CELEX: C1999/188/27
Language: en
Date: 1999-07-03 00:00:00
Title: Case C-120/99: Action brought on 10 April 1999 by the Italian Republic against the Council of the European Union

C 188/12                 EN                    Official Journal of the European Communities                                         3.7.1999
In point 3 of Regulation (EEC) No 2184/97 (1) was the                         — infringement of Article 43 of the Treaty, of the general
Commission therefore entitled to decide that all multi-function                    principles concerning the hierarchy of sources of law
facsimile machines essentially consisting of:                                      and of Article 8(4)(ii) of Regulation No 3760/92 (2);
— a modem                                                                     — manifest inadequacy of the criteria presumably adopted
                                                                                   in order to implement the principle of ‘relative stab-
— a scanner                                                                        ility’.
— a printing device                                                       2. Unlawfulness of Article 2(2) and of the Annex (table
                                                                              relating to bluefin tuna), by reason of:
and operating either in an autonomous form or in conjunction
with a computer, fall under tariff heading 8517 21 (facsimile                 — absence of a statement of reasons. The fifth recital in
machines), thus excluding the possibility of determining the                       the preamble to the regulation contains reasoning
dominant function of each machine on a case-by-case basis                          which is merely ostensible, incomprehensible and
and laying down the principle that the printing device is of                       certainly insufficient for the purposes of providing
secondary importance, whatever the machine, provided that it                       any real reasons which might justify the exceptional
falls within the category described?                                               allocation set out in the first table (bluefin tuna) in the
                                                                                   annex to the regulation;
(1) Commission regulation of 3 November 1997 concerning the
    classfication of certain goods in the combined nomenclature (OJ           — infringement of Regulation No 3760/92 (Article 8(4))
    L 299, p. 6).                                                                  and breach of the general principles regarding the
                                                                                   common agricultural policy, legal certainty and basic
                                                                                   guarantees relating to sanctions;
                                                                              — in addition, manifest error with regard to ICCAT;
                                                                              — misuse of powers.
Action brought on 10 April 1999 by the Italian Republic
          against the Council of the European Union                       (1) OJ L 13 of 18 January 1999, p. 54.
                                                                          (2) OJ L 389 of 31 December 1992, p. 1.
                           (Case C-120/99)
                           (1999/C 188/27)
An action against the Council of the European Union was
brought before the Court of Justice of the European Communi-
ties on 10 April 1999 by the Italian Republic, represented by             Action brought on 8 April 1999 by the Commission of
Umberto Leanza, acting as Agent, assisted by Pier Giorgio                 the European Communities against the Hellenic Republic
Ferri, Avvocato dello Stato, with an address for service in
Luxembourg at the Italian Embassy, Rue Marie-Adelaïde.
                                                                                                   (Case C-121/99)
The applicant claims that the Court should:
                                                                                                   (1999/C 188/28)
— allow the present application, and consequently,
                                                                          An action against the Hellenic Republic was brought before
— partially annul Council Regulation (EC) No 49/1999 (1);                 the Court of Justice of the European Communities on 8 April
                                                                          1999 by the Commission of the European Communities,
— order the Commission to pay the costs.                                  represented by Maria Kondou-Durande, of its Legal Service,
                                                                          with an address for service in Luxembourg at the office of
                                                                          Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre,
Pleas in law and main arguments                                           Kirchberg.
                                                                          The Commission claims that the Court should:
1. Unlawfulness of Article 2(1) of the regulation (allocation
     of percentages from the share available to the Community             1. declare that, by not communicating the laws, regulations
     of bluefin tuna stocks), by reason of:                                   and administrative provisions required to comply with
                                                                              Commission Directive 97/35/EC (1) of 18 June 1997
     — total absence of a statement of reasons. The recitals in               adapting to technical progress for the second time Council
         the preamble to the regulation do not in any way                     Directive 90/220/EEC on the deliberate release into the
         satisfy the essential guarantee requiring the provision              environment of genetically modified organisms, or by not
         of a statement of the parameters and criteria adopted                adopting the necessary measures to comply therewith, the
         for the purposes of dividing up a total allowable catch              Hellenic Republic has failed to fulfil its obligations under
         into national quotas;                                                the Treaty and that directive;