CELEX: C1995/208/19
Language: en
Date: 1995-08-12 00:00:00
Title: Reference for a preliminary ruling by Consiglio di Stato by order of that court of 11 April 1995 in the case of (1) Ebony Maritime SA and (2) Loten Navigation Company Ltd v. Prefetto della Provincia de Brindisi and Others (Case C-177/95)

No C 208/10            EN                  Official Journal of the European Communities                                       12 . 8 . 95
                judge, R. Schintgen, to whom objection had            interpreted as meaning that only actual entry into the
                already been repeatedly made,                         territorial waters of the Federal Republic of Yugoslavia by a
                                                                      ship or other means of transport carrying goods intended for
          ( C ) the objection to Judge R. Schintgen ( Protocol        commercial traffic in the said territorial waters constitutes a
                on the Statute of the Court of Justice of the         breach of the prohibition laid down therein, or do those
                EEC, Article 4, second paragraph, Article 16,         legislative provisions also cover conduct occurring in
                first paragraph, and Article 44 ); lack of            international waters which, because of the specific way in
                impartiality of that judge in any event,              which it is conceived and put into effect, gives good reason
                irrespective of whether the grounds for               to believe that the ship or other means of transport is on
                objection are well founded .                          course for the said territorial waters for the purposes of
                                                                      commercial traffic ?
III. Infringement of Community law and of Article 6 of the
      European Convention on Human Rights and on the                  Question 2 : Do Article 1 ( d ) of the Decision and Article 1 ( d )
      protection of computer data (sic), in that the contested        of the Regulation mentioned above, in so far as they prohibit
      judgment:                                                       any activity the object or effect of which is, directly or
                                                                      indirectly, to promote the transactions mentioned in
      — infringes the rights of the defence,                          Article 1 (c ), include within their scope navigation in
                                                                      international waters by a ship or other means of transport
      — takes no account of the fact that a national court            carrying goods presumably intended for commercial traffic
          has no power to make the Court of Justice party to          in the territorial waters of the Federal Republic of
          proceedings,                                                Yugoslavia ?
      — wrongly declares a number of conditional pre-trial            Question 3 : Is a domestic provision which expressly
          orders, existing only in foreign law, to be effective       prescribes, in the event of breach of any of the prohibitions
          in Community law,                                           contained in the abovementioned Article 1 being
                                                                      ascertained , confiscation — either compulsory or
                                                                      discretionary — of the cargo carried by any of the means of
      — wrongly upheld the flagrant breaches of Article 24            transport indicated in the second paragraph of Article 10 of
          of the Staff Regulations of Officials by the
          Personnel Division of the Court, which failed to            the abovementioned Community Decision and Regulation
          provide its own officials, in this case the appellant,
                                                                      compatible with Community legislation, in particular the
                                                                      first and second paragraphs of the said Article 10 ?
          with the assistance it was expressly obliged to
          provide by the Staff Regulations .
                                                                      I 1 ) OJ No L 102 , 28 . 4 . 1993 , p . 17 .
                                                                      ( 2 ) OJ No L 102 , 28 . 4 . 1993 , p . 14 .
Reference for a preliminary ruling by Consiglio di Stato by
order of that court of 11 April 1995 in the case of ( 1 ) Ebony
Maritime SA and (2 ) Loten Navigation Company Ltd v.                  Action brought on 9 June 1995 by the Kingdom of Spain
       Prefetto della Provincia de Brindisi and Others                          against the Council of the European Union
                                                                                                ( Case C-l 79/95 )
                        ( Case C-177/95 )
                                                                                                   95/C 208/20 )
                          ( 95/C 208/19 )
                                                                      An action against the Council of the European Union was
Reference has been made to the Court of Justice of the
                                                                      brought before the Court of Justice of the European
European Communities by an order of the Consiglio di                  Communities on 9 June 1995 by the Kingdom of Spain,
Stato ( Council of State ) of 11 April 1995 , which was
                                                                      represented by Alberto Navarro Gonzalez, Director General
received at the Court Registry on 6 June 1995 , for a                 for Community Legal and Institutional Coordination, and
preliminary ruling in the case of ( 1 ) Ebony Maritime SA and         by Rosario Silva de Lapuerta, Abogado del Estado, acting as
( 2 ) Loten Navigation Company Ltd v. Prefetto della
Provincia de Brindisi and Others on the following
                                                                      Agents, with an address for service in Luxembourg at the
                                                                      Spanish Embassy, 4—6 Boulevard Emmanuel Servais .
questions :
Question 1 : Must Article 1 (c ) of Decision 92/235/ECSC ( l )        The applicant claims that the Court should :
of the representatives of the governments of the Member
States meeting within the Council of 26 April 1993                    — annul the last sentence in Article 1 ( 1 ) ( i ) of Annex IV to
concerning trade between the European Coal and Steel                        Council Regulation ( EC ) No 685/95 (*) of 27 March
Community and the Federal Republic of Yugoslavia ( Serbia                   1995 on the management of the fishing effort relating to
and Montenegro ) and Article 1 (c ) of Council Regulation                   certain Community fishing areas and resources,
( EEC ) No 990/93 ( 2 ) of the same date concerning trade
between the European Economic Community and the                       — annul the fifth element concerning anchovy in Annex I to
Federal Republic of Yugoslavia ( Serbia and Montenegro ) be                 Council Regulation ( EC ) No 746/95 ( 2 ) of 31 March