CELEX: C1995/137/16
Language: en
Date: 1995-06-03 00:00:00
Title: Action brought on 1 July 1993 by Bremer Vulkan Verbund AG against the Commission of the European Communities (Case C-63/95)

3 . 6 . 95              EN                     Official Journal of the European Communities                                  No C 137/9
Action brought on 28 June 1993 by Hanseatische                            The pleas in law and main arguments were the subject of an
Industrie-Beteiligungen GmbH against the Commission of                    information notice in Official Journal No C 222 of
                 the European Communities                                 18 August 1993 , p. 10.
                           ( Case C-62/95 )
                             ( 95/C 137/15 )                              (!) OJ No L 144 , 16 . 6 . 1993 , p . 21 .
                                                                          ( 2 ) OJ No C 222 , 18 . 8 . 1993 , p . 8 .
The action brought by Hanseatische Industrie-Beteiligungen
GmbH against the Commission of the European
Communities ( Case C-335/93 ), which was referred to the
Court of First Instance by order of the Court of Justice of
27 September 1993 pursuant to Article 4 of Council
Decision 93/350/Euratom, ECSC, EEC of 8 June 1993                         Action brought on 10 March 1995 by the Italian Republic
amending Council Decision 88/591/ECSC, EEC, Euratom                           against the Commission of the European Communities
establishing a Court of First Instance of the European                                               ( Case C-69/95 )
Communities ( l ), became pending before the Court of                                                  ( 95/C 137/17 )
Justice on 8 March 1995 , following an order of the Court of
First Instance declining jurisdiction over the action, which
had been registered at the Court of First Instance as Case                An action against the Commission of the European
T-488/93 , and remitting it to the Court of Justice, so that               Communities was brought before the Court of Justice of the
that Court can rule on the present action together with Case               European Communities on 10 March 1995 by the Italian
 C-329/93 ( 2 ).                                                           Republic, represented by Umberto Leanza , acting as Agent,
                                                                           assisted by Oscar Fiumara, Avvocato dello Stato, with an
                                                                           address for service in Luxembourg at the Italian Embassy, 5
                                                                           Rue Marie-Adelaide .
The pleas in law and main arguments were the subject of an
 information notice in Official Journal No C 222 of
 18 August 1993 , p. 9 .                                                   The applicant claims that the Court should :
                                                                           — annul Commission Decision 94/ 871 /EC of 21 December
 (') OJ No L 144 , 16 . 6 . 1993 , p . 21 .                                      1994 on the clearance of the accounts presented by the
 ( 2 ) OJ No C 222 , 18 . 8 . 1993 , p . 8 .                                    Member States in respect of the expenditure for 1991 of
                                                                                the European Agricultural Guidance and Guarantee
                                                                                Fund ( EAGGF ) Guarantee Section, in so far as it holds
                                                                                the sum of Lit 103 161 493 560 presented for clearance
                                                                                 by the Italian Republic not chargeable to the
                                                                                 EAGGF,
                                                                           — order the Commission to pay the costs.
                                                                            Pleas in law and main arguments adduced in support:
 Action brought on 1 July 1993 by Bremer Vulkan Verbund
 AG against the Commission of the European                                  Infringement and misapplication of Articles 1 , 3 and 5 of
                                Communities                                 Council Regulation ( EEC ) No 729/70 ( x ), of Article 8 of
                             ( Case C-63/95 )                               Commission Regulation ( EEC ) No 1723/72 (2 ), and of the
                               ( 95/C 137/16 )
                                                                            rules governing the milk sector ( Article 4 of Council
                                                                            Regulation ( EEC ) No 857/84 ( 3 ) as amended ; Commission
                                                                            Regulation ( EEC ) No 1546/88 (4 )). Misuse of powers .
                                                                            Failure to state reasons : Italy has fully complied with
 The action brought by Bremer Vulkan Verbund AG against                     Community rules on the repurchase of quotas by
  the Commission of the European Communities ( Case                         suspending their reallocation, in full accordance with
  C-3 39/93 ), which was referred to the Court of First Instance            Community objectives, as a result of the extraordinary
  by order of the Court of Justice of 27 September 1993                     situation which the country is still facing. During 1991 , and
  pursuant to Article 4 of Council Decision 93/350/Euratom,                 thus coinciding with the time for the reallocation of
  ECSC, EEC of 8 June 1993 amending Council Decision                        repurchased quotas fixed by Community rules at 1 June
  88/591/ECSC, EEC, Euratom establishing a Court of First                   1991 , a major discrepancy began to appear between actual
  Instance of the European Communities (*), became pending                  milk production and the national guaranteed quantity.
  before the Court of Justice on 8 March 1995 , following an                Then in February 1992, when the scale of the problem had
  order of the Court of First Instance declining jurisdiction               become clearer, Italy informed the Commission of the
  over the action, which had been registered at the Court of                situation, thereby initiating negotiations for an increase in
  First Instance as Case T-490/93 , and remitting it to the                 its overall reference quantity (which has recently been
  Court of Justice, so that that Court can rule on the present              granted with limited retroactive effect). In December 1992,
  action together with Case C-329/93 ( 2 ).                                 when the Council of EEC Agriculture Ministers reached a