CELEX: C1996/180/33
Language: en
Date: 1996-06-22 00:00:00
Title: ORDER OF THE COURT of 14 March 1996 in Case C-31/95 P: Sergio Del Plato v. Commission of the European Communities (Official - Appeal manifestly inadmissible - Lack of pleas in law)

No C 180/ 16               EN                 Official Journal of the European Communities                                    22 . 6 . 96
                 JUDGMENT OF THE COURT                                   Republic (Agents : Ioanna Galani-Maragkoudaki and
                             (Fifth Chamber )                            Dimitra Tsagkaraki ) — application for a declaration that,
                                                                         by failing to adopt or to communicate to the Commission
                             of 2 May 1996                               within the prescribed period the necessary laws, regulations
in Case C-253/95 : Commission of the European                            and administrative provisions to comply with Council
        Communities v. Federal Republic of Germany                       Directive 92/50/EEC of 18 June 1992 relating to the
(Failure of a Member State to fulfil its obligations —                   coordination of procedures for the award of public service
                         Directive 92/50/EEC)                            contracts ( OJ No L 209, 1992, p. 1 ), the Hellenic Republic
                                                                         has failed to fulfil its obligations under the EC Treaty — the
                                96/C 180/31 )                            Court ( Fifth Chamber), composed of D. A. O. Edward,
                  (Language of the case: German)                         President of the Chamber, J. -P. Puissochet, P. Jann
                                                                         ( Rapporteur ), L. Sevon and M. Wathelet, Judges; C. O.
(Provisional translation; the definitive translation will be             Lenz, Advocate-General ; R. Grass, Registrar, has given a
            published in the European Court Reports)                     judgment on 2 May 1 996 , in which it:
In Case C-253/95 : the Commission of the European
Communities ( Agent: Claudia Schmidt ) v. the Federal
Republic of Germany ( Agents: Ernst Rôder and Bernd                      1 . Declares that, by failing to adopt within the prescribed­
Kloke ) — application for a declaration that, by failing to                  period the necessary laws, regulations and
                                                                             administrative provisions to comply with Council
adopt the laws, regulations and administrative provisions
needed in order to comply with Council Directive                             Directive 92/50/EEC of 18 June 1992 relating to the
92/50/EEC of 18 June 1992 relating to the coordination of                    coordination of procedures for the award of public
                                                                             service contracts, the Hellenic Republic has failed to
procedures for the award of public service contracts ( OJ No
                                                                             fulfil its obligations under Article 44 (1 ) of that
L 209, 1992 , p . 1 ) and, in the alternative, by failing to                 Directive .
inform the Commission forthwith of the measures taken,
the Federal Republic of Germany has failed to fulfil its
obligations under the third paragraph of Article 189 of the
EC Treaty in conjunction with Article 44 ( 1 ) of that                   2 . Orders the Hellenic Republic to pay the costs.
Directive — the Court ( Fifth Chamber), composed of
D. A. O. Edward, President of the Chamber, J. -P.
                                                                         (') OJ No C 315 , 25 . 11 . 1995 .
Puissochet, P. Jann ( Rapporteur ), L. Sevôn and M.
Wathelet, Judges; A. La Pergola, Advocate-General; R.
Grass, Registrar, gave a judgment on 2 May 1996, in which
it :
1 . Declares that, by failing to adopt, within the prescribed
       period, the laws, regulations and administrative
       provisions needed in order to comply with Council
       Directive 92/50/EEC of 18 June 1992 relating to the
       coordination of procedures for the award of public
                                                                                           ORDER OF THE COURT
       service contracts, the Federal Republic of Germany has
       failed to fulfil its obligations under Article 44 (1 ) of that                            of 14 March 1996
       Directive.
                                                                         in Case C-31/95 P: Sergio Del Plato v. Commission of the
2 . Orders the Federal Republic of Germany to pay the                                      European Communities C )
       costs .                                                           (Official — Appeal manifestly inadmissible — Lack ofpleas
                                                                                                       in law)
0 ) OJ No C 248 , 23 . 9 . 1995 .
                                                                                                   ( 96/C 180/33 )
                 JUDGMENT OF THE COURT                                                   (Language of the case: Italian)
                            (Fifth Chamber)
                             of 2 May 1996
                                                                         (Provisional translation; the definitive translation will be
in      Case    C-311/95 : Commission of the             European                 published in the European Court Reports)
               Communities v. Hellenic Republic (*)
     (Failure to fulfil obligations — Directive 92/50/EEC)
                              ( 96/C 180/32 )                            In Case C-31/95 P : Sergio Del Plato ( Represented by: Luigi
                                                                         Bonomi ) — appeal against the order of the Court of First
                   (Language of the case: Greek)                         Instance of the European Communities ( First Chamber ) of
                                                                         7   December     1994     in   Case  T-242/94   Del  Plato    v.
(Provisional translation; the definitive translation will be
            published in the European Court Reports)                     Commission [ 1994] ECR-SC 11-961 , seeking to have that
                                                                         order set aside, the other party to the proceedings being the
In Case C-311 /95 : Commission of the European                           Commission of the European Communities ( Agent:
Communities (Agent: Dimitrios Gouloussis ) v. Hellenic                   Gianluigi Valsesia ) — the Court ( Second Chamber ),
 ---pagebreak---   22. 6 . 96          I EN I                Official Journal of the European Communities                                No C 180/17
  composed of G. Hirsch ( Rapporteur ), President of the               2 . The appellant shall bear the costs.
  Chamber, G. F. Mancini and F. A. Schockweiler, Judges; N.
  Fennelly, Advocate-General; R. Grass, Registrar, made an
  order on 14 March 1996 , the operative part of which is as           (!) OJ No C 159 , 24 . 6 . 1995
  follows :
  1 . The appeal is dismissed as manifestly inadmissible.
  2 . Mr Del Plato is ordered to pay the costs of these
        proceedings.
                                                                                           ORDER OF THE COURT
  0 ) OJ No C 87, 8 . 4 . 1995 .                                                               of 25 March 1996
                                                                       in Case C-137/95 P: Vereniging van Samenwerkende
                                                                       Prijsregelende Organisaties in de Bouwnijverheid and
                                                                         Others v. Commission of the European Communities ( 1 )
                                                                        (Appeal — Competition — Decisions of associations of
                                                                        undertakings — Exemption — Appraisal of the gravity of
                                                                             the infringements — Appeal manifestly unfounded)
                                                                                                  ( 96/C 180/35 )
                    ORDER OF THE COURT
                         ( Fourth Chamber)
                                                                                          (Language of the case: Dutch)
                          of 24 April 1996
  in Case C-87/95 P: Cassa Nazionale di Previdenza ed
  Assistenza a favore degli Avvocati e Procuratori ( CNPAAP)            (Provisional translation; the definitive translation will be
               v. Council of the European Union ( ! )                             published in the European Court Reports)
   (Action for annulment — Regulation (EC) No 3604/93
   specifying definitions for the application of the prohibition
   ofprivileged access referred to in Article 104a ofthe Treaty         In Case C-137/95 P : Vereniging van Samenwerkende
          — Admissibility — Appeal clearly unfounded)                   Prijsregelende Organisaties in de Bouwnijverheid and
                            ( 96/C 180/34 )                             Others ( represented by L. H. van Lennep and E. H. Pijnacker
                                                                        Hordijk ) — appeal against the judgment of the Court of
                                                                        First Instance of the European Communities of 21 February
                   (Language of the case: Italian)                      1995 , Case T-29/92 SPO and Others v. Commission [ 1995 ]
                                                                        ECR 11-289 , seeking to have that judgment set aside, the
                                                                        other party to the proceedings being the Commission of the
   (Provisional translation; the definitive translation will be         European Communities ( Agent: B. J. Drijber, assisted by P.
            published in the European Court Reports)                    Glazener, Avocat) — the Court, composed of G. C.
                                                                        Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.
                                                                        Edward, J. -P. Puissochet and G. Hirsch ( Presidents of
   In Case C-87/95 P : Cassa Nazionale di Previdenza ed                 Chambers ), G. F. Mancini, F. A. Schockweiler, J. C.
   Assistenza a favore degli Avvocati e Procuratori ( CNPAAP )          Moitinho de Almeida, P. J. G. Kapteyn, C. Gulmann, J. L.
   ( represented by Pietro Adonino, Mario Sanino, Maurizio de           Murray, P. Jann ( Rapporteur ), H. Ragnemalm, L. Sevón
   Stefano and Alberto Colabianchi ) — appeal against the               and M. Wathelet, Judges; M. B. Elmer, Advocate-General;
   order of the Court of First Instance of the European                 R. Grass, Registrar, made an order on 25 March 1996 , the
   Communities (Third Chamber ) of 11 January 1995 in Case              operative part of which is as follows :
   T-l 16/94 Cassa Nazionale di Previdenza ed Assistenza a
   favore degli Avvocati e Procuratori v. Council of the
   European Union [ 1995 ] ECR II- 1 , seeking to have that              1 . The appeal is dismissed.
   order set aside, the other party to the proceedings being
   Council of the European Union ( Agents: Rüdiger Bandilla
   and Antonio Lucidi ) — the Court ( Fourth Chamber ),                  1 . The applicants are ordered, jointly and severally, to pay
„ composed of C. N. Kakouris, President of the Chamber, P. J.                 the costs .
   G. Kapteyn and J. L. Murray ( Rapporteur), Judges; A. La
   Pergola, Advocate-General; R. Grass, Registrar, made an
   order on 24 April 1996 , the operative part of which is as            (<) OJ No C 189 , 22 . 7 . 1995 .
   follows :
    1 . The appeal is dismissed.