CELEX: C1995/268/11
Language: en
Date: 1995-10-14 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 11 August 1995 in Case C-448/93 P: Commission of the European Communities v. Muireann Noonan (Appeal - Official - Admissibility of an action challenging a decision of a selection board applying the conditions laid down in a competition notice the lawfulness of which is contested)

No C 268/6              EN |                Official Journal of the European Communities                                    14 . 10 . 95
1 , declares that, by failing to adopt within the prescribed                           JUDGMENT OF THE COURT
    period the laws, regulations and administrative                                             ( Fifth Chamber)
    provisions necessary to comply with the requirements
    arising under Council Directive 88/29S/EEC of                                             of 11 August 1995
    22 March 1 988 amending Directive 77/62/EEC relating               in Case C-l /94 (reference for a preliminary ruling from the
    to the coordination of procedures on the award of                  Consiglio di Stato ): Cavarzere Produzioni Industriali SpA
    public supply contracts and repealing certain provisions           and Others v. Ministero dell'Agricoltura e delle Foreste and
    of Directive 80/767/EEC and under Council Directive                                              Others (M
    89/440/EEC of 18 July 1989 amending Directive                      (Common organization of the market — Sugar quotas —
    71 /305/EEC concerning coordination ofprocedures for                               Transfers between undertakings)
    the award of public works contracts, the Federal
    Republic of Germany has failed to fulfil its obligations                                      ( 95/C 268/12 )
    under the EC Treaty;
2 , orders the Federal Republic of Germany to pay the                                   (Language of the case: Italian)
    costs .
                                                                       (Provisional translation; the definitive translation will be
H OJ No C 338 , 15 . 12 . 1993 .                                                 published in the European Court Reports)
                                                                       In Case C-l /94 : reference to the Court under Article 177 of
                                                                       the EC Treaty from the Consiglio di Stato (Council ofState)
                                                                       ( Italy) for a preliminary ruling in the proceedings pending
                                                                       before that court between Cavarzere Produzioni Industriali
              JUDGMENT OF THE COURT                                    SpA and Others and Ministero deH'Agricoltura e delle
                         ( Fifth Chamber)                              Foreste and Others — on the interpretation of Council
                                                                       Regulation ( EEC ) No 1785/81 of 30 June 1981 on the
                        of 11 August 1995
                                                                       common organization of the markets in the sugar sector ( OJ
in Case C-448/93 P: Commission of the European                         No L 177, p. 4 ) and Council Regulation ( EEC ) No 193/82 of
            Communities v. Muireann Noonan ( x )                       26 January 1982 laying down general rules for transfers of
(Appeal — Official — Admissibility ofan action challenging             quotas in the sugar sector ( OJ No L 21 , p. 3 ) — the Court
a decision of a selection board applying the conditions laid           ( Fifth Chamber ), composed of: C. Gulmann, President of
down in a competition notice the lawfulness of which is                the Chamber, P. Jann, J. C. Moitinho de Almeida , D. A. O.
                              contested)                               Edward and L. Sevon, Judges; P. Léger, Advocate-General;
                           ( 95/C 268/ 11 )                            H. A. Rùhl, Principal Administrator, for the Registrar, has
                                                                       given a judgment on 11 August 1 995 , in which it rules :
               (Language of the case: English)
                                                                       I . Member States may not, for the marketing year starting
In Case C-448/93 P: Commission of the European                               on 1 July, exercise the power ofmanoeuvre conferred on
Communities ( agent: John Forman ) — appeal against the                      them by Article 25 (2) of Council Regulation (EEC)
judgment of the Court of First Instance of the European                      No 1785/81 of 30 June 1981 on the common
Communities ( Fourth Chamber ) of 16 September 1993 in                       organization of the markets in the sugar sector after the
Case T-60/92 Muireann Noonan v. Commission [ 1993 ]                          date of 1 March laid down by Council Regulation (EEC)
ECR 11-911 , seeking to have that judgment set aside, the                    No 193/82 of 26 January 1982 laying down general
other party to the proceedings being: Muireann Noonan,                       rules for transfers of quotas in the sugar sector, even if
represented by James O'Reilly, Senior Counsel, with an                       the Council Regulation fixing the quotas and stating
address for service in Luxembourg at the offices of                          that power to be applicable has been adopted after
Fiduciaire Myson SARL, 1 Rue Glesener the Court ( Fifth                      1 March, since no Community legislation expressly
Chamber ), composed of: J. C. Moitinho de Almeida                            derogating from that time limit has been enacted;
( Rapporteur ), acting as President of the Chamber, D. A. O.
Edward and J. -P. Puissochet, Judges; P. Léger,                        2 , the power ofmanoeuvre conferred on Member States by
Advocate-General ; R. Grass, for the Registrar, has given a                  Article 25 of Regulation (EEC) No 1785/81 may be
judgment on 11 August 1995 , in which it:                                    exercised at the same time as an adjustment of quotas
                                                                             pursuant to Article 2 of Regulation (EEC) No 193/82
1 , dismisses the appeal;                                                    following a transfer of undertakings or factories,
                                                                             provided that the specific conditions governing the
                                                                             application of each of those provisions are complied
2 , orders the Commission to pay the costs.                                  with;
(') OJ No C 1 , 4 . 1 . 1994 .
                                                                       3 . Article 25 (2) of Regulation (EEC) No 1785/81 must be
                                                                             interpreted as meaning that Member States may reduce
                                                                             the A quota and the B quota by 10% each;