CELEX: C1995/087/09
Language: en
Date: 1995-04-08 00:00:00
Title: Action brought on 9 February 1995 by Sergio Del Plato against the order of inadmissibility made on 7 December 1994 by the First Chamber of the Court of First Instance of the European Communities in Case T-242/94 between Sergio Del Plato and the Commission of the European Communities (Case C-31/95 P)

8 . 4 . 95              EN                 Official Journal of the European Communities                                    No C 87/5
Eerste Aanleg te Antwerpen ( Court of First Instance,                      Court of First Instance on 27 June 1994 inadmissible,
Antwerp) of 31 January 1995 , which was received at the                    and    order  that     the  substance   of  the   case  be
Court Registry on 8 February 1995 , for a preliminary ruling              considered;
in the case of ( 1 ) E. Pastoors and (2 ) Trans-Cap GmbH v.
Belgian State on the following question:                              2. grant the form of order sought at first instance, as set out
                                                                           in the application lodged at the Registry of the Court of
Should the prohibition on discrimination contained in                      First Instance on 27 June 1994 and supplemented by a
Article 6 of the EC Treaty or the general principle of equality            statement lodged on 8 September 1994, and hereby
enshrined in Community law be interpreted as precluding                    resubmitted in its entirety, and order the Commission to
the national legislation of a Member State, adopted in                     pay the whole of the costs.
implementation of Council Regulations ( EEC ) No 3820/85
and ( EEC ) No 3821/85 , from providing for a system of               Pleas in law and main arguments adduced in support:
sanctions whereby natural or legal persons charged with
infringements of that legislation are given the choice                — A defect which vitiates the procedure constitutes an
between:                                                                  objective and significant ground for judicial review with
                                                                          respect also to other candidates in the same legal
(a ) immediate payment of a given sum, in this case Bfrs                  position. The procedural defect may be transferable and
       10 000 per infringement, whereupon the prosecution is              apply also in the case of the present applicant for the
       as a rule discontinued;                                            purposes of reopening the proceedings. Whether that
                                                                          assumption is well founded may be definitively
       or                                                                 established only through an examination of the
                                                                          substance of the case, the exclusion of which on the basis
( b ) the continuation against them of the normal criminal                of a procedural objection which is open to challenge can
       proceedings; subject to the proviso, however, that, in             only lead to a denial of jurisdiction, to the serious
       the event of the second of those options being chosen, it          detriment of the applicant's position in so far as concerns
       is only defendants having no place of residence or fixed           the rights of the defence.
       abode in Belgium who are obliged, whether or not they
       are nationals of another Member State, to lodge a sum          — The pleas in law and main arguments adduced in
       — in this case Bfrs 15 000 — by way of deposit in                  support are identical to those in Case T-242/94 (*).
       respect of each offence with which they are charged, to
       cover any fines or legal costs which they may be ordered       (!) OJ No C 275 , 1 . 10 . 1994, p. 26 .
       to pay, and subject to the impounding of the vehicle
       driven by the accused until such time as the deposit is
       lodged ?
                                                                      Appeal brought on 10 February 1995 by the Commission of
                                                                      the European Communities against the judgment delivered
                                                                      on 6 December 1994 by the First Chamber of the Court of
                                                                      First Instance of the European Communities in Case
Action brought on 9 February 1995 by Sergio Del Plato                 T-450/93 between Lisrestal — Organizagao e Gestao de
against the order of inadmissibility made on 7 December               Restaurantes Colectivos Lda, GTI — Gabinete Tecnico de
1994 by the First Chamber of the Court of First Instance of           Informatica Lda, Lisnico — Servigo Maritimo Internacional
the European Communities in Case T-242/94 between                     Lda, Rebocalis — Rebocagem e Assistencia Maritima Lda
Sergio Del Plato and the Commission of the European                   and Gaslimpo — Sociedade de Desgasificagao de Navios SA
                           Communities
                                                                          and the Commission of the European Communities
                         (Case C-31/95 P)                                                    (Case C-32/95 P)
                           ( 95/C 87/09 )                                                        ( 95/C 87/10 )
An appeal against the order made on 7 December 1994 by                An appeal against the judgment delivered on 6 December
the First Chamber of the Court of First Instance of the               1994 by the First Chamber of the Court of First Instance of
European Communities in Case T-242/94 between Sergio                  the European Communities in Case T-450/93 between
Del Plato and the Commission of the European                          Lisrestal — Organiza^ao e Gestao de Restaurantes
Communities was brought before the Court of Justice of the            Colectivos Lda, GTI — Gabinete Tecnico de Informatica
European Communities on 9 February 1995 by Sergio Del                 Lda, Lisnico — Servi^o Maritimo Internacional Lda,
Plato, represented by Luigi Bonomi, with an address for               Rebocalis — Rebocagem e Assistencia Maritima Lda and
service in Varese, at the latter's Chambers at 6 Via                  Gaslimpo — Sociedade de Desgasifica§ao de Navios SA and
Orrigoni.                                                             the Commission of the European Communities was brought
                                                                      before the Court ofJustice of the European Communities on
The appellant claims that the Court should:                           10 February 1995 by the Commission of the European
                                                                      Communities, represented by Ana Maria Alves Vieira and
1 . annul the order of the Court of First Instance of                 Nicholas Khan, of its Legal Service, acting as Agents, with
      7 December 1994 in Case T-242/94, notified to the               an address for service in Luxembourg at the office of
      appellant on 12 December 1994, declaring the action             Georgios Kremlis, of the Legal Service, Wagner Centre,
      brought by application lodged at the Registry of the            Kirchberg.