CELEX: C1995/159/25
Language: en
Date: 1995-06-24 00:00:00
Title: Action brought on 14 March 1995 by the Kingdom of Belgium against the Commission of the European Communities (Case C-71/95)

24 . 6 . 95              EN                  Official Journal of the European Communities                                  No C 159/ 13
     (c ) makes it possible to channel towards the                      — Lack of competence: Regulation ( EC ) No 3303/94
           undertakings referred to in paragraph ( b ) the                  introduces measures with regard to the three countries in
           demand for welfare services provided to old                      question which are at variance with Regulation ( EC )
           people;                                                          No 404/93 . Under Article 149 ( 3 ) of the Act of
                                                                            Accession, that power was vested in the Council and not
     ( d ) allows imposition on undertakings of the obligation              in the Commission .
           to provide, at their own expense, services ancillary
           to those provided by them in return for payment;             — Inadequate statement of reasons .
                                                                        0 ) OJ No L 341 , 30 . 12 . 1994 , p . 46 .
     ( e ) gives rise to arrangements whose effect is to impose
           on non-participating undertakings the obligation to
           provide at their own expense services ancillary to
           the service offered , passing the cost thereof on to
           users ;                                                      Action brought on 13 March 1995 by the Commission of
                                                                        the European Communities against SA Royale Belge and
     ( f) thus creates the necessity of transferring to users the                                         Others
           economic burden of such services, which are
                                                                                                   ( Case C-76/95 )
           otherwise, where users avail themselves of the
                                                                                                      95/C 159/26
           services of the undertakings participating in the
           arrangement, free of charge ?
                                                                        An action against SA Royale Belge, acting on its own
                                                                        account and as agent and nominee for the following
                                                                        insurance companies : 1 . SA Assurances générales de France;
                                                                        2 . Caisse nationale de prévoyance ; 3 . Les Mutuelles du
                                                                        Mans; 4 . SA Assurantie van de belgische Boerenbond; 5 . SA
                                                                        Hannover; 6 . AG-Securitas and 7. Condor, was brought
Action brought on 14 March 1995 by the Kingdom of                       before the Court of Justice of the European Communities on
Belgium against the Commission of the European                          13 March 1 995 by the Commission of the European
                              Communities                               Communities, represented by Julian Currall, of the Legal
                                                                        Service, acting as Agent, assisted by Jean-Luc Fagnart, of the
                           ( Case C-71/95 )                             Brussels Bar, with an address for service in Luxembourg at
                             ( 95/C 159/25 )                            the office of Georgios Kremlis, Wagner Centre,
                                                                        Kirchberg.
An action against the Commission of the European
Communities was brought before the Court of Justice of the              The Commission of the European Communities claims that
                                                                        the Court should :
European Communities on 14 March 1995 by the Kingdom
of Belgium, represented by J. Devadder, Director of                     — order the defendant to pay the capital sum due or
Administration in the Ministry of Foreign Affairs, Foreign                  becoming due to the Commission pursuant to Article 73
Trade and Cooperation with Developing Countries , acting                    of the Staff Regulations of officials of the European
as Agent, with an address for service in Luxembourg at the                  Communities in consequence of the occupational
Belgian Embassy, 4 Rue des Girondins .                                      disease     of    Mr      L. ,  a   former official of  the
                                                                            Commission ,
The applicant claims that the Court should :
                                                                        — order the defendant to pay default interest pursuant to
                                                                            Article 1 ( 2 ) of the Agreement from 6 May 1994, the date
— annul Commission Regulation ( EC ) No 3303/94 of                          upon which formal notice was given to the insurers by
     21 December 1994 introducing transitional measures                     the Commission,
     for imports of bananas into Austria, Finland and Sweden
     in the first quarter of 1995 (*) and order the Commission          — order the defendant to pay the costs, pursuant to
     to pay the costs .                                                     Article 69 ( 2 ) of the Rules of Procedure of the Court of
                                                                            Justice.
Pleas in law and main arguments adduced in support:
                                                                        Pleas in law and main arguments adduced in support:
— Discrimination : Article 4 of Regulation ( EC )                       The action has been brought before the Court on the basis of
     No 3303/94 is clearly at variance with Article 19 of               an arbitration clause contained in a contract of insurance
     Council Regulation ( EEC ) No 404/93 ; each of the                 the purpose of which is to cover the financial consequences
     countries in question receives an individual quota                 of the obligations assumed by the Communities under the
     without the allocation laid down in Article 19 of
                                                                        Staff Regulations in respect of accidents and occupational
     Regulation ( EEC ) No 404/93 . The introduction of such            diseases suffered by members of their staff. The parties are in
     a specific scheme gives rise to discrimination between the         dispute regarding the question whether the contract of
     various market participants depending on whether they              insurance allows the insurers to contest the correctness of
     are established in one of the original Member States of            the opinion given by the medical committee.
     the European Union or in one of the Member States
     which acceded on 1 January 1995 .