CELEX: C1997/142/17
Language: en
Date: 1997-05-10 00:00:00
Title: Action brought on 6 February 1997 by the Hellenic Republic against the Commission of the European Communities (Case C-46/97)

No C 142/8            EN                   Official Journal of the European Communities                                    10 . 5 . 97
                  ORDER OF THE COURT                                       the clearance of the accounts presented by the
                        ( First Chamber)                                   Member States in respect of the expenditure for 1992
                                                                           of the Guarantee Section of the European Agricultural
                       of 6 March 1997                                     Guidance and Guarantee Fund ( EAGGF ) and in
in Case C-303/96 P: Giorgio Bernardi v. European                           respect of certain expenditure for 1993 ('), so far as
                          Parliament (M                                    concerns the chapters which relate to financial
                                                                           corrections chargeable to the Hellenic Republic for
(Appeal — European Ombudsman — Nominations —                               olive oil, wine, cotton and tobacco,
Appointment procedure — Action for annulment —
      Appeal manifestly inadmissible and unfounded)
                          ( 97/C 142/ 16 )
                                                                      — order the Commission to remove the qualification
                                                                           made by it in respect of the clearance of accounts for
                                                                           1990 and to refund to the applicant the deducted sum
                (Language of the case: French)                             of Dr 4 500 000 000 .
  (Provisional translation; the definitive translation will be        Pleas in law and main arguments adduced in support:
         published in the European Court Reports)
In Case C-303/96 P: Giorgio Bernardi ( Lawyer: Giancarlo              In its application, the Hellenic Republic alleges numerous
Lattanzi ) — appeal against the judgment of the Court of              errors of fact in relation to each of the products, olive oil,
First Instance of 11 July 1996 in Case T-146/95 Bernardi              wine, cotton and tobacco, and misinterpretation of the
v. Parliament, not yet published in the European Court                regulations . It also alleges that the Commission misused
Reports, seeking to have that judgment set aside, the other           its powers or exceeded the limits of its discretion.
party to the proceedings being the European Parliament
( Agent: Ezio Perillo, assisted by Denis Waelbroeck ) — the
Court ( First Chamber), composed of: L. Sevon, President              As regards the qualification made by the Commission, the
of the Chamber, D. A. O. Edward and M. Wathelet                       applicant alleges that the Commission was obliged to
( Rapporteur ), Judges; D. Ruiz-Jarabo Colomer, Advocate­             make immediate final payment of the corresponding
                                                                      financial correction with the clearance of the accounts for
General; R. Grass, Registrar, has made an order on
                                                                      1992 .
6 March 1997, in which it:
1 . dismisses the appeal;                                             H OJ No L 323 , 13 . 12 . 1996 , p . 26 .
2 . orders Mr Bernardi to pay the costs.
H OJ No C 40, 8 . 2 . 1997.
                                                                      Action brought on 11 February 1997 by the Italian
                                                                      Republic against the Commission of the European
                                                                                                 Communities
                                                                                              ( Case C-59/97 )
Action brought on 6 February 1997 by the Hellenic
                                                                                                ( 97/C 142/18
Republic against the Commission of the European
                           Communities
                        ( Case C-46/97 )
                                                                      An action against the Commission of the European
                          ( 97/C 142/17)                              Communities was brought before the Court of Justice of
                                                                      the European Communities on 11 February 1997 by the
                                                                      Italian Republic, represented by Gianni De Bellis, Avvoca­
An action against the Commission of the European                      to dello Stato, with an address for service in Luxembourg
Communities was brought before the Court of Justice of                at the Italian Embassy, 5 Rue Marie-Adelaide .
the European Communities on 6 February 1997 by the
Hellenic Republic, represented by Ioannis-Konstantinos
Khalkias, Member of the State Legal Service, and                      The applicant claims that the Court should:
Panagiotis Milonopoulos, Legal Adviser in the Special
Department for Community Legal Affairs, with an address
for service in Luxembourg at the Greek Embassy, 117 Val               — annul the decision of the Commission of 20 November
Sainte-Croix.                                                              1996 No C(96)3274 final in so far as it refuses to
                                                                           allow charging to the EAGGF of Lit 11 934 331 913
The applicant claims that the Court should:                                in the clearance of accounts submitted by the Italian
                                                                           Republic in respect of expenditure in 1992,
— annul Commission Decision E ( 96 ) 3274 of
    20 November 1996 amending Decision 96/31 1/EC on                  — order the defendant to pay the costs of proceedings .