CELEX: C1998/340/18
Language: en
Date: 1998-11-07 00:00:00
Title: Appeal brought on 17 September 1998 by Proderec - Formação e Desenvolvimento de Recursos Humanos ACE against the judgment delivered on 16 July 1998 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-72/97 between Proderec - Formação e Desenvolvimento de Recursos Humanos ACE and the Commission of the European Communities (Case C-341/98 P)

7.11.98               EN                  Official Journal of the European Communities                                C 340/11
In addition to the infringement of those basic provisions,           The appellant claims that the Court should:
the Council has breached the principle of protection of
legitimate expectations.
                                                                     Ð set aside the judgment delivered in Case T-27/97;
Ð Infringement of Article 190 of the EC Treaty:
                                                                     Ð order the Commission to pay the costs.
    It is indisputable that even acts of general application,
    such as regulations, must provide a sufficient
    statement of the reasons on which they are based,                Pleas in law and main arguments adduced in support:
    especially with regard to provisions directly
    concerning the interests of separate recognisable
    classes of traders (such as, in this case, Italian beet          Breach of Community law by the Court of First Instance
    growers).                                                        in its assessment of the pleas in law and arguments relied
                                                                     on in Case T-72/97 (1).
    Regulation (EC) No 1361/98 states no reasons for
    fixing the derived intervention price for five other
                                                                     (1) OJ C 166 of 31.5.1997, p. 16.
    Member States but not for Italy. Nor are any reasons
    provided in Regulation (EC) No 1360/98 in respect of
    the fixing of the intervention price.
Ð Breach of the principle of equal treatment:
    Whilst Article 1 of Regulation (EC) No 1361/98 failed            Action brought on 18 September 1998 by Commission of
    to fix the derived intervention price for white sugar            the European Communities against Grand Duchy of
    for Italy, it confirmed that price for the United                                         Luxembourg
    Kingdom, Ireland, Portugal, Finland and Spain.
                                                                                            (Case C-342/98)
    Albeit unaware of the reasons which led to Italy's                                       (98/C 340/19)
    being denied a derived intervention price and of the
    reasons for which that price was confirmed for the
    other Member States, the Italian Government must
                                                                     An action against the Grand Duchy of Luxembourg was
    claim that the Council has breached the principle of
                                                                     brought before the Court of Justice of the European
    equality and afforded it unequal treatment.
                                                                     Communities on 18 September 1998 by the Commission
                                                                     of the European Communities, represented by GeÂrard
(1) OJ L 185 of 30.6.1998, p. 3.                                     Berscheid, of its Legal Service, acting as Agent, with an
(2) OJ L 185 of 30.6.1998, p. 1.
                                                                     address for service in Luxembourg at the office of Carlos
(3) OJ L 177 of 1.7.1981, p. 4.
                                                                     Gómez de la Cruz, Wagner Centre, Kirchberg.
                                                                     The Commission of the European Communities claims
                                                                     that the Court should:
Appeal brought on 17 September 1998 by Proderec Ð
FormacËaÄo e Desenvolvimento de Recursos Humanos ACE                 Ð declare that, by failing to bring into force within the
against the judgment delivered on 16 July 1998 by the                     prescribed periods the laws, regulations and
Fourth Chamber of the Court of First Instance of the                      administrative provisions necessary to comply with
European Communities in Case T-72/97 between Proderec                     Commission Directive 95/33/EC of 10 July 1995,
Ð FormacËaÄo e Desenvolvimento de Recursos Humanos                        amending Council Directive 82/471/EEC concerning
  ACE and the Commission of the European Communities                      certain products used in animal nutrition (1),
                      (Case C-341/98 P)                                   Commission Directive 95/44/EC of 26 July 1995
                                                                          establishing the conditions under which certain
                        (98/C 340/18)
                                                                          harmful organisms, plants, plant products and other
                                                                          objects listed in Annexes I to V to Council Directive
An appeal against the judgment delivered on 16 July 1998                  77/93/EEC may be introduced into or moved within
by the Fourth Chamber of the Court of First Instance of                   the Community for trial or scientific purposes or for
the European Communities in Case T-72/97 between                          work on varietal selections (2) and Commission
Proderec Ð FormacËaÄo e Desenvolvimento de Recursos                       Directive 96/78/EC of 6 December 1996 amending
Humanos ACE and the Commission of the European                            certain Annexes to Council Directive 77/93/EEC on
Communities was brought before the Court of Justice of                    protective measures against the introduction into the
the European Communities on 17 September 1998 by                          Community of organisms harmful to plants or plant
Proderec Ð FormacËaÄo e Desenvolvimento de Recursos                       products and against their spread within the
Humanos ACE, represented by Manuel Rodrigues, of the                      Community (3), the Grand Duchy of Luxembourg has
Lisbon Bar, with an address for service in Luxembourg                     failed to fulfil its obligations under Article 2 of
care of Luísa Maria Miranda Sousa Pires, 4a rue Jean                      Directive 95/33/EC, Article 4 of Directive 95/44/EC
JaureÁs.                                                                  and Article 2 of Directive 96/78/EC;