CELEX: C1998/094/11
Language: en
Date: 1998-03-28 00:00:00
Title: Action brought on 22 December 1997 by the Commission of the European Communities against the French Republic (Case C-434/97)

28.3.98              EN                   Official Journal of the European Communities                                    C 94/5
Emden (Germany), represented by Detlef Schumacher and                1. The appeal is dismissed.
Wilhelm Wiltfang, Rechtsanwalt Ð appeal against the
order of the Court of First Instance (Third Chamber) of
19 February 1997 in Case T-117/96 Intertronic v.                     2. Mr Abello and Others and Mr Riesch shall pay the
Commission [1997] ECR II-141, seeking to have that                       costs.
order set aside, the other party to the proceedings being
Commission of the European Communities (Agent: Klaus                 (1) OJ C 108, 13.4.1996.
Wiedner) Ð the Court (First Chamber), composed of: M.
Wathelet, President of the Chamber, D. A. O. Edward and
L. Sevón (Rapporteur), Judges; N. Fennelly, Advocate-
General; R. Grass, Registrar, made an order on 15 January
1998, the operative part of which is as follows:
                                                                     Action brought on 22 December 1997 by the Commission
1. The appeal is dismissed.                                          of the European Communities against the French Republic
                                                                                           (Case C-434/97)
2. The applicant is ordered to pay the costs.                                                 (98/C 94/11)
(1) OJ C 212, 12.7.1997.
                                                                     An action against the French Republic was brought before
                                                                     the Court of Justice of the European Communities on
                                                                     22 December 1997 by the Commission of the European
                                                                     Communities, represented by HeÂleÁne Michard and Enrico
                                                                     Traversa, of its Legal Service, acting as Agents, with an
                                                                     address for service in Luxembourg at the office of Carlos
                  ORDER OF THE COURT                                 Gómez de la Cruz, Wagner Centre, Kirchberg.
                      (Fourth Chamber)
                                                                     The applicant claims that the Court should:
                     of 5 February 1998
in Case C-30/96 P: Giovanni Battista Abello and Others,
Gerhard Riesch v. Commission of the European                         Ð declare that, by maintaining in force legislative
Communities, supported by Council of the Euroepan                        provisions under which beverages with an alcohol
                           Union (1)                                     content exceeding 25 % vol. are subject to a special
                                                                         contribution calculated per decilitre or parts thereof,
(Officials Ð Pay slips Ð Weightings Ð Regulations (EEC)                  the French Republic has failed to fulfil its obligations
No 3761/92, (EEC) No 3765/92 and (EEC) No 3766/92                        under Article 3(2) of Council Directive 92/12/EEC (1)
                  Ð Plea of inadmissibility)                             of 25 February 1992 on the general arrangements for
                                                                         products subject to excise duty and on the holding,
                         (98/C 94/10)                                    movement and monitoring of such products, read in
                                                                         conjunction with Council Directive 92/83/EEC (2) of
                                                                         19 October 1992 on the harmonisation of the
                (Language of the case: Italian)
                                                                         structures of excise duties on alcohol and alcoholic
                                                                         beverages,
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)                    Ð order the French Republic to pay the costs.
In Case 30/96 P: Giovanni Battista Abello and Others,                Pleas in law and main arguments adduced in support:
Gerhard Riesch (Agents: Michele Tamburini and Franco
Colussi) Ð appeal against the judgment of the Court of               Failure to fulfil obligations under Directive 92/12/EEC
First Instance of the European Communities (Fourth                   inasmuch as the French social security' contribution:
Chamber) of 7 December 1995 in Joined Cases T-544/93
and T-566/93 Abello and Others v. Commission [1995]
ECR-SC II-815, seeking to have that judgment set aside,              Ð is calculated per decilitre of beverage and not by
the other party to the proceedings being: Commission of                  reference to the quantity of pure alcohol contained in
the European Communities (Agent: Gianluigi Valsesia,                     the beverage in question,
assisted by Alberto Dal Ferro), supported by Council of
the European Union (Agent: Anna Lo Monaco) Ð the
Court (Fourth Chamber), composed of: H. Ragnemalm,                   Ð applies to beverages with an alcohol content exceeding
President of the Chamber, J. L. Murray (Rapporteur) and                  25 % vol, whereas the Community customs duty
K. M. Ioannou, Judges; P. LeÂger, Advocate-General; R.                   category of ethyl alcohol (Article 20 of Directive 92/
Grass, Registrar, made an order on 5 February 1998, the                  83/EEC) covers products with an alcohol content
operative part of which is as follows:                                   exceeding 22 % vol.
 ---pagebreak--- C 94/6                EN                  Official Journal of the European Communities                                   28.3.98
The power allowed to Member States to derogate from                  Ð Infringement of the evidential principles of the rule of
the principle of the unity of excise duties (taxes and                   law, applicable in penal proceedings, that the
structure) and maintain or create additional national                    imposition of severe penalties may not be based on an
charges for specific purposes in respect of a single product             assessment of the evidence which manifestly violates
or a single category of products may only be construed                   the rules of thought and logic. The appellant submits
strictly. Any other construction would undermine the                     in the present appeal that the contradictions which
effectiveness of Community legislation on products subject               have been pointed out in the contested judgment are
to duty since it would give rise to the establishment of                 manifest and follow from the Court of First Instance's
parallel' national indirect taxation which would call in                own findings, so that there is no need for any further
question the objectives of Directive 92/12/EEC in the                    examination of the facts by the Court of Justice.
context of the internal market.
                                                                     Ð Infringement of the principle of the rule of law in
(1) OJ L 76, 23.3.1992, p. 1.                                            dubio pro reo, which states that in penal proceedings
(2) OJ L 316, 31.10.1992, p. 29.                                         full proof of the offence is required and doubts and
                                                                         uncertainties regarding the evidence must be assessed
                                                                         in favour of the accused and exclude the imposition of
                                                                         penalties. The presumption of innocence is a
                                                                         fundamental principle which corresponds to the
                                                                         generally accepted view of the rule of law and is
Appeal brought on 29 December 1997 by Deutsche Bahn                      furthermore codified in Article 6(2) of the European
AG against the judgment delivered on 21 October 1997                     Convention for the Protection of Human Rights and
by the First Chamber, Extended Composition, of the                       Fundamental Freedoms, and hence to be respected by
Court of First Instance of the European Communities in                   the European Union via Article F(2) of the EU Treaty
Case T-229/94 between Deutsche Bahn AG and the                           as a fundamental right. The in dubio pro reo principle
          Commission of the European Communities                         applies not only in the field of criminal law in the
                      (Case C-436/97 P)                                  strict sense, but also in the law of administrative
                                                                         offences.
                         (98/C 94/12)
                                                                     (1) OJ C 387, 20.12.1997, p. 14.
An appeal against the judgment delivered on 21 October
1997 by the First Chamber, Extended Composition, of the
Court of First Instance of the European Communities in
Case T-229/94 between Deutsche Bahn AG and the
Commission of the European Communities was brought
before the Court of Justice of the European Communities              Appeal brought on 30 December 1997 by Wirtschaftsver-
on 29 December 1997 by Deutsche Bahn AG, represented                 einigung Stahl, Thyssen Stahl AG, Preussag Stahl AG and
by Jochim Sedemund, Rechtsanwalt, of Deringer, Tessin,               Hoogovens Staal BV against the judgment delivered on
Herrmann & Sedemund, Berlin, with an address for                     24 October 1997 by the First Chamber, Extended
service in Luxembourg at the Chambers of Aloyse May,                 Composition, of the Court of First Instance of the
31 Grand Rue.                                                        European Communities in Case T-244/94 between Wirt-
                                                                     schaftsvereinigung Stahl, Thyssen Stahl AG, Preussag Stahl
The appellant claims that the Court should:                          AG and Hoogovens Groep BV and the Commission of the
                                                                     European Communities, supported by the Council of the
Ð set aside the judgment of the Court of First Instance     of       European Union, the Italian Republic and Ilva Laminati
     the European Communities of 21 October 1997 (1)         in                                Piani SpA
     Case T-229/94 Deutsche Bahn AG v. Commission,           in                            (Case C-441/97 P)
     so far as it dismissed the application for annulment   of
                                                                                             (98/C 94/13)
     Articles 2 to 4 of the Commission's decision           of
     29 March 1994 (IV/33.941 Ð HOV-SVZ/MCN),
                                                                     An appeal against the judgment delivered on 24 October
Ð annul Articles 2 to 4 of the said Commission Decision,             1997 by the First Chamber, Extended Composition, of the
                                                                     Court of First Instance of the European Communities in
Ð order the Commission to pay the costs.                             Case T-244/94 between Wirtschaftsvereinigung Stahl,
                                                                     Thyssen Stahl AG, Preussag Stahl AG and Hoogovens
                                                                     Groep BV and the Commission of the European
Pleas in law and main arguments adduced in support:                  Communities, supported by the Council of the European
                                                                     Union, the Italian Republic and Ilva Laminati Piani SpA
Ð Infringement of the principle of the rule of law,                  was brought before the Court of Justice of the European
     applicable in penal proceedings generally, that the             Communities on 30 December 1997 by Wirtschaftsvereini-
     offence complained of must be sufficiently certain to           gung Stahl, Thyssen Stahl AG, Preussag Stahl AG and
     make the necessary proof and examination of that                Hoogovens Staal BV (formerly Hoogovens Groep BV),
     proof possible at all; infringement of the general              represented by Jochim Sedemund, Rechtsanwalt, of
     obligation to state reasons, which applies to courts            Deringer, Tessin, Herrmann & Sedemund, Berlin, and Erik
     too.                                                            H. Pijnacker Hordijk, Advocaat, of De Brauw, Blackstone,