CELEX: C2000/192/33
Language: en
Date: 2000-07-08 00:00:00
Title: Case T-109/00: Action brought on 26 April 2000 by Bernd Schmidt against the Council of the European Union

C 192/18                EN                       Official Journal of the European Communities                                       8.7.2000
Action brought on 26 April 2000 by the Consorzio                            Pleas in law and main arguments
Industrie Fiammiferi (CIF) against the Commission of the
                      European Communities                                  The applicant is a Notariatsassessor (associate notary) in Baden-
                                                                            Württemberg (Germany) and acts in a legal advisory capacity
                          (Case T-107/00)                                   there. In 1994 he applied for admission to the aptitude test in
                                                                            accordance with the German Law for admission to the
                                                                            profession of Rechtsanwalt (Eignungsprüfungsgesetz). That
                          (2000/C 192/32)
                                                                            application was refused by the German authorities and courts
                                                                            at several instances. The applicant now argues that the
                     (Language of the case: Italian)                        Eignungsprüfungsgesetz was enacted in implementation of
                                                                            Directive 89/48/EEC (1). He maintains that, after the dismissal
                                                                            decisions by the German authorities and courts, he is individu-
An action against the Commission of the European Communi-                   ally and directly affected by that directive, and that Article 1 of
ties was brought before the Court of First Instance of the                  the directive infringes Article 12 EC and several fundamental
European Communities on 26 April 2000 by the Consorzio                      rights. The provision gives nationals of other Member States,
Industrie Fiammiferi (CIF), with Antonio Tizzano and Gian                   who hold a diploma satisfying the formal requirements of the
Michele Roberti, of the Naples Bar, 36 Place du Grand Sablon,               directive, access to the profession of German Rechtsanwalt by
Brussels.                                                                   passing the aptitude test, whereas German nationals holding
                                                                            diplomas of equal value are denied that possibility. In the
The applicant claims that the Court should:                                 applicant’s submission, that constitutes an inequality in treat-
                                                                            ment that should lead to the annulment of the directive.
— annul the implied rejection of the request for review
     submitted by the CIF to the Secretary-General of the
                                                                            (1) OJ L 19, 24. 1. 1989, p. 16.
     Commission on 20 January 2000 and also, if appropriate,
     the letter, dated 17 February 2000, from Mary E. Preston;
— order the Commission to pay the costs of the proceedings.
                                                                            Action brought on 2 May 2000 by British American
Pleas in law and main arguments                                             Tobacco International (Investments) limited against the
                                                                                     Commission of the European Communities
The pleas in law and main arguments are similar to those
relied on in Case T-40/00 Consorzio Industrie Fiammiferi v                                           (Case T-111/00)
Commission.
                                                                                                     (2000/C 192/34)
                                                                                                (Language of the case: English)
                                                                            An action against the Commission of the European Communi-
                                                                            ties was brought before the Court of First Instance of the
Action brought on 26 April 2000 by Bernd Schmidt                            European Communities on 2 May 2000 by British American
          against the Council of the European Union                         Tobacco International (Investments) limited (London,
                                                                            England), represented by Mr. Scott Crosby of Kemmler Rapp
                          (Case T-109/00)                                   Böhlke & Crosby, Brussels.
                          (2000/C 192/33)                                   The applicant claims that the Court should:
                                                                            — annul the Decision of the Commission of 8 March 2000
                                                                                 refusing access to the minutes of the Excise Duty Com-
                    (Language of the case: German)                               mittee of its meetings of 29-30 April 1998 and
                                                                                 28-29 October 1999 relating to the apparent decision of
An action against the Council of the European Union was                          the Committee to classify expanded tobacco as an excisable
brought before the Court of First Instance of the European                       product and to confirm that apparent decision respectively;
Communities on 26 April 2000 by Bernd Schmidt, residing in
Schwäbisch Hall (Germany), represented by Joachim Schorpp,                  — order the Commission to pay the applicant’s costs pursuant
Rechtsanwalt, Delitzsch (Germany).                                               to Article 87 of the Rules of Procedure of the Court of First
                                                                                 Instance.
The applicant claims that the Court should:
                                                                            Pleas in law and main arguments
— declare Council Directive 89/48/EEC of 21 December
     1988 on a general system for the recognition of higher-                The applicant explains that, as a tobacco company, it has a
     education diplomas awarded on completion of pro-                       vital interest in knowing why a given product — expanded
     fessional education and training of at least three years’              tobacco — is treated as smoking tobacco within the meaning
     duration void in relation to the professions of Rechtsanwalt           of Article 5(1) of Directive 95/59/EC (1) and thus an excisable
     (attorney) and Patentanwalt (patent agent).                            product. The applicant considers the product an intermediary