CELEX: C1997/054/21
Language: en
Date: 1997-02-22 00:00:00
Title: Appeal brought on 19 December 1996 by Somaco Sàrl against the judgment delivered on 18 September 1996 by the Fourth Chamber, Extended Composition, of the Court of First Instance of the European Communities in Case T-387/94 between Asia Motor France SA and Others and the Commission of the European Communities (Case C-401/96 P)

22 . 2 . 97               EN                    Official Journal of the European Communities                                No C 54/ 15
      which provides that 'the said regions must coincide                  Pleas in law and main arguments adduced in support:
      with administrative units larger than communes and
       comprise administrative units on which statistics are               Concerning annulment
       available for the reference wine years ', by identifying
       production regions with Member States ?                             — Inadequacy and contradictory nature of the grounds of
                                                                                 the judgment — Error of law: the system in
(') OJ No L 84, 27. 3 . 1987, p. 1 .                                             Martinique, voluntarily limiting imports but with an
( 2 ) OJ No L4S , 18 . 2 . 1988 , p . 15 .                                       aggregate quota ( 15% ) greater than that in
                                                                                 metropolitan France (3 % ), was necessarily of the same
                                                                                 kind as that applying in the latter territory. It is
                                                                                 profoundly contradictory to say that the arrangement
                                                                                 at national level is not of an exclusively State nature
                                                                                 whereas the local arrangement in Martinique is of a
                                                                                 State nature .
Appeal brought on 19 December 1996 by Somaco Sari
against the judgment delivered on 18 September 1996 by                     Concerning compensation
the Fourth Chamber, Extended Composition, of the Court
of First Instance of the European Communities in Case T­                   — In the light of three successive applications to the
387/94 between Asia Motor France SA and Others and                               Court of First Instance ( for declarations of failure to
          the Commission of the European Communities                             act and annulment ), it is beyond dispute that the
                          ( Case C-401 /96 P )                                   Commission has applied Community law in an
                                                                                 unlawful way, in addition by blocking the matter for
                              ( 97/C 54/21 )                                     eleven years . It would be extraordinary if such
                                                                                 conduct were incapable of constituting a wrongful act
                                                                                 or omission involving contractual liability on the part
An appeal against the judgment delivered on 18 September                         of the Commission, requiring it to make good the
1996 by the Fourth Chamber, Extended Composition, of                             damage expressly specified and clearly originating
the Court of First Instance of the European Communities                          from the very conduct objected to .
in Case T-387/94 between Asia Motor France SA, Jean­
Michel Cesbron, Monin Automobiles SA, Europe Auto                          (■) OJ No L 336 , 9 . 11 . 1996 , p . 24 .
Service (EAS ) and Somaco Sari and the Commission of the
European Communities was brought before the Court of
Justice of the European Communities on 19 December
 1996 by Somaco Sari, represented by Jean Claude
Fourgoux, of the Paris Bar, with an address for service in
Luxembourg at the Chambers of Pierrot Schiltz, 4 Rue                       Reference for a preliminary ruling from the Tribunal
Beatrix de Bourbon .
                                                                           d'Instance, Saint-Denis , by judgments of that court of
                                                                           9 December 1996 in the cases of Société Béton Express v.
The appellant claims that the Court should :                               Direction Régionale des Douanes, Société Nouvelle de
                                                                           Concassage v. Direction Régionale des Douanes , Société
                                                                           Bourbon Lumière v. Direction Régionale des Douanes and
— set aside the part of the judgment of the Court of First                 Société Ouest Concassage v. Direction Régionale des
       Instance of 18 September 1996 (') dismissing its                             Douanes — Intervener: Region of La Réunion
       application for annulment and damages,
                                                                               ( Cases C-405/96, C-406/96, C-407/96 and C-408/96 )
                                                                                                       ( 97/C 54/22 )
— pursuant to Article 54 of the Statute of the Court of
       Justice:
                                                                           Reference has been made to the Court of Justice of the
       — annul      the     decision       of the  Commission      of      European Communities by judgments of the Tribunal
            13 October 1994 in so far as it rejects Somaco's               d'Instance ( District Court ), Saint-Denis , of 9 December
            complaint,                                                      1996 , which were received at the Court Registry on
                                                                           23 December 1996, for a preliminary ruling, in the cases
       — order the Commission, under Articles 178 and 215                  of Société Béton Express v. Direction Régionale des
                                                                           Douanes, Société Nouvelle de Concassage v. Direction
            of the Treaty, to make good the damage caused to
                                                                            Régionale de Douanes , Société Bourbon Lumière v.
            the complainant by the institutions, and,
                                                                            Direction Régionale des Douanes and Société Ouest
            consequently, to fix the quantum of damages at
            the amount of interest at the rate of 9,75 % on the             Concassage v. Direction Régionale des Douanes, on the
                                                                            following question :
            sums at which the main damage is evaluated since
            the decision of 5 December 1991 deciding not to
                                                                            Following the judgment delivered in Legros [ Case C-163/
            pursue the case up to the date of judgment,                     90 Administration des Douanes et Droits Indirects v.
                                                                            Legros and Others [ 1992] ECR I-4625J on 16 July 1992,
 — order the Commission to pay the full costs, both of                      has Law No 92-676 of 17 July 1992, adopted in
       these proceedings and of the proceedings which led to                implementation of the Decision 89/688 of the Council of
        the judgment of the Court of First Instance of                      Ministers of the European Communities of 22 December
        18 September 1996 .                                                 1989 ('), had the effect of replacing a charge having