CELEX: C1995/268/20
Language: en
Date: 1995-10-14 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 11 August 1995 in Case C-260/94: Commission of the European Communities v. Hellenic Republic (Provisional translation; the definitive translation will be published in the European Court Reports)

No C 268/10           PEN ]                 Official Journal of the European Communities                                    14 . 10 . 95
 ( OJ No L 139, p . 19 ), and Council Directive 92/31/EEC               1 . declares that, by failing to adopt within the prescribed
amending Directive 89/336/EEC ( OJ No L 126, p. 11 ),                       period the laws, regulations and administrative
Ireland has failed to fulfil its obligations under Article 12(1 )           measures needed to comply with Council Directive
and Article 2 ( 1 ) of the abovementioned directives and                    91 /263/EEC of 29 April 1991 on the approximation of
Article 189 of the EC Treaty — the Courth ( Fifth Chamber),                 the laws of the Member States concerning
composed of: C. Gulmann, President of the Chamber, P.                       telecommunications terminal equipment, including the
Jann, J. C. Moitinho de Almeida, D. A. O. Edward and L.                     mutual recognition of their conformity, the Hellenic
Sévon ( Rapporteur ), Judges; G. Cosmas, Advocate-General;                  Republic has failed to fulfil its obligations under the EC
R. Grass , for the Registrar, has given a judgment on                       Treaty;
 11 August 1995 , in which it:
                                                                       2 , orders the Hellenic Republic to pay the costs.
 1 . declares that, by omitting to bring into force the laws,          (') OJ No C 316 , 12 . 11 . 1994 .
     regulations and administrative provisions necessary to
     comply with Council Directive 89/336/EEC of 3 May
     1989 on the approximation of the laws of the Member
     States relating to electromagnetic compatibility and
     Council Directive 92/31 /EEC of 28 April 1992
     amending Directive 89/336/EEC, Ireland has failed to             Action brought on 2 July 1995 by Giorgio Bernardi against
     fulfil its obligations under Article 12 (1 ) and Article 2 (1 )                     the European Parliament
     of the abovementioned directives and Article 1 89 of the                                 ( Case C-228/95 )
     EC Treaty;
                                                                                                 ( 95/C 268/21 )
2 , orders Ireland to pay the costs.
                                                                      An action against the European Parliament was brought
                                                                       before the Court of Justice of the European Communities on
(') OJ No C 288 , 15 . 10 . 1994 .                                    2 July 1995 by Giorgio Bernardi, represented by Giancarlo
                                                                      Lattanzi, of the Massa-Carrara Bar ( Italy ), with an address
                                                                      for service in Luxembourg at 33 Rue Godchaux .
                                                                      The applicant claims inter alia that the Court should annul
                                                                      the notice entitled ' Call for nominations for the office of
                                                                      Ombudsman' ( ! ), and all acts connected with it or adopted
                 JUDGMENT OF THE COURT                                as a consequence .
                         ( Sixth Chamber)
                        of 11 August 1995                             By order of 1 1 July 1995, pursuant to Article 47 of the EC
                                                                      Statute of the Court of Justice, the Court referred that action
in Case C-260/94 : Commission of the European                         to the Court of First Instance .
              Communities v. Hellenic Republic ( 1 )
(Provisional translation; the definitive translation will be           C ) OJ No C 127, 23 . 5 . 1995 , p . 4 .
          published in the European Court Reports)
                           ( 95/C 268/20 )
                  (Language of the case: Greek)
                                                                      Reference for a preliminary ruling by the Diikitiko
                                                                      Protodikio (Administrative Court of First Instance ), Athens,
In Case C-260/94: Commission of the European                          by a decision of that court of 24 May 1995 in the case of P.
Communities ( agents : Dimitrios Gouloussis and Anders                Moskof v. Ethnikos Organismos Kapnou (National
Christian Jessen ) v. Hellenic Republic (agents : Panagiotis                                  Tobacco Board )
Mylonopoulos and Ioanna Kiki ) — application for a
                                                                                              ( Case C-244/95 )
declaration that, by failing to adopt, and alternatively by
failing to notify to the Commission, within the periods                                            95/C 268/22 )
prescribed the laws, regulations and administrative
measures needed to comply with Council Directive                      Reference has been made to the Court of Justice of the
91 /263/EEC of 29 April 1991 on the approximation of the              European Communities by a decision of the Administrative
laws of the Member States concerning telecommunications               Court of First Instance, Athens, of 24 March 1995 , which
terminal equipment, including the mutual recognition of               was received at the Court Registry on 12 July 1995 , for a
their conformity ( OJ No L 128 , p. 1 ), the Hellenic Republic        preliminary ruling in the case of P. Moskof A. E. v. Ethnikos
has failed to fulfil its obligations under the EC Treaty —            Organismos Kapnou on the validity of Commission
Court ( Sixth Chamber ), composed of: F. A. Schockweiler,             Regulation ( EEC ) No 3477/93 ( x ) inasmuch as it concerns
President of the Chamber, P. J. G. Kapteyn, G. F. Mancini             the agricultural conversion rates to be applied to the
( Rapporteur ), C. N. Kakouris and G. Hirsch, Judges; C. O.           premium for tobacco from the 1992 and previous harvests
Lenz, Advocate-General; R. Grass, Registrar, has given a              which was taken out of supervision from 1 July 1993 and
judgment on 11 August 1995 , the operative part of which is           subsequently. Doubt is cast on the validity of Regulation
as follows :                                                           ( EEC ) No 3477/93 on the following grounds :