CELEX: C1996/210/23
Language: en
Date: 1996-07-20 00:00:00
Title: Reference for a preliminary ruling by the Pretura Circondariale di Roma, Tivoli Division, by order of that court of 20 March 1996 in the criminal proceedings against Rosalinda Marchionne (Case C-189/96)

No C 210/ 10            EN                   Official Journal of the European Communities                                   20 . 7 . 96
nevertheless they may not create obstacles to the exercise of               evidence, that he had had advance knowledge of the
the fundamental freedoms derived from the Treaty.                           model answers to the accounting and possibly the
                                                                            auditing questions, or of both the model answers and the
Lastly, in the Commission's view the present case does not                  questions themselves; the principles that no one may be
concern access to posts within the public administration but                obliged to incriminate himself cannot be relied on to
rather compliance with the principles of freedom of                         justify a total failure to cooperate in establishing the
movement and equal treatment in relation to conditions of                   truth,
employment and , consequently, it does not fall within the
exception of Article 48 ( 4 ).                                          — its assessment of the standard of proof required in order
                                                                            to establish a disciplinary offence : the contested
(') Official Journal , English Special Edition 1968 II, p . 475 .
                                                                            judgment in effect denies the disciplinary authorities the
                                                                            possibility of establishing a fact on the basis of a
                                                                            consistent body of relevant evidence obtained after a
                                                                            rigorously conducted disciplinary inquiry .
                                                                        (') OJ No C 133 , 1 . 5 . 1996 , p . 22 .
Appeal brought on 3 June 1996 by the Commission of the
European Communities against the judgment delivered on
28 March 1996 by the Fifth Chamber of the Court of First
Instance of the European Communities in Case T-40/95
between Philippe Guebels and the Commission of the                      Reference for a preliminary ruling by the Pretura
                     European Communities                               Circondariale di Roma, Tivoli Division, by order of that
                        ( Case C-188/96 P                               court of 20 March 1996 in the criminal proceedings against
                                                                                           Rosalinda Marchionne
                           ( 96/C 210/22 )
                                                                                                 ( Case C-189/96 )
                                                                                                   ( 96/C 210/23 )
An appeal against the judgment delivered on 28 March 199 6
by the Fifth Chamber of the Court of First Instance of the
European Communities in Case T-40/95 between Philippe                   Reference has been made to the Court of Justice of the
Guebels and the Commission of the European Communities                  European Communities by an order of the Pretura
was brought before the Court of Justice of the European                 Circondariale di Roma ( Rome District Magistrates ' Court ),
Communities on 3 June 1996 by the Commission of the                     Tivoli Division, of 20 March 1996 , which was received at
European Communities, represented by A. M. Alves Vieira                 the Court Registry on 3 June 1996 , for a preliminary ruling
and D. Waelbroeck , with an address for service in                      in the criminal proceedings against Rosalinda Marchionne
Luxembourg at the office of C. Gomez de la Cruz, of its                 on questions which are the same as those in Joined Cases
Legal Service, Wagner Centre .                                          C-58/95 and others ( M.
                                                                        (') OJ No C 119 , 13 . 5 . 1995 , p . 6 .
The appellant claims that the Court should :
— set aside the judgment delivered on 28 March 1996 by
    the Fifth Chamber of the Court of First Instance in Case
    T-40/95 ('), Philippe Guebels v. Commission of the
    European Communities, and
                                                                        Reference for a preliminary ruling by the Pretura
                                                                        Circondariale di Roma, Tivoli Division, by order of that
— make an appropriate ruling as to costs .                              court of 3 April 1996 in the criminal proceedings against
                                                                                                   Amerigo Alari
Pleas in law and main arguments                                                                  ( Case C-190/96 )
                                                                                                    ( 96/C 210/24 )
Breach of Community law in that the contested judgment
errs in :
                                                                        Reference has been made to the Court of Justice of the
— its interpretation of the scope of the obligation to state            European Communities by an order of the Pretura
    reasons ,
                                                                        Circondariale di Roma ( Rome District Magistrates ' Court ),
                                                                        Tivoli Division, of 3 April 1996 , which was received at the
                                                                        Court Registry on 3 June 1996 , for a preliminary ruling in
— its legal assessment of the factors regarded by the
                                                                        the criminal proceedings against Amerigo Alari on questions
    appointing authority as aggravating by considering that
                                                                        which are the same as those in Joined Cases C-58/95 and
    they did not justify the adoption of a disciplinary                 others ( M.
    measure more severe than that recommended by the
    Disciplinary Board : the Court of First Instance was
    wrong in not considering the applicant's attitude to be             (>) OJ No C 119 , 13 . 5 . 1995 , p . 6 .
    an aggravating factor when, instead of producing a
    plausible defence, he merely denied , against all the