CELEX: C1995/286/10
Language: en
Date: 1995-10-28 00:00:00
Title: Appeal lodged on 12 September 1995 by Girish Ojha against the judgment of the Court of First Instance of the European Communities (First Chamber) of 6 July 1995 in Case T-36/93 Girish Ojha v. Commission of the European Communities (Case C-294/95 P)

28 . 10. 95         I EN |                  Official Journal of the European Communities                                  No C 286/5
30 August 1995 by the Commission of the European                       — refer the case back to the Court of First Instance for a
Communities, represented by Antonio Aresu, of its Legal                    fresh ruling on Mr Ojha 's claims for compensation for
Service, acting as Agent, with an address for service in                   the non-material damage suffered by him as a result of
Luxembourg at the office of Carlos Gomez de la Cruz,                       the above decision ,
Wagner Centre, Kirchberg.
                                                                       — order the Commission to pay the costs of these
The applicant claims that the Court should :                               proceedings, and of the proceedings before the Court of
                                                                           First Instance .
— declare that, by failing to adopt within the prescribed
     period the laws, regulations and administrative                   Pleas in law and main arguments adduced in support:
     measures necessary to implement Council Directive
     92/109/EEC (') of 14 December 1992 on the                         1 . Error of law and reasoning as regards the extent of the
                                                                           Commission 's obligation to state reasons , in so far as the
     manufacture and the placing on the market of certain                  Court of First Instance held that sufficient reasons were
     substances used in the illicit manufacture of narcotic
                                                                           stated for the contested Commission decision
     drugs and psychotropic substances, the Italian Republic
     has failed to fulfil its obligations under Community                  ( paragraphs 59 to 62 of the judgment );
     law,                                                              2 . Error of law and reasoning in that the Court of First
                                                                           Instance held that the Commission had not infringed the
— order the Italian Republic to pay the costs .                            appellant's defence rights by failing to communicate to
                                                                           him the documents on which the contested decision was
Pleas in law and main arguments adduced in support:                        based;
Article 189 of the EC Treaty, which states that a directive is         3 . Error of law and reasoning in that the Court of First
binding upon Member States as to the result to be achieved,                Instance upheld the Commission 's argument that the
entails for Member States an obligation to comply with the                 mere existence of complaints against the appellant,
time limits laid down in directives for their transposition . In           irrespective of whether they were well founded, justified
the present case, the prescribed period expired on 1 July                  the reassignment of the appellant to Brussels in the
1993 , at which time the Italian Republic had still not                    interests of the service;
enacted the provisions necessary to comply with Directive
92 / 109/EEC .                                                         4 . Error of law and reasoning in that the Court of First
                                                                           Instance accepted the Commission 's argument that the
(•) OJ No L 370 , 19 . 12 . 1992 , p . 76 .                                contested decision could be justified by the interests of
                                                                           the service, having regard to an allegedly tense situation
                                                                           within the service ;
                                                                       5 . Error of law and reasoning in that the Court of First
                                                                           Instance did not take the personal interests of the
Appeal lodged on 12 September 1995 by Girish Ojha                          appellant into account;
against the judgment of the Court of First Instance of the
European Communities ( First Chamber ) of 6 July 1995 in               6 . Infringement of Article 26 of the Staff Regulations in
Case T-36/93 Girish Ojha v. Commission of the European                     that the Court of First Instance allowed documents not
                          Communities                                      forming part of an official 's personal file to be used
                      ( Case C-294/95 P)                                   against him.
                         ( 95/C 286/ 10 )
An appeal was lodged before the Court of Justice of the
European Communities on 12 September 1995 by Girish                    Reference for a preliminary ruling by the Dublin Circuit
Ojha , represented by E. H. Pijnacker Hordijk, of the                  Family Court, by order of that court of 15 May 1995 , in the
Amsterdam Bar, with an address for service in Luxembourg                         case of Jackie Farrell against James Long
at the Chambers of L. Friden, Avenue Guillaume, against the
                                                                                               ( Case C-295 /95 )
judgment of the Court of First Instance of the European
Communities ( First Chamber ) of 6 July 1995 in Case                                             ( 95 /C 286/ 11
T-36/93 Girish Ojha v. Commission of the European
Communities .                                                          Reference has been made to the Court of Justice of the
                                                                       European Communities by an order of the Dublin Circuit
The appellant claims that the Court should :                           Family Court of 15 May 1995 , which was received at the
                                                                       Court Registry on 15 September 1995 , for a preliminary
— set aside the judgment of the Court of First Instance of             ruling in the case of Jackie Farrell against James Long, on the
     the European Communities of 6 July 1995 in Case                   following question :
     T-36/93 ,
                                                                       Do the provisions of Article 5 ( 2 ) of the Convention on
— annul the Commission 's decision of 20 October 1992 ,                Jurisdiction and Enforcement of Judgments in Civil and
     reassigning the appellant together with his post from the         Commercial Matters signed at Brussels on 27 September
      Commission delegation in Dacca to the seat of the                 1968 require as a condition precedent to the institution of
      Commission in Brussels,                                          maintenance proceedings in the Irish Courts by an applicant