CELEX: C1995/137/18
Language: en
Date: 1995-06-03 00:00:00
Title: Appeal brought on 14 March 1995 by VIHO Europe BV against the judgment delivered on 12 January 1995 by the First Chamber of the Court of First Instance of the European Communities in Case T-102/92 between VIHO Europe BV and Commission of the European Communities, supported by Parker Pen Ltd (Case C-73/95 P)

No C 137/ 10              EN                    Official Journal of the European Communities                                      3 . 6 . 95
first compromise on Italy's request for a quota increase, it               Pleas in law and main arguments adduced in support:
was decided to finance a programme of abandoning
production to allow Italy to reduce its national production.               The appellant claims that substantive law was infringed
It appears strange, and symptomatic of a manifest misuse of                when Article 85 was applied ( maintenance and partitioning
powers, that the Commission should now censure Italy for                   of the various national markets by Parker Pen Ltd's policy of
not reallocating the quotas purchased for the purposes of                  referring enquiries to local subsidiaries; unequal treatment
Regulation ( EEC ) No 857/84 , while at the same time the                  of VIHO with regard to prices and conditions of sale ).
Council decided upon Community financing to reduce
Italian production. In the circumstances, the reallocation of
the 164 100 tonnes repurchased for the purposes of                         (») OJ No C 54 , 4 . 3 . 1995 , p . 15 .
Regulation ( EEC ) No 857/84 would clearly have led to a
worsening of the situation . Italy therefore preferred to
suspend the reallocation, which was in contradiction with
actual Community requirements .
(')  OJ No L  94 , 28 . 4 . 1970 , p. 13 .
(2 ) OJ No L  186 , 16 . 8 . 1972 , p. 1 .                                 Action brought on 20 March 1995 by the Commission of
(;)  OJ No L  90 , 1 . 4 . 1984 , p. 13 .                                  the European Communities against the Hellenic Republic
(4 ) OJ No L  139 , 4 . 6 . 1988 , p. 12 .
                                                                                                     ( Case C-82/95 )
                                                                                                       ( 95/C 137/19 )
                                                                           An action against the Hellenic Republic was brought before
                                                                           the Court of Justice of the European Communities on
                                                                           20 March 1995 by the Commission of the European
                                                                           Communities, represented by Dimitrios Gouloussis, Legal
                                                                           Adviser of the Commission, with an address for service in
                                                                           Luxembourg at the office of Georgios Kremlis, of the
Appeal brought on 14 March 1995 by VIHO Europe BV                          Commission 's Legal Service, Wagner Centre, Kirchberg.
against the judgment delivered on 12 January 1995 by the
First Chamber of the Court of First Instance of the European
Communities in Case T-102/92 between VIHO Europe BV                        The applicant claims that the Court should :
and Commission of the European Communities, supported
                          by Parker Pen Ltd                                1 . declare that the Hellenic Republic has failed to fulfil its
                           ( Case C-73/95 P)                                    obligations under the EEC Treaty because it omitted to
                              ( 95 /C 137/ 18 )                                 bring into force and to communicate to the Commission
                                                                               within the requisite time limit the laws , regulations and
                                                                                administrative provisions necessary to comply with
                                                                                Council Directive 91 /308/EEC of 10 June 1991 on
An appeal against the judgment delivered on 12 January                         prevention of the use of the financial system for the
1995 by the First Chamber of the Court of First Instance of                     purpose of money laundering ( ! );
the European Communities in Case T-102/92 between
VIHO Europe BV and the Commission of the European
Communities, supported by Parker Pen Ltd , was brought                     2 . order the Hellenic Republic to pay the costs .
before the Court of Justice of the European Communities on
14 March 1995 by VIHO Europe BV, Maastricht                                Pleas in law and main arguments adduced in support:
(Netherlands ), represented by Gleiss Lutz Hootz Hirsch und
Partner, Rechtsanwalte, Stuttgart, with an address for
service in Luxembourg at the Chambers of Marc Loesch, 1 1                  Article 16 of Directive 91 /308/EEC provides that the
rue Goethe, L-1637 Luxembourg.                                             Member States are to bring into force the laws , regulations
                                                                           and administrative decisions necessary to comply with the
                                                                           Directive before 1 January 1993 and that they are forthwith
                                                                           to notify the Commission thereof.
The appellant claims that the Court should :
                                                                           Having received no communication from the Greek
1 . annul the Commission decision of 30 September 1992                     Government concerning measures adopted in order to
     and set aside the judgment of the Court of First Instance             incorporate the abovementioned Directive into the Greek
     of 12 January 1995 (T-102/92 ) f 1 );                                 legal order, the Commission on 12 March 1993 addressed
                                                                           to the Government in question a formal letter before action.
                                                                           Since the Greek Government did not reply to that letter, the
2.   order the Commission to bear the costs of the                         Commission on 4 July 1994 issued a reasoned opinion
     proceedings , including those incurred by the intervenor,             giving the Greek Government a period of two months
     Parker Pen Ltd .                                                      within which to comply with the Directive .