CELEX: C1999/188/28
Language: en
Date: 1999-07-03 00:00:00
Title: Case C-121/99: Action brought on 8 April 1999 by the Commission of the European Communities against the Hellenic Republic

C 188/12                 EN                    Official Journal of the European Communities                                         3.7.1999
In point 3 of Regulation (EEC) No 2184/97 (1) was the                         — infringement of Article 43 of the Treaty, of the general
Commission therefore entitled to decide that all multi-function                    principles concerning the hierarchy of sources of law
facsimile machines essentially consisting of:                                      and of Article 8(4)(ii) of Regulation No 3760/92 (2);
— a modem                                                                     — manifest inadequacy of the criteria presumably adopted
                                                                                   in order to implement the principle of ‘relative stab-
— a scanner                                                                        ility’.
— a printing device                                                       2. Unlawfulness of Article 2(2) and of the Annex (table
                                                                              relating to bluefin tuna), by reason of:
and operating either in an autonomous form or in conjunction
with a computer, fall under tariff heading 8517 21 (facsimile                 — absence of a statement of reasons. The fifth recital in
machines), thus excluding the possibility of determining the                       the preamble to the regulation contains reasoning
dominant function of each machine on a case-by-case basis                          which is merely ostensible, incomprehensible and
and laying down the principle that the printing device is of                       certainly insufficient for the purposes of providing
secondary importance, whatever the machine, provided that it                       any real reasons which might justify the exceptional
falls within the category described?                                               allocation set out in the first table (bluefin tuna) in the
                                                                                   annex to the regulation;
(1) Commission regulation of 3 November 1997 concerning the
    classfication of certain goods in the combined nomenclature (OJ           — infringement of Regulation No 3760/92 (Article 8(4))
    L 299, p. 6).                                                                  and breach of the general principles regarding the
                                                                                   common agricultural policy, legal certainty and basic
                                                                                   guarantees relating to sanctions;
                                                                              — in addition, manifest error with regard to ICCAT;
                                                                              — misuse of powers.
Action brought on 10 April 1999 by the Italian Republic
          against the Council of the European Union                       (1) OJ L 13 of 18 January 1999, p. 54.
                                                                          (2) OJ L 389 of 31 December 1992, p. 1.
                           (Case C-120/99)
                           (1999/C 188/27)
An action against the Council of the European Union was
brought before the Court of Justice of the European Communi-
ties on 10 April 1999 by the Italian Republic, represented by             Action brought on 8 April 1999 by the Commission of
Umberto Leanza, acting as Agent, assisted by Pier Giorgio                 the European Communities against the Hellenic Republic
Ferri, Avvocato dello Stato, with an address for service in
Luxembourg at the Italian Embassy, Rue Marie-Adelaïde.
                                                                                                   (Case C-121/99)
The applicant claims that the Court should:
                                                                                                   (1999/C 188/28)
— allow the present application, and consequently,
                                                                          An action against the Hellenic Republic was brought before
— partially annul Council Regulation (EC) No 49/1999 (1);                 the Court of Justice of the European Communities on 8 April
                                                                          1999 by the Commission of the European Communities,
— order the Commission to pay the costs.                                  represented by Maria Kondou-Durande, of its Legal Service,
                                                                          with an address for service in Luxembourg at the office of
                                                                          Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre,
Pleas in law and main arguments                                           Kirchberg.
                                                                          The Commission claims that the Court should:
1. Unlawfulness of Article 2(1) of the regulation (allocation
     of percentages from the share available to the Community             1. declare that, by not communicating the laws, regulations
     of bluefin tuna stocks), by reason of:                                   and administrative provisions required to comply with
                                                                              Commission Directive 97/35/EC (1) of 18 June 1997
     — total absence of a statement of reasons. The recitals in               adapting to technical progress for the second time Council
         the preamble to the regulation do not in any way                     Directive 90/220/EEC on the deliberate release into the
         satisfy the essential guarantee requiring the provision              environment of genetically modified organisms, or by not
         of a statement of the parameters and criteria adopted                adopting the necessary measures to comply therewith, the
         for the purposes of dividing up a total allowable catch              Hellenic Republic has failed to fulfil its obligations under
         into national quotas;                                                the Treaty and that directive;
 ---pagebreak--- 3.7.1999              EN                   Official Journal of the European Communities                                           C 188/13
2. order the Hellenic Republic to pay the costs.                      — Failure to provide an adequate statement of reasons for the
                                                                           judgment: the Court of First Instance was unable, without
                                                                           running up against the appellant’s arguments, to reject the
Pleas in law and main arguments                                            plea concerning the unique nature of a person’s status,
                                                                           which is a separate plea from that of breach of the principle
                                                                           of equal treatment.
The Member States are required by the binding character of
the third paragraph of Article 189 and of Article 5 of the EC         — Disregard of the principle of conferred powers: neither the
Treaty to adopt the measures needed to transpose directives                Community legislature nor the Community institutions
into national law before the expiry of the period laid down for            may fix, alter or interpret the civil status of officials in their
that purpose and to communicate those measures immediately                 service.
to the Commission. That period expired on 31 July 1997
without the Hellenic Republic having communicated to the
Commission the provisions transposing the directive at issue          — Breach of the principle of the unique nature of the personal
into national law.                                                         status of Community nationals: the appellant’s personal
                                                                           status is governed by Swedish law, according to which a
                                                                           registered partner is to be regarded as a married person.
(1) OJ No L 169, 27.6.1997, p. 72.
                                                                      — Breach of the principles of freedom of movement for
                                                                           workers, equal treatment and non-discrimination.
                                                                      — Infringement of Article 8 of the European Convention on
                                                                           Human Rights: the protection of a person’s private life
                                                                           entails recognition of the existence and effects of a lawfully
                                                                           acquired civil status. The Court of First Instance was wrong
                                                                           to refer to the judgment in Grant (1), since that case
Appeal brought on 13 April 1999 by D against the                           concerned a relationship which was not formally recog-
judgment delivered on 28 January 1999 by the Second                        nised.
Chamber of the Court of First Instance of the European
Communities in Case T-264/97 between D, supported by
the Kingdom of Sweden, and the Council of the European
                                                                      (1) Jugdment of the Court of Justice of 17 February 1998 in Case
                             Union                                        C-249/96.
                       (Case C-122/99 P)
                        (1999/C 188/29)
An appeal against the judgment delivered on 28 January 1999
by the Second Chamber of the Court of First Instance of
the European Communities in Case T-264/97 between D,                  Action brought on 13 April 1999 by the Commission of
supported by the Kingdom of Sweden, and the Council of the            the European Communities against the Hellenic Republic
European Union was brought before the Court of Justice of the
European Communities on 13 April 1999 by D, represented by
Jean-Noël Louis, Gréta-Françoise Parmentier and Véronique                                       (Case C-123/99)
Peere, lawyers, with an address for service in Luxembourg at
the offices of Fiduciaire Myson SARL, 30 Rue de Cessange.
                                                                                               (1999/C 188/30)
The appellant claims that the Court should:
                                                                      An action against the Hellenic Republic was brought before
— set aside the judgment of the Court of First Instance of the        the Court of Justice of the European Communities on 13 April
    European Communities (Second Chamber) of 28 January               1999 by the Commission of the European Communities,
    1999 in Case T-264/97 D, supported by the Kingdom of              represented by Maria Kondou-Durande, of its Legal Service,
    Sweden, v Council of the European Union                           with an address for service in Luxembourg at the office of
                                                                      Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre,
— order the respondent to pay the costs of both sets of               Kirchberg.
    proceedings.
                                                                      The Commission claims that the Court should:
Pleas in law and main arguments                                       1. declare that, by not communicating the laws, regulations
                                                                           and administrative provisions necessary to comply with
— The Court of First Instance unlawfully altered the subject-              European Parliament and Council Directive 94/62/EC (1)
    matter of the action by confining itself to an examination             of 20 December 1994 on packaging and packaging waste,
    of the question whether it was legally open to the Council,            or by not adopting the necessary measures to comply
    by way of an autonomous interpretation, to treat a                     therewith, the Hellenic Republic has failed to fulfil its
    registered partnership as equivalent to a marriage.                    obligations under the Treaty and that directive;