CELEX: C1995/189/07
Language: en
Date: 1995-07-22 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 1 June 1995 in Case C-119/94 P: Dimitrios Coussios v. Commission of the European Communities (Appeal - Official - Failure to give reasons for a decision rejecting an application - Award of compensation - Waiver of rights under the Staff Regulations)

No C 189/4             EN                    Official Journal of the European Communities                                        22 . 7 . 95
                JUDGMENT OF THE COURT                                   (Agent: Umberto Leanza ) — application for a declaration
                         ( Third Chamber)                               that, by failing to adopt within the prescribed period the
                                                                        laws, regulations and administrative provisions necessary to
                           of 1 June 1995                               comply with Council Directive 89/392/EEC of 14 June 1989
in Case C-l 19/94 P: Dimitrios Coussios v. Commission of                on the approximation of the laws of the Member States
                 the European Communities ( l )                         relating to machinery ( 2) and Council Directive 91/368/EEC
(Appeal — Official — Failure to give reasons for a decision             of 20 June 1991 amending Directive 89/392/EEC (3 ), the
rejecting an application — Award of compensation —                      Italian Republic has failed to fulfil its obligations under
          Waiver of rights under the Staff Regulations)                 Community law — the Court ( Fifth Chamber), composed
                                                                        of: C. Gulmann (Rapporteur), President of the Chamber, P.
                            ( 95/C 189/07 )                             Jann, D. A. O. Edward, J.-P. Puissochet and L. Sevôn,
                                                                        Judges; C. O. Lenz, Advocate-General; R. Grass, Registrar,
                 (Language of the case: Frencb)                         has given a judgment on 1 June 1995 , in which it:
(Provisional translation; the definitive translation will be            1 , declares that, by failing to adopt within the prescribed
           published in the European Court Reports)                            period the laws, regulations and administrative
                                                                               provisions necessary in order to comply with Council
In Case C-l 1 9/94 P : Dimitrios Coussios ( lawyer: Georges                    Directive 89/392/EEC of 14 June 1989 on the
Sakellaropoulos ) — appeal against the judgment of the                         approximation ofthe laws ofthe Member States relating
Court of First Instance of the European Communities ( Fifth                    to machinery and Council Directive 91 /368/EEC of
Chamber ) of 23 February 1994 in Joined Cases T-18/92 and                      20 June 1991 amending Directive 89/392/EEC, the
T-68/92 Coussios v . Commission [ 1994] ECR-SC II, p . 171 ,                   Italian Republic has failed to fulfil its obligations under
seeking to have that judgment set aside, the other party to                    Community law;
the proceedings being: Commission of the European
Communities (Agents : Gianluigi Valsesia and Ana Maria
Alves Vieira ) — the Court (Third Chamber ), composed of:               2 , orders the Italian Republic to pay the costs.
C. Gulmann ( Rapporteur ), President of the Chamber, J. C.
Moitinho de Almeida and J. -P. Puissochet, Judges; F. G.                 t 1 ) OJ No C 233 , 20 . 8 . 1994 .
Jacobs, Advocate-General; D. Louterman-Hubeau,                           ( 2 ) OJ No L 183 , 29 . 6 . 1989 , p . 9 .
Principal Administrator, for the Registrar, has given a                 ( 3 ) OJ No L 198 , 22 . 7. 1991 , p . 16.
judgment on 1 June 1995 , in which it:
 1 , dismisses the appeal;
2, orders the appellant to pay the costs.
 f 1 ) OJ No C 174, 25 . 6 . 1994 .                                                      JUDGMENT OF THE COURT
                                                                                                   ( Sixth Chamber)
                                                                                                     of 8 June 1995
                                                                         in Case C-3 89/93 (reference for a preliminary ruling from
                                                                        the Verwaltungsgericht, Frankfurt am Main): Anton
                                                                               Dürbeck GmbH v. Bundesamt für Ernährung und
                JUDGMENT OF THE COURT                                                             Forstwirtschaft f 1 )
                           (Fifth Chamber)                                (Bananas — Import arrangements — Category of new
                                                                                                         operators)
                            of 1 June 1995
                                                                                                      ( 95/C 189/09 )
        in Case C-182/94 : Commission of the European
               Communities v. Italian Republic i 1 )
 (Failure to fulfil obligations — Failure to transpose Council                            (Language of the case: German)
            Directives 89/392/EEC and 91/368/EEC)
                             ( 95/C 189/08 )
                                                                         (Provisional translation; the definitive translation will be
                                                                                    published in the European Court Reports)
                  (Language of the case: Italian)
                                                                         In Case C-389/93 : reference to the Court under Article 177
 (Provisional translation; the definitive translation will be
           published in the European Court Reports)                      of the EC Treaty from the Verwaltungsgericht
                                                                          (Administrative Court), Frankfurt am Main ( Germany), for
                                                                         a preliminary ruling in the proceedings pending before that
 In Case C-182/94: Commission of the European                            court between Anton Durbeck GmbH and Bundesamt fiir
 Communities (Agent: Antonio Aresu ) v . Italian Republic                Ernâhrung und Forstwirtschaft (Federal Office for Food