CELEX: C1995/268/35
Language: en
Date: 1995-10-14 00:00:00
Title: Appeal brought on 16 August 1995 by Siemens SA against the judgment delivered on 8 June 1995 by the Second Chamber of the Court of First Instance of the European Communities in Case T-459/93 between Siemens SA, supported by the Federal Republic of Germany, and the Commission of the European Communities (Case C-278/95 P)

No C 268/ 16             EN                  Official Journal of the European Communities                                    14 . 10 . 95
European Communities in Joined Cases T-462/93 ,                         Brussels Bar, with an address for service in Luxembourg at
T-464/93 and T-470/93 between Erika Lenz and Volker                     the Chambers of Marc Loesch, 11 rue Goethe .
Lenz and the Commission of the European Communities
was brought before the Court of Justice of the European                 The appellant claims that the Court should:
Communities on 14 August 1995 by Erika Lenz and Volker
Lenz, represented by Jiirgen Schlacht, Rechtsanwalt, of                 — set aside the judgment of the Second Chamber of the
Schliiterstrafêe 22 III, D-20146 Hamburg.                                   Court of First Instance of the European Communities of
                                                                            8 June 1995 in Case T-459/93 between Siemens SA,
The appellants claim that the Court should :                                supported by the Federal Republic of Germany, and the
                                                                            Commission of the European Communities,
— set aside the order of the Fourth Chamber of the Court of
      First Instance of 14 June 1995 in Joined Cases T-462/93 ,         — consequently, annul Articles 1 ( c ) and 2 of Commission
      T-464/93 and T-470/93 , disqualify Judge K. Lenaerts                  Decision 92/483/EEC of 24 June 1992 concerning aid
      from sitting as the President of the Fourth Chamber of                provided by the Brussels Regional Authorities ( Belgium )
      the Court of First Instance and, in addition, decide Cases            in favour of the activities of Siemens SA in the
      T-462/93 , T-464/93 and T-470/93 in accordance with                   data-processing and telecommunications sectors,
      the forms of order sought in each of those cases (*).
                                                                        — order the Commission to pay the costs of the present
                                                                            proceedings and of the proceedings before the Court of
Pleas in law and arguments adduced in support:                              First Instance in Case T-459/93 .
— The contested order of the Court of First Instance was
      made in breach of the Rules of Procedure . Under                  Pleas in law and main arguments adduced in support:
      Article 16 of the Protocol on the Statute of the Court of
      Justice of the European Communities, the Court of                 Errors of law, in particular the fact that the Court of First
                                                                        Instance examined whether the contested aid constituted
      Justice should have decided to disqualify Judge Lenaerts
      and to exclude him from taking part in the contested              investment aid within the meaning applied to that term in
      order, by reason of his extensive involvement in the              Community law, instead of verifiying, as it should have
      earlier proceedings concerning the same matter.                   done, whether such aid fell within the substantive scope of
                                                                        the Belgian Law of 1959 ' introducing and coordinating
— The contested order wrongly dismissed the actions on                  measures to encourage economic expansion and the
      the ground that they were time-barred. Contrary to the            creation of new industries', as construed in Belgian law and
      assumption made in the judgment, no administrative                as approved by the Commission .
      procedure took place pursuant to Articles 90 or 9 1 of the
      Staff Regulations in relation to the applicants' claims .
      Such an administrative procedure was not required,
      since the appellants, who are not officials, are asserting
      claims in tort which, although connected with the social          Action brought on 18 August 1995 by the Commission of
      welfare of Community officials, are not subject to the              the European Communities against the Italian Republic
      rules of procedure governing claims by officials.
                                                                                                ( Case C-280/95 )
i 1 ) OJ No C 33 , 5 . 2 . 1993 , p . 11 ;                                                        ( 95/C 268/36 )
      OJ No C 54 , 25 . 2 . 1993 , p . 4 ;
      OJ No C 139 , 18 . 5 . 1993 , p . 10,                              An action against the Italian Republic was brought before
                                                                         the Court of Justice of the European Communities on
                                                                         18 August 1995 by the Commission of the European
                                                                         Communities, represented by Antonio Aresu and Anders C.
                                                                        Jessen, of its Legal Service, acting as Agents, with an address
Appeal brought on 16 August 1995 by Siemens SA against                   for service in Luxembourg at the office of Carlos Gômez de
the judgment delivered on 8 June 1995 by the Second                      la Cruz, Wagner Centre , Kirchberg.
Chamber of the Court of First Instance of the European
Communities in Case T-459/93 between Siemens SA,                         The applicant claims that the Court should :
supported by the Federal Republic of Germany, and the
           Commission of the European Communities                        — declare that the Italian Republic has failed to fulfil its
                                                                             obligations under the EC Treaty, by failing to adopt the
                          ( Case C-278/95 P )                                measures necessary to comply with Commission
                             ( 95/C 268/35 )                                 Decision 93/496/EEC of 9 June 1993 concerning State
                                                                             aid procedure C 32/92 (ex NN 67/92 ) — Italy C ) (tax
 An appeal against the judgment delivered on 8 June 1995 by                  credit for professional road hauliers ) and in particular by
 the Second Chamber of the Court of First Instance of the                    failing to recover, with effect from the tax year 1992, the
 European Communities in Case T-459/93 between Siemens                       aid unlawfully introduced by the Ministerial Decree of
 SA, supported by the Federal Republic of Germany, and the                   28 January 1992 in favour of professional road hauliers
 Commission of the European Communities was brought                          in Italy in the form of a tax credit on income tax or on
 before the Court of Justice of the European Communities on                  municipal tax or on VAT,
 16 August 1995 by Siemens SA, represented by Michel
 Waelbroeck, Jules Stuyck and Olivier Speltdoorn, of the                 — order the Italian Republic to pay the costs .