present case. The following parties all saw fit to intervene in the case by way of submitted observations: the Netherlands state, the United Kingdom, the Italian Government, and the Commission of the European Communities. Reference: Judgment Headnote     E. With reference to the European Court of Justice’s ruling explain why Directive 80/777 itself could not have been enforced against the defendant in your own words,

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