CELEX: C1995/087/11
Language: en
Date: 1995-04-08 00:00:00
Title: Reference for a preliminary ruling by the Tribunal de Police, La Rochelle, by decision of that court of 31 January 1995 in the case of Ministère Public v. Pierre Goupil (Case C-39/95)

No C 87/6             EN                 Official Journal of the European Communities                                      8 . 4 . 95
 The appellants claim that the Court should :                        scope of Council Regulation ( EEC) No 3821/85 of
                                                                     20 December 1985 on recording equipment in road
 1 . set aside paragraphs 2 and 3 of the operative part of the       transport (2), vehicles belonging to private companies
      judgment of the Court of First Instance ( x );                 engaged in the collection and treatment of waste which
                                                                     transport waste skips or industrial waste, including cases
 2 . refer the case back to the Court of First Instance for          where such transport is effected over long distances ?
      examination of the fourth plea in law relied upon by the
      appellants in Case T-450/93 ;                                  (!) OJ No L 370, 31 . 12 . 1985 , p. 1 .
                                                                     (2 ) OJ No L 370, 31 . 12 . 1985 , p. 8 .
 3 . reserve the costs.
 Pleas in law and main arguments adduced in support:
Infringement of Community law:
                                                                     Action brought on 17 February 1995 by the Council of the
— The condition laid down by the Court of First Instance in                European Union against the European Parliament
     the judgment appealed against, namely that the                                            (Case C-41/95 )
     Commission should previously have consulted the                                            ( 95/C 87/12 )
     appellants in the present case, modifies the system in
     force concerning the administration of the European
     Social Fund ( ESF) as provided for in Council Regulation        An action against the European Parliament was brought
     (EEC) No 2950/83 (2 ). The ESF deals only with the              before the Court ofJustice of the European Communities on
     Member State. The appellants' contacts are directly with        17 February 1995 by the Council of the European Union,
     the Member State concerned. Consequently, the                   represented by Jean-Paul Jacque, Felix Van Craeyenest and
     Commission, in accordance with the regulation, is               Yves Cretien, acting as Agents, with an address for service in
     required to consult only the Member State prior to the          Luxembourg at the office of Bruno Eynard, European
   . adoption of a definitive decision to reduce assistance .        Investment Bank, 100 Boulevard Konrad Adenauer.
     The condition laid down by the Court of First Instance is
     also contrary to the principle of subsidiarity.                 The applicant claims that the Court should:
— As regards the finding that the reasons stated were                1 . annul the act of the President of the European
     insufficient, the Court of First Instance has not taken               Parliament of 15 December 1994 declaring the final
     into account the appellants' prior awareness of the                   adoption of the budget for the financial year
     background to the Commission's justified doubts and                   1995 (!);
     suspicions that they had not complied with the
     conditions for the grant of the disputed decision.              2. consequently, declare that budget, as adopted by the
                                                                           European Parliament on the same day, invalid;
(*) Judgment of 6 December 1994, in Case T-450/93 .
(2 ) OJ No L 289, 22 . 10 . 1983 .                                   3 . state that the acts implementing the budget which have
                                                                           been adopted up until the date when judgment is
                                                                           delivered are retained in their entirety;
                                                                    4. order the European Parliament to pay the costs .
                                                                    Pleas in law and main arguments adduced in support:
Reference for a preliminary ruling by the Tribunal de Police,
La Rochelle, by decision of that court of 31 January 1995 in
         the case of Ministere Public v. Pierre Goupil              — Infringement of Article 203 of the EC Treaty: the
                                                                          Parliament adopted 'amendments' relating to budget
                        (Case C-39/95 )                                   headings classified as compulsory expenditure, namely
                           (95/C 87/11 )                                  certain items of agricultural guarantee expenditure. In so
                                                                          doing, it compromised the division of powers between
                                                                          the two arms of the budgetary authority arising by virtue
Reference has been made to the Court of Justice of the                    of Article 203 (4), (5 ) and ( 6 ) of the EC Treaty.
European Communities by a decision of the Tribunal de
Police (Local Criminal Court), La Rochelle, of 31 January
                                                                    — Breach of the undertakings agreed to by the European
1995 , which was received at the Court Registry on                        Parliament in the context of the Joint Declaration of
17 February 1995 , for a preliminary ruling in the case of                30 June 1982 on various measures to improve the
Ministere Public (Public Prosecutor's Office ) v. Pierre
                                                                          budgetary procedure (2) and the Interinstitutional
Goupil on the following question:                                         Agreement of 29 October 1993 on budgetary discipline
                                                                          and improvement of the budgetary procedure ( 3), and
Does Article 4 of Council Regulation (EEC ) No 3820/85 of                 consequently of the institutions' duty to cooperate in a
20 December 1985 on the harmonization of certain social                   straightforward manner with each other: by proceeding
legislation relating to road transport ( x ), exempt from the             to classify existing headings in the budget, and by laying