CELEX: C1996/294/02
Language: en
Date: 1996-10-05 00:00:00
Title: ORDER OF THE COURT (Third Chamber) of 11 July 1996 in Case C-397/95 P: Dimitrios Coussios v. Commission of the European Communities (Appeal - Official - Res judicata - Appeal clearly unfounded)

No C 294/2              EN                    Official Journal of the European Communities                                     5 . 10 . 96
      the field of technical standards and regulations, as               11 July 1996 by the Italian Republic, represented by Prof.
      amended by Council Directive 88/1 82/EEC of                        Umberto Leanza, acting as Agent, assisted by Maurizio
      22 March 1 988, is not applicable to national rules on the         Fiorilli, avvocato dello Stato, with an address for service in
      closing times of shops such as those at issue in the main          Luxembourg at the Italian Embassy, 5 rue
      proceedings.                                                       Marie-Adelaide .
(') OJ No C 312 , 18 . 11 . 1993 .
      OJ No C 76 , 12 . 3 . 1994 .
      OJ No C 392 , 31 . 12 . 1994 .                                     The applicant claims that the Court should : annul
                                                                         Commission Decision 96/311 /EC of 10 April 1996 to the
                                                                         extent to which, in clearing the accounts submitted by the
                                                                         Italian Republic for expenditure for 1992 , it declares that
                                                                         the total sum of Lit 108 850 076 808 is not chargeable to
                                                                         the EAGGF .
                   ORDER OF THE COURT
               (Third Chamber ) of 11 July 1996
in Case C-397/95 P: Dimitrios Coussios v. Commission of                  Main pleas in law and arguments adduced in support
                 the European Communities ( ! )
(Appeal — Official — Res judicata — Appeal clearly                       — Public storage of beef and veal; special inquiries finding
                                unfounded)                                    ( a ) inadequacy of controls and ( b ) purchase of
                             ( 96/C 294/02 )                                 non-permitted goods : Lit 54 927 174 194
                 (Language of the case: French)
                                                                             The Italian Republic contests the fixed-rate reduction of
                                                                              10 % and in any event maintains that the discretionary
(Provisional translation; the definitive translation will be                 power to make a fixed-rate adjustment was exercised in
           published in the European Court Reports)                           breach of the rules of conduct laid down in part C of
                                                                              Annex 2 to the Guidelines ( Doc . VI/216/93-F.R. of
In Case C-397/95 P: Dimitrios Coussios ( represented by                       2 June 1993 ). If the discretionary power to determine a
Georgios Sakellaropoulos ) — appeal against the order of the                  fixed-rate amendment had been exercised fairly, the
Court of First Instance of the European Communities                           figure arrived at would have been 5 % .
( Fourth Chamber ) of 11 October 1995 in Case T-302/94
Coussios v. Commission ( 1995 ) ECR-SC 11-723 , seeking to
have that order set aside , the other party to the proceedings           — Public storage of beef and veal , irregular auction
being the Commission of the European Communities                              procedures for the sale of intervention meat: Lit
( Agent: Ana Maria Alves Vieira , assisted by Denis                           7 104 000 000
Waelbroeck ) — the Court ( Third Chamber ), composed of:
J. - P. Puissochet, President of the Chamber, J. C. Moitinho
de Almeida and C. Gulmann ( Rapporteur ), Judges; D.                          Regulation ( EEC ) No 859/89 expressly prohibits the
Ruiz-Jarabo Colomer, Advocate-General; R. Grass,                              submision of more than one tender for the contract for
Registrar, has made the following order on 11 July                            public storage by any one person . The AIMA has always
 1996 :                                                                       observed that provision and the tenders received were
                                                                              found to have been submitted by companies with
 1 . The appeal is dismissed.                                                 different identities and names . It is normal practice in
                                                                              Italy for producers' associations to undertake on behalf
                                                                              of their members all dealings with public bodies ( AIMA,
2 . Mr Coussios is ordered to pay the costs of the present                    foreign trade, Ministry of Finance, etc .). Those
       proceedings.                                                           procedures do not detract from the secrecy of the tenders
                                                                              and do not provide a means of etablishing a syndicate . In
 (') OJ No C 77, 16 . 3 . 1996 .                                              other words, the association merely acts as a
                                                                               'postman'.
                                                                         — Inadequate administration and control of premiums for
                                                                               sheep and goats : Lit 34 175 522 595
Action brought on 11 July 1996 by the Italian Republic
    against the Commission of the European Communities
                           ( Case C-242/96                                     The Italian Republic, without examining the merits of
                                                                               each case, states that in most of the cases covered by the
                              ( 96/C 294/03 )                                  inspection, the discrepancies are attributable to
                                                                               insufficient training of the staff assigned to the checks
 An action against the Commission of the European                              and lack of familiarity with the rules . The regions have
 Communities was brought before the Court of Justice on                        given an assurance that they are prepared to give the