CELEX: C1995/208/01
Language: en
Date: 1995-08-12 00:00:00
Title: References for a preliminary ruling from the Pretura Circondariale di Torino by orders of that court of 10 March 1995 and 18 April 1995 in criminal proceedings pending before that court against unidentified persons (Cases C-74/95 and C-129/95)

12 . 8 . 95            EN                  Official Journal of the European Communities                                  No C 208/ 1
                                                                   I
                                                            (Information)
                                               COURT OF JUSTICE
                                                         COURT OF JUSTICE
References for a preliminary ruling from the Pretura                  Agricoltori della Provincia di Rovigo, Cirillo Brena,
Circondariale di Torino by orders of that court of 10 March           Associazione Polesana Coltivatori Diretti di Rovigo and
1995 and 18 April 1995 in criminal proceedings pending                Consorzio Cooperative Pescatori del Polesine, represented
        before that court against unidentified persons                by Yvone Cacciavillani , with an address for service in
                ( Cases C-74/95 and C-129/95 )                        Luxembourg at the Chambers of Alain Lorang, 51 Rue
                                                                      Albert l er, against the order of the Court of First Instance of
                          ( 95/C 208/01 )
                                                                      the European Communities of 21 February 1995 in Case
                                                                      T-l 17/94 against the Commission of the European
Reference has been made to the Court of Justice of the                Communities .
European Communities by orders of the Pretura
Circondariale ( District Magistrate's Court ), Turin, of
10 March 1995 and 18 April 1995 , which were received at              The appellants claims that the Court should :
the Court Registry on, respectively, 30 March 1995 and
20 April 1995 , for a preliminary ruling in the criminal              ( a ) annul the order of the Court of First Instance of
proceedings pending before that court against unidentified                  21 February 1995 in Case T-l 17/94 ( 1 ), which declared
persons on a question concerning the interpretation of                      inadmissible the appellant's action under Article 173 of
Council Directive 90/270/EEC (') on the minimum safety                      the EC Treaty;
and health requirements for work with display screen
equipment and, in particular, of Article 2 ( c ), Article 9(1 )       ( b ) declare the action admissible:
and ( 2 ), Article 4 and Article 5 in conjunction with
Article 2 ( b ) and (c ), and of Article 4 and Article 5 in           (c ) reimburse the appellant's costs , as provided for by
conjunction with Sections 2 and 3 of the Annex to the                       law .
Directive .
                                                                      Pleas in law and main arguments adduced in support:
(M OJ No L 156 , 29 . 5 . 1990 , p . 14 .
                                                                      The appellants allege error of law, infringement of the
                                                                      second paragraph of Article 173 of the EC Treaty, and error
                                                                      in the premise that the conditions for an action were not
                                                                      met. By its contested decision, the Commission of the
Appeal by the Associazione Agricoltori della Provincia di             European Communities financed a programme of actions
Rovigo, Cirillo Brena, Associazione Polesana Coltivatori              instrumental in creating a Po Delta park . Such measures,
Diretti di Rovigo and Consorzio Cooperative Pescatori del             which affected only the delta and were expressly aimed at
Polesine against the order of the Court of First Instance of          preserving its habitat in anticipation of the future park,
the European Communities of 21 February 1995 in Case                  required that agricultural interests, or at least the
T-l 17/94 , Associazione Agricoltori della Provincia di               organizations most representative of such interests, should
                                                                      be consulted .
Rovigo, Consorzio Cooperative Pescatori del Polesine,
Cirillo Brena, Mauro Girello and Greguoldo Daniele
  against the Commission of the European Communities                  Although there is no specific provision expressly requiring
                                                                      the state to consult the economic and social interests
                       ( Case C-142/ 95 P )                           concerned , there can nevertheless be no doubt as to the
                          ( 95 /C 208/02 )                            existence of qualities which are peculiar to them or of
                                                                      factual situations which differentiate them from all other
An appeal was brought before the Court of Justice of the              persons, sufficient to confer an interest in bringing an action
European Communities on 4 May 1 995 by the Associazione               under Article 173 of the EC Treaty.