CELEX: C1996/046/19
Language: en
Date: 1996-02-17 00:00:00
Title: Action brought on 22 December 1995 by the Kingdom of Belgium against the Commission of the European Communities (Case C-407/95)

17 . 2 . 96               EN                    Official Journal of the European Communities                                        No C 46/ 11
4 . According to the decision, GSM radiotelephony services                 Commerce ( Commercial Court), Paris, ( First Chamber A ) of
       ' should . . . probably be regarded as also constituting a          27 November 1995 , received at the Court Registry on
       market separate from the market for analogue mobile                 29 December 1995 , for a preliminary ruling in the case of
       telephony'. In the view of the Italian Government, that             Eurotunnel SA, France Manche SA, Eurotunnel PLC and
       conclusion is mistaken and, in any event, insufficiently            The Channel Tunnel Group Limited v. SA SNAT Nouvelle
       substantiated .                                                     d'Armement Transmanche — Voluntary interveners :
                                                                           International Duty Free Confederation , Airport Operators
5 . The contested decision is vitiated by errors of assessment             Association Limited, Cie Maritime Bretagne Angleterre
       and a defective statement of reasons .
                                                                           Irlande and Passenger Shipping Association Limited — on
                                                                           the following questions :
0 ) OJ No L 280 , 23 . 11 . 1995 , p . 49 .
                                                                           1 . Given the fact that Eurotunnel did not bring an action
                                                                                  pursuant to Article 173 for the annulment of those parts
                                                                                  of Council Directives 91 /680/EEC and 92/ 12/EEC
                                                                                  relating to taxation (VAT and excise duty ) on
Action brought on 22 December 1995 by the Kingdom of                              cross-channel links ( J ) and that an application brought
Belgium against the Commission of the European                                    by Eurotunnel in the High Court of Justice was
                               Communities
                                                                                  dismissed by decision of 17 February 1995 , will an
                           ( Case C-407/95 )                                      application for their annulment brought by Eurotunnel
                               ( 96/C 46/ 19 )                                    lie pursuant to Article 177 of the Treaty ?
An action against the Commission of the European                           2 . If so, did the Chamber adopt those directives
Communities was brought before the Court of Justice of the                        lawfully ?
European Communities on 22 December 1995 by the
Kingdom of Belgium, represented by J. Devadder, Director                          In the alternative, does Directive 94/4/EC ( 2 ) cover a
of Administration in the Ministry of Foreign Affairs,                             possible annulment of those two directives ?
Foreign Trade and Development Aid, with an address for
service in Luxembourg at the Belgian Embassy, 4 Rue des                    3 . In the event of annulment, must the fact that SA SNAT
Girondins .                                                                       — Nouvelle d'Armement Transmanche — applied the
                                                                                  fiscal laws adopted pursuant to those directives be
The applicant claims that the Court should :                                      imputed to it as a fault ? If so, as from what date was the
                                                                                  fault committed ?
annul Commission Regulation ( EC ) No 2358/95 on the
exceptional allocation of a quantity additional to the tariff               ( J ) Council Directive 91 /680/EEC, Article 1 ( 22 ) ( Article 28k of
quota for imports of bananas during the fourth quarter of                         Directive 77/388/EEC ) ( OJ 1991 L 376 , pp . 1 and 17 ); Council
 1995 as a result of tropical storms Iris, Luis and Marilyn ( 1 ),                Directive 92/ 12/EEC, Article 28 ( OJ 1992 L 76 , pp . 1 and
and order the Commission to pay the costs .                                       12 ).
                                                                            ( 2 ) Council Directive 94/4/EC ( OJ 1994 L 60, p . 14 ).
Pleas in law and main arguments
The pleas in law and main arguments are the same as those
 invoked against Regulation ( EC ) No 2791 /94 in Case
 C-9/95 ( 2 ).
 (') OJ No L 241 , 10 . 10 . 1995 , p . 5 .
                                                                            Reference for a preliminary ruling from the
 ( 2 ) OJ No C 54, 4 . 3 . 1995 , p . 9 .                                   Verwaltungsgericht Gelsenkirchen by order of that court of
                                                                            21 December 1995 in the case of Hellmut Marschall v. Land
                                                                                                    Nordrhein-Westfalen
                                                                                                     ( Case C-409/95 )
                                                                                                        ( 96/C 46/21 )
 Reference for a preliminary ruling from the Tribunal de
 Commerce de Paris ( First Chamber A) by judgment of that
 court of 27 November 1995 in the case of Eurotunnel SA,                     Reference has been made to the Court of Justice of the
 France Manche SA, Eurotunnel PLC and the Channel                            European Communities by an order of the First Chamber of
 Tunnel Group Limited v. SA SNAT Nouvelle d'Armement                         the Verwaltungsgericht Gelsenkirchen ( Gelsenkirchen
                                                                             Administrative Court) of 21 December 1995 , which was
 Transmanche — Voluntary interveners: International Duty
 Free Confederation, Airport Operators Association                           received at the Court Registry on 29 December 1995 , for a
 Limited, Cie Maritime Bretagne Angleterre Irlande and                       preliminary ruling in the case of Hellmut Marschall v. Land
              Passenger Shipping Association Limited                         Nordrhein-Westfalen on the following question:
                             ( Case C-408/95 )                               Does Article 2(1 ) and ( 4 ) of Council Directive 76/207/EEC
                                 ( 96/C 46/20 )                              of 9 February 1976 on the implementation of the principle
                                                                             of equal treatment for men and women as regards access to
  Reference has been made to the Court of Justice of the                     employment, vocational training and promotion, and
  European Communities by judgment of the Tribunal de                        working conditions ( ] ) preclude a rule of national law under