CELEX: C2002/109/64
Language: en
Date: 2002-05-04 00:00:00
Title: Case C-93/02 P: Appeal brought on 16 March 2002 by Biret International SA against the judgment delivered on 11 January 2002 by the First Chamber of the Court of First Instance of the European Communities in Case T-174/00 between Biret International SA and Council of the European Union, supported by the Commission of the European Communities

C 109/38               EN                     Official Journal of the European Communities                                       4.5.2002
The ‘Lotto Zero’ project is a project covered by Annex II to the         —     Infringement of Article 48 of the Rules of Procedure of
directive. The Commission takes the view that, by failing to                   the Court of First Instance: it is hardly possible to claim
ascertain whether that project required to be assessed for its                 that the matter of direct liability of the Community was
environmental effects in accordance with Articles 5 to 10 of                   totally absent from the application initiating proceedings
the directive, Italy has failed to fulfil its obligations under                and that it only appeared as a new plea in law in the
Article 4(2).                                                                  reply.
(1) OJ 1985 L 175, p. 40.
                                                                         Appeal brought on 16 March 2002 by Etablissements
Appeal brought on 16 March 2002 by Biret International                   Biret et Cie SA against the judgment delivered on 11 Janu-
SA against the judgment delivered on 11 January 2002 by                  ary 2002 by the First Chamber of the Court of First
the First Chamber of the Court of First Instance of the                  Instance of the European Communities in Case T-210/00
European Communities in Case T-174/00 between Biret                      between Etablissements Biret et Cie SA and Council of
International SA and Council of the European Union,                      the European Union, supported by the Commission of
supported by the Commission of the European Communi-                                        the European Communities
                                ties
                                                                                                   (Case C-94/02 P)
                         (Case C-93/02 P)
                         (2002/C 109/64)                                                            (2002/C 109/65)
An appeal against the judgment delivered on 11 January 2002              An appeal against the judgment delivered on 11 January 2002
by the First Chamber of the Court of First Instance of the               by the First Chamber of the Court of First Instance of the
European Communities in Case T-174/00 between Biret                      European Communities in Case T-210/00 between Etablisse-
International and Council of the European Union, supported               ments Biret et Cie SA and Council of the European Union,
by Commission of the European Communities, was brought                   supported by Commission of the European Communities,
before the Court of Justice of the European Communities on               was brought before the Court of Justice of the European
16 March 2002 by Biret International SA, represented by M. de            Communities on 16 March 2002 by Etablissements Biret et
Thoré and S. Rodrigues, with an address for service in                   Cie SA, represented by S. Rodrigues, with an address for
Luxembourg.                                                              service in Luxembourg.
The appellant claims that the Court should:
                                                                         The appellant claims that the Court should:
—     set aside the contested judgment delivered by the Court
      of First Instance of the European Communities on                   —     set aside the contested judgment delivered by the Court
      11 January 2002 in Case T-174/00;                                        of First Instance of the European Communities on
                                                                               11 January 2002 in Case T-210/00;
—     uphold the form of order sought by it at first instance;
      and                                                                —     uphold the form of order sought by it at first instance;
                                                                               and
—     order the defendant to pay the entire costs.
                                                                         —     order the defendant to pay the entire costs.
Pleas and main arguments
—     Infringement of Article 300(7) EC: should the question as          Pleas and main arguments
      to whether the WTO Agreements have direct effect, quod
      non, be regarded by the Court of Justice as continuing to
      condition the liability of the Community for infringement
                                                                         The pleas and main arguments are similar to those put forward
      of those Agreements, contrary to the requirements and
                                                                         in Case C-93/02 P (1).
      scope of Article 300(7) EC, the appellant requests the
      Court of Justice, after having failed to persuade the Court
      of First Instance and relying on its role of maintaining the
                                                                         (1) See p. 38 of this Official Journal.
      unity of the interpretation of Community law, to develop
      its case-law and acknowledge that all or part of the WTO
      Agreements have direct effect.