CELEX: C1998/007/14
Language: en
Date: 1998-01-10 00:00:00
Title: Action brought on 1 April 1997 by the Regione Toscana against the Commission of the European Communities (Case C-180/97)

10. 1. 98             EN                  Official Journal of the European Communities                                     C 7/7
               JUDGMENT OF THE COURT                                 Bora, of the Florence Bar, with an address for service in
                        (First Chamber)                              Luxembourg at the office of Paolo Benocci, 50 Rue de
                                                                     Vianden.
                    of 20 November 1997
      in Case C-188/96 P: Commission of the European                 The applicant claims in particular that the Court should
                     Communities v. V (1)                            annul a note of the Commission (Directorate-General for
 (Officials Ð Removal from post Ð Statement of reasons)              Agriculture) and a Decision in which the Commission
                                                                     withdrew financial aid allocated under the integrated
                          (98/C 7/13)                                Mediterranean programme in respect of project
                                                                     88.20.IT.006.0 (supply of drinking water in Tuscany).
                (Language of the case: French)
                                                                     By order of 1 Octrober 1997 the Court referred the action
  (Provisional translation; the definitive translation will be
                                                                     to the Court of First Instance of the European
          published in the European Court Reports)
                                                                     Communities pursuant to Article 47 of the Statute of the
                                                                     Court.
In Case C-188/96 P Commission of the European
Communities represented by Ana Maria Alves Vieira,
assisted by Denis Waelbroeck, appeal against the judgment
of the Court of First Instance (First Chamber) of the
European Communities (Fifth Chamber) in Case T-40/95,
ECR-SC II-461, seeking to have that judgment set aside,
the other party to the proceedings being V, a former                 Reference for a preliminary ruling by the Protodikio
official of the Commission of the European Communities,              Athinon by order of that court of 24 June 1997 in the
represented by Jean-NoeÈl Louis, Thierry Demaseure,                  Case of Dionisios Diamantis against (1) Greek State and
VeÂronique Leclercq and Ariane Tornel, of the Brussels Bar,          (2) Organismos Ikonomikis Anasigrotisis Epikhiriseon
with an address for service in Luxembourg at the offices                                           (OAE)
of Fiduciaire Myson, 30 Rue de Cessange, the Court (First                                   (Case C-373/97)
Chamber), composed of: L. Sevón, acting for the President
of the First Chamber, D. A. O. Edward and P. Jann                                               (98/C 7/15)
(Rapporteur), Judges; M. B. Elmer, Advocate-General; R.
Grass, Registrar, has given a judgment on 20 November                Reference has been made to the Court of Justice of the
1997, in which it:                                                   European Communities by order of the Protodikio
                                                                     Athinon (Court of First Instance, Athens) of 24 June
1. sets aside the judgment of the Court of First Instance            1997, received at the Court Registry on 31 October 1997,
     of 28 March 1996 in Case T-40/95 V v. Commission                for a preliminary ruling in the case of Dionisios Diamantis
     to the extent to which, on the one hand, it annulled            against (1) Greek State and (2) Organismos Ikonomikis
     for inadequacy of the statement of the reasons on               Anasigrotisis     Epikhiriseon     (Organization  for   the
     which it was based the Commission's decision of                 Reconstruction of Undertakings) on the following
     18 January 1995 removing Mr V from his post and,                questions:
     on the other hand, ordered the Commission to pay the
     costs, including those relating to the earlier
     interlocutory proceedings;                                      1. In the specific factual circumstances set out in the
                                                                         grounds of [the order for reference] does a question
2. refers the case back to the Court of First Instance for               arise as to the application, both in law and in
     it to adjudicate on the pleas raised by Mr V at first               substance, of Article 281 of the Civil Code, which
     instance;                                                           concerns abusive exercise of the plaintiff's rights, in
                                                                         relation to Articles 25 (1) and 29 (1) of the Second
                                                                         Directive 77/91/EEC (1)?
3. reserves the costs.
(1) OJ C 210, 20. 7. 1996.                                           2. Should the Court of Justice of the European
                                                                         Communities find the above plea well-founded in law
                                                                         and in substance, how will that affect the validity of
                                                                         the ministerial decisions increasing and reducing the
                                                                         capital of the company in question, of which the
                                                                         plaintiff happens to be a shareholder, and, by
Action brought on 1 April 1997 by the Regione Toscana                    extension, are Articles 8 (8) and 10 (1) of Law
   against the Commission of the European Communities                    No 1386/1993 compatible with Community law, in
                                                                         view of the fact that, where Article 281 of the Civil
                       (Case C-180/97)
                                                                         Code does not come into play, it has been held in
                          (98/C 7/14)                                    accordance with the above that those provisions are
                                                                         contrary to the Second Directive?
An action against the Commission of the European
Communities was brought before the Court of Justice of               (1) OJ L 26, 31. 1. 1977, p. 1.
the European Communities on 1 April 1997 by the
Regione Toscana, represented by Vito Vacchi and Lucia