CELEX: C1995/137/19
Language: en
Date: 1995-06-03 00:00:00
Title: Action brought on 20 March 1995 by the Commission of the European Communities against the Hellenic Republic (Case C-82/95)

No C 137/ 10              EN                    Official Journal of the European Communities                                      3 . 6 . 95
first compromise on Italy's request for a quota increase, it               Pleas in law and main arguments adduced in support:
was decided to finance a programme of abandoning
production to allow Italy to reduce its national production.               The appellant claims that substantive law was infringed
It appears strange, and symptomatic of a manifest misuse of                when Article 85 was applied ( maintenance and partitioning
powers, that the Commission should now censure Italy for                   of the various national markets by Parker Pen Ltd's policy of
not reallocating the quotas purchased for the purposes of                  referring enquiries to local subsidiaries; unequal treatment
Regulation ( EEC ) No 857/84 , while at the same time the                  of VIHO with regard to prices and conditions of sale ).
Council decided upon Community financing to reduce
Italian production. In the circumstances, the reallocation of
the 164 100 tonnes repurchased for the purposes of                         (») OJ No C 54 , 4 . 3 . 1995 , p . 15 .
Regulation ( EEC ) No 857/84 would clearly have led to a
worsening of the situation . Italy therefore preferred to
suspend the reallocation, which was in contradiction with
actual Community requirements .
(')  OJ No L  94 , 28 . 4 . 1970 , p. 13 .
(2 ) OJ No L  186 , 16 . 8 . 1972 , p. 1 .                                 Action brought on 20 March 1995 by the Commission of
(;)  OJ No L  90 , 1 . 4 . 1984 , p. 13 .                                  the European Communities against the Hellenic Republic
(4 ) OJ No L  139 , 4 . 6 . 1988 , p. 12 .
                                                                                                     ( Case C-82/95 )
                                                                                                       ( 95/C 137/19 )
                                                                           An action against the Hellenic Republic was brought before
                                                                           the Court of Justice of the European Communities on
                                                                           20 March 1995 by the Commission of the European
                                                                           Communities, represented by Dimitrios Gouloussis, Legal
                                                                           Adviser of the Commission, with an address for service in
                                                                           Luxembourg at the office of Georgios Kremlis, of the
Appeal brought on 14 March 1995 by VIHO Europe BV                          Commission 's Legal Service, Wagner Centre, Kirchberg.
against the judgment delivered on 12 January 1995 by the
First Chamber of the Court of First Instance of the European
Communities in Case T-102/92 between VIHO Europe BV                        The applicant claims that the Court should :
and Commission of the European Communities, supported
                          by Parker Pen Ltd                                1 . declare that the Hellenic Republic has failed to fulfil its
                           ( Case C-73/95 P)                                    obligations under the EEC Treaty because it omitted to
                              ( 95 /C 137/ 18 )                                 bring into force and to communicate to the Commission
                                                                               within the requisite time limit the laws , regulations and
                                                                                administrative provisions necessary to comply with
                                                                                Council Directive 91 /308/EEC of 10 June 1991 on
An appeal against the judgment delivered on 12 January                         prevention of the use of the financial system for the
1995 by the First Chamber of the Court of First Instance of                     purpose of money laundering ( ! );
the European Communities in Case T-102/92 between
VIHO Europe BV and the Commission of the European
Communities, supported by Parker Pen Ltd , was brought                     2 . order the Hellenic Republic to pay the costs .
before the Court of Justice of the European Communities on
14 March 1995 by VIHO Europe BV, Maastricht                                Pleas in law and main arguments adduced in support:
(Netherlands ), represented by Gleiss Lutz Hootz Hirsch und
Partner, Rechtsanwalte, Stuttgart, with an address for
service in Luxembourg at the Chambers of Marc Loesch, 1 1                  Article 16 of Directive 91 /308/EEC provides that the
rue Goethe, L-1637 Luxembourg.                                             Member States are to bring into force the laws , regulations
                                                                           and administrative decisions necessary to comply with the
                                                                           Directive before 1 January 1993 and that they are forthwith
                                                                           to notify the Commission thereof.
The appellant claims that the Court should :
                                                                           Having received no communication from the Greek
1 . annul the Commission decision of 30 September 1992                     Government concerning measures adopted in order to
     and set aside the judgment of the Court of First Instance             incorporate the abovementioned Directive into the Greek
     of 12 January 1995 (T-102/92 ) f 1 );                                 legal order, the Commission on 12 March 1993 addressed
                                                                           to the Government in question a formal letter before action.
                                                                           Since the Greek Government did not reply to that letter, the
2.   order the Commission to bear the costs of the                         Commission on 4 July 1994 issued a reasoned opinion
     proceedings , including those incurred by the intervenor,             giving the Greek Government a period of two months
     Parker Pen Ltd .                                                      within which to comply with the Directive .
 ---pagebreak--- 3 . 6 . 95            EN                   Official Journal of the European Communities                               No C 137/ 11
After that period had expired with no communication from              requisite measures, the Commission decided to bring these
the Greek Government concerning the adoption of the                   proceedings under Article 169 of the Treaty .
requisite measures, the Commission decided to bring these
proceedings under Article 169 of the Treaty.                          H OJ No L 110 , 28 . 4 . 1992 , p . 52 .
(') OJ No L 166 , 28 . 6 . 1991 , p . 77 .
                                                                      Reference for a preliminary ruling by the Supreme Court,
                                                                      Dublin, by order of that court of 12 February 1995 , in the
                                                                      case of Bosphorus Hava Yollari Turizm ve Ticaret AS
                                                                      against Minister for Transport, Energy and
                                                                          Communications, Ireland and the Attorney General
Action brought on 20 March 1995 by the Commission of                                           ( Case C-84/95 )
the European Communities against the Hellenic Republic                                           ( 95/C 137/21 )
                         ( Case C-83/95 )
                           ( 95/C 137/20 )                            Reference has been made to the Court of Justice of the
                                                                      European Communities by an order of the Supreme Court,
                                                                      Dublin, of 12 February 1995 , which was received at the
An action against the Hellenic Republic was brought before            Court Registry on 20 March 1995 , for a preliminary ruling
the Court of Justice of the European Communities on                   in the case of Bosphorus Hava Yollari Turizm ve Ticaret AS
20 March 1995 by the Commission of the European                       against     Minister         for    Transport, Energy       and
Communities, represented by Dimitrios Gouloussis, Legal               Communications , Ireland and the Attorney General, on the
Adviser of the Commission, with an address for service in             following question:
Luxembourg at the office of Georgios Kremlis, of the
Commission's Legal Service, Wagner Centre, Kirchberg .                Is Article 8 of Council Regulation ( EEC ) No 990/93 of
                                                                      26 April 1993 concerning trade between the European
                                                                      Economic Community and the Federal Republic of
The applicant claims that the Court should :                          Yugoslavia ( Serbia and Montenegro ) (') to be construed as
                                                                      applying to an aircraft which is owned by an undertaking
1 . declare that the Hellenic Republic has failed to fulfil its       the majority or controlling interest in which is held by an
     obligations under the EEC Treaty because it omitted to           undertaking in the Federal Republic of Yugoslavia ( Serbia
     bring into force and to communicate to the Commission            and Montenegro ) where such aircraft has been leased by the
     within the requisite time limit the laws, regulations and        owner for a term of four years from the 22 April 1992 to an
     administrative provisions necessary to comply with               undertaking the majority or controlling interest in which is
     Council Directive 92/30/EEC of 6 April 1992 on the               not held by a person or undertaking in or operating from the
     supervision of credit institutions on a consolidated             said Federal Republic of Yugoslavia ( Serbia and
     basis ( ! );                                                     Montenegro )?
2 . order the Hellenic Republic to pay the costs .                    (') OJ No L 102 , 28 . 4 . 1993 , p . 14 .
Pleas in law and main arguments adduced in support:
Article 9 of Directive 92/30/EEC provides that the Member             Reference for a preliminary ruling from the
States are to bring into force the laws, regulations and              Bundesfinanzhof by order of that court of 12 October 1994
administrative decisions necessary to comply with the                    in the case of John Reisdorf v. Finanzamt Koln-West
Directive before 1 January 1993 and that they are forthwith                                      Case C-85/95 )
to notify the Commission thereof.
                                                                                                 ( 95 /C 137/22 )
Having received no communication from the Greek
                                                                      Reference has been made to the Court of Justice of the
Government concerning measures adopted in order to
                                                                      European Communities by*an order of the Bundesfinanzhof
incorporate the abovementioned Directive into the Greek               ( Federal Finance Court) of 12 October 1994 , which was
legal order, the Commission on 12 March 1993 addressed
                                                                      received at the Court Registry on 20 March 1995 , for a
to the Government in question a formal letter before action .
Since the Greek Government did not reply to that letter, the
                                                                      preliminary ruling in the case of John Reisdorf v. Finanzamt
                                                                      Koln-West, on the following questions:
Commission on 4 July 1994 issued a reasoned opinion
giving the Greek Government a period of two months                    1 . Is an invoice within the meaning of Article 18 ( 1 ) ( a ) of
within which to comply with the Directive .                                the Sixth Directive 77/388/EEC ( ! ) only the original,
                                                                           that is to say, the original copy of the statement of
After that period had expired with no communication from                   account, or are carbon copies, duplicates or photocopies
the Greek Government concerning the adoption of the                        also to be regarded as being invoices in that sense ?