CELEX: C1996/269/03
Language: en
Date: 1996-09-14 00:00:00
Title: Application made on 15 July 1996 by SA Must Interim for authorization to serve a garnishee order on the Commission (Case C-1/96 SA)

No C 269/2            EN                    Official Journal of the European Communities                                     14 . 9 . 96
Application made on 15 July 1996 by SA Must Interim for                — Misuse of powers ( see Case C-123/96 )( ).
authorization to serve a garnishee order on the
                             Commission
                                                                       (')  OJ No   L 74 , 22 . 3 . 1996 , p . 13 .
                      ( Case C-l /96 SA )                              (2 ) OJ No   L 192 , 24 . 7 . 1990, p . 10 .
                                                                       (■') OJ No   C 95 , 30 . 3 . 1996 , p . 5 .
                           ( 96/C 269/03 )                             (4 ) OJ No   C 180 , 22 . 6 . 1996 , p . 19 .
An application for authorization to serve a garnishee order
on the Commission of the European Communities was
made to the Court of Justice of the European Communities
on 15 July 1996 by SA Must Interim , represented by James
Junker, whose chambers are at 12 rue Sainte Zithe,                     Action brought on 18 June 1996 by the Commission of the
Luxembourg.                                                            European Communities against the Grand Duchy of
                                                                                                      Luxembourg
The applicant claims that the Court should authorize it to                                         ( Case C-206/96 )
serve a garnishee order on the Commission of the European                                            ( 96/C 269/05 )
Communities relating to sums owed by the latter to
Transport Service International SARL, pursuant to an order
enforceable forthwith and prior to registration given on               An action against the Grand Duchy of Luxembourg was
31 May 1996 by the President of the Tribunal                           brought before the Court of Justice of the European
d'Arrondissement          ( District    Court ),    Luxembourg,        Communities on 18 June 1996 by the Commission of the
authorizing it, pursuant to Article 558 of the Code de                 European Communities, represented by R. Wainwright and
Procedure Civile ( Code of Civil Procedure ), to serve a               J.-F . Pasquier, acting as Agents, with an address for service
garnishee order on the 'the European Commission , a body               in Luxembourg at the office of Carlos Gomez de la Cruz, of
under European law, whose representation in Luxemborug                 the Commission 's Legal Service, Wagner Centre,
is at the Jean Monnet Building, L-2920 Luxembourg' in                  Kirchberg.
relation to all sums, funds or assets that it owes or may
owe to Transport Service International SARL, which is                  The applicant claims that the Court should :
established and has its registered office at L-8055
Bertrange .                                                            — declare that, by not adopting programmes for the
                                                                            reduction of pollution which include quality objectives
                                                                            for water or by not communicating those programmes to
                                                                            the Commission in the form of summaries , together with
                                                                            the results of their implementation , contrary to Article 7
                                                                            of Council Directive 76/464/EEC ('), the Grand Duchy
                                                                            of Luxembourg has failed to fulfil its obligations under
Action brought on 13 June 1996 by the Kingdom of Spain                      the Treaty,
  against the Commission of the European Communities
                                                                       — order the Grand Duchy of Luxembourg to pay the
                        ( Case C-199/96 )                                   costs .
                            ( 96/C 269/04 )
                                                                        Pleas in law and main arguments adduced in support:
 An action against the Commission of the European
 Communities was brought before the Court of Justice of the             Under the third paragraph of Article 189 , a directive is
 European Communities on 13 June 1996 by the Kingdom of                 binding, as to the result to be achieved, upon each Member
 Spain, represented by Gloria Calvo Diaz , Abogado del                  State to which it is addressed . In respect of the substances
 Estado, with an address for service in Luxembourg at the               referred to in List II , the results to be achieved are the
 Spanish Embassy, 4 and 6 boulevard E. Servais .                        planning and implementation of programmes for the
                                                                        reduction of pollution , and the analysis and notification to
                                                                        the Commission of the actual results ( Article 7(1 ) and ( 6 ) of
 The applicant claims that the Court should :                           Directive 76/464/EEC ). According to the Commission , the
                                                                        Grand Duchy of Luxembourg has not as yet — that is , 14
 — annul Commission Directive 96/ 1 9/EC ( 1 ) of 13 March              years after the expiry of the period prescribed for the
     1996 amending Directive 90/388/EEC ( 2 ) with regard               establishment of the programmes, 10 years after the first
    to the implementation of full competition in                        letter on the subject was addressed to the Luxembourg
    telecommunications markets,                                         Government, and subsequent meetings with its
                                                                        representatives, and five years after the last list of priority
 — order the Commission to pay the costs .                              List II substances was drawn up — complied with its
                                                                        obligations under Article 7 of the Directive .
 Pleas in law and main arguments adduced in support:
                                                                        (') OJ No I. 129 , 18 . 5 . 1976 , p . 23 .
 — Lack of competence of the Commission ( see Case
     C-ll /96 ) ( ').