CELEX: C2001/108/13
Language: en
Date: 2001-04-07 00:00:00
Title: Case C-61/01 P: Appeal brought on 12 February 2001 by Francis Panichelli against the judgment delivered on 13 December 2000 by the Second Chamber of the Court of First Instance of the European Communities in Joined Cases T-130/98 and T-131/98 between Francis Panichelli and European Parliament

7.4.2001                EN                     Official Journal of the European Communities                                        C 108/9
Action brought on 12 February 2001 by the Commission                      Appeal brought on 12 February 2001 by Francis Panichelli
of the European Communities against the French Republic                   against the judgment delivered on 13 December 2000 by
                                                                          the Second Chamber of the Court of First Instance of the
                                                                          European Communities in Joined Cases T-130/98 and
                           (Case C-60/01)                                 T-131/98 between Francis Panichelli and European Parlia-
                                                                                                        ment
                          (2001/C 108/12)
                                                                                                  (Case C-61/01 P)
An action against the French Republic was brought before the
                                                                                                  (2001/C 108/13)
Court of Justice of the European Communities on 12 February
2001 by the Commission of the European Communities,
represented by H. Støvlbæk and J. Adda, acting as Agents, with            An appeal against the judgment delivered on 13 December
an address for service in Luxembourg.                                     2000 by the Second Chamber of the Court of First Instance of
                                                                          the European Communities in Joined Cases T-130/98 and
                                                                          T-131/98 between Francis Panichelli and European Parliament
The Commission of the European Communities claims that                    was brought before the Court of Justice of the European
the Court should:                                                         Communities on 12 February 2001 by Francis Panichelli,
                                                                          represented by Eric Boigelot, with an address for service in
                                                                          Luxembourg.
—     declare that, by failing to adopt all the measures necessary
      and appropriate in order to ensure either that all inciner-
      ation plants currently operating in France are being                The appellant claims that the Court should:
      operated in accordance with the combustion conditions
      laid down by Directives 89/369/EEC (1) and
      89/429/EEC (2) or that they cease to operate by the due             1.   declare the appeal admissible and founded;
      date, namely 1 December 1990 as regards new plants
      and 1 December 1996 as regards existing plants, the                 2.   accordingly:
      French Republic has failed to fulfil its obligations under
      Article 4(1) of Directive 89/369/EEC and Articles 2(a)
      and 4 of Directive 89/429/EEC and under the third                        (a)  set aside the contested judgment;
      paragraph of Article 249 of the Treaty establishing the
      European Community;                                                      (b) itself adjudicate on the dispute and uphold the
                                                                                    appellant’s claims at first instance:
—     order the French Republic to pay the costs.
                                                                                    —     annul the implied decision of the appointing
                                                                                          authority rejecting the request made by the
                                                                                          applicant on 11 July 1997, by which he was
Pleas in law and main arguments                                                           neither made up to Grade A 4 with effect from
                                                                                          1 January 1993, nor granted the promotion
                                                                                          which he sought, nor were there drawn up staff
The Commission states that it is undeniably apparent from the                             reports in respect of the periods 1993 to 1994
information made publicly available by the French authorities                             and 1995 to 1996;
themselves, and from the response of those authorities to the
letter giving formal notice and the reasoned opinion, that                          —     annul the implied rejection of the complaint
numerous incinerators have been operating — and at least                                  lodged on 26 January 1998 against the implied
seven of them are continuing to operate — without complying                               decision to reject his request of 11 July 1997;
with the combustion conditions laid down in Article 4(1) of
Directive 89/369/EEC and Articles 2(a) and 4 of Directive
89/429/EEC.                                                                         —     order the defendant to pay to the appellant,
                                                                                          subject to increase in the course of the proceed-
                                                                                          ings, BEF 250 000 (EUR 6 191,91) by way of
                                                                                          damages to make good the material and non-
                                                                                          material damage caused to him;
(1) Council Directive 89/369/EEC of 8 June 1989 on the prevention
    of air pollution from new municipal waste incineration plants (OJ
    L 163, 14.6.1989, p. 32).                                                       —     annul the decision of the Bureau of the Euro-
(2) Council Directive 89/429/EEC of 21 June 1989 on the reduction                         pean Socialists Party group (ESP) to terminate
    of air pollution from existing municipal waste-incineration plants                    the appellant’s temporary contract with effect
    (OJ L 203, 15.7.1989, p. 50).
                                                                                          from the evening of 2 October 1998, brought
                                                                                          to the appellant’s notice on 2 July 1998 by a
                                                                                          letter from the Chair of the ESP Group, Ms
                                                                                          P. Green, dated 30 June 1998 and sent by
                                                                                          registered post on 1 July 1998;
 ---pagebreak--- C 108/10                EN                    Official Journal of the European Communities                                       7.4.2001
            —     annul the express rejection of the complaint           Pleas in law and main arguments
                  lodged by the appellant on 18 May 1998,
                  notified to him by registered letter of
                                                                         The Member States are required by the binding character of
                  10 December 1998;
                                                                         the third paragraph of Article 249 and Article 10 EC (ex third
                                                                         paragraph of Article 189 and Article 5 of the EC Treaty) to
      (c)   order, in any event, the defendant to pay all the            adopt the measures needed to transpose directives into national
            costs both at first instance and in the present appeal.      law before the expiry of the time-limit laid down for that
                                                                         purpose and to communicate those measures immediately to
                                                                         the Commission. That time-limit expired on 30 October
                                                                         1999 without the Hellenic Republic having notified to the
                                                                         Commission the provisions transposing the directive in ques-
Pleas and main arguments                                                 tion into national law.
                                                                         (1) OJ L 257, 10.10.1996, p. 26.
Infringement of Community law, in particular Article 33 of
the Statute of the Court of Justice, given that the obligation to
provide reasons implies, in particular, that the grounds relied
on are admissible in law, that is to say adequate, relevant, free
of errors of law and fact and consistent.
                                                                         Appeal brought on 14 February 2001 by Committee of
                                                                         the Cotton and Allied Textile Industries of the European
                                                                         Union (Eurocoton) and others against the judgment
                                                                         delivered on 29 November 2000 by the Second Chamber,
                                                                         Extended Composition, of the Court of First Instance of
                                                                         the European Communities in case T-213/97 (1) between
                                                                         Committee of the Cotton and Allied Textile Industries of
                                                                         the European Union (Eurocoton) and others and Council
                                                                           of the European Union, supported by United Kingdom
Action brought on 13 February 2001 by the Commission
of the European Communities against the Hellenic Repub-
                                  lic                                                            (Case C-76/01 P)
                                                                                                 (2001/C 108/15)
                           (Case C-64/01)
                                                                         An appeal against the judgment delivered on 29 November
                          (2001/C 108/14)                                2009 by the Second Chamber, Extended Composition, of the
                                                                         Court of First Instance of the European Communities in case
                                                                         T-213/97 between Committee of the Cotton and Allied Textile
                                                                         Industries of the European Union (Eurocoton) and others and
An action against the Hellenic Republic was brought before               Council of the European Union, supported by United Kingdom,
the Court of Justice of the European Communities on 13 Febru-            was brought before the Court of Justice of the European
ary 2001 by the Commission of the European Communities,                  Communities on 14 February 2001 by Committee of the
represented by Richard Wainwright, Principal Legal Adviser,              Cotton and Allied Textile Industries of the European Union
and Panagiotis Panagiotopoulos, a national civil servant on              (Eurocoton), established in Brussels, Belgium, Ettlin Gesell-
secondment to its Legal Service.                                         schaft für Spinnerei und Weberei AG, established in Ettlingen,
                                                                         Germany, Textil Hof Weberei GmbH & Co. KG, established in
                                                                         Hof, Germany, H. Hecking Söhne GmbH & Co., established in
The Commission claims that the Court should:                             Stadtlohn, Germany, Spinnweberei Uhingen GmbH, estab-
                                                                         lished in Uhingen, Germany, F.A. Kümpers GmbH & Co.,
                                                                         established in Rheine, Germany, Tenthorey SA, established in
1.    declare that, by failing to adopt and to notify to the             Eloyes, France, Les Tissages des Héritiers de G. Perrin —
      Commission, within the time-limit laid down, the laws,             Groupe Alain Thirion (HPG-GAT Tissages), established in
      regulations and administrative provisions necessary to             Comimont, France, Établissements des Fils de Victor Perrin
      comply fully with Council Directive 96/61/EC of 24 Sep-            SARL, established in Thiéfosse, France, Filatures et Tissages de
      tember 1996 (1) concerning integrated pollution preven-            Saulxures-sur-Moselotte, established in Saulxures-sur-Moselot-
      tion and control, the Hellenic Republic has failed to fulfil       te, France, Tissage Mouline Thillot, established in Thillot,
      its obligations under the EC Treaty;                               France, Filature Niggeler & Küpfer SpA, established in Capriolo,
                                                                         Italy, Standardtela SpA, established in Milan, Italy, represented
                                                                         by Clive Stanbrook QC and Philip Bentley QC, with an address
2.    order the Hellenic Republic to pay the costs.                      for service in Luxembourg.