CELEX: C1995/054/17
Language: en
Date: 1995-03-04 00:00:00
Title: Appeal brought on 4 January 1995 by Asociación Española de Empresas de la Carne (Asocarne) against the order made on 20 October 1994 by the First Chamber of the Court of First Instance of the European Communities in Case T-99/94 between Asociación Española de Empresas de la Carne (Asocarne) and Council of the European Union (Case C-10/95 P)

No C 54/10         I EN I                Official Journal of the European Communities                                      4 . 3 . 95
The applicant asks the Court to annul Commission                     The Appellant claims that the Court should:
Regulation (EEC) No 2791/94 of 16 November 1994 on the
exceptional allocation of a quantity additional to the tariff         1 . annul the order; and
 quota for imports of bananas in 1994 as a result of tropical
 storm Debbie ( l ) and order the Commission to pay the              2 . declare the action admissible or, in the alternative, join
costs .                                                                   the question of admissibility to the substance and refer
                                                                          the case back to the Court of First Instance, continuing
                                                                          proceedings from the stage at which they were stayed,-
Pleas in law and main arguments                                           for a decision on the admissiblity of the applications to
                                                                          intervene .
Insufficient legal basis: Article 30 of Council Regulation
 (EEC) No 404/93 on the common organization of the
market in bananas permits the adoption of specific                   Pleas in law and main arguments
transitional measures solely in order to assist the transition
                                                                     The true nature of Council Directive 93/118/EC of
to the single market from the arrangements existing prior to
its entry into force; it cannot serve as the legal basis for the     22 December 1993 amending Directive 85/73/EEC on the
contested Regulation. In the first place, tropical storm             financing of health inspections and controls of fresh meat
Debbie has nothing to do with problems relating to the               and poultrymeat (*), hereinafter referred to as 'the contested
transition. Secondly, it was certainly not the Council's             directive', is that of a decision. The margin of discretion
intention to create by means of Article 30 the possibility of        enjoyed by the Member States under the contested
adopting measures which coincide with previously existing            Directive, in so far as it amends Directive 85/73/EEC, is
national measures. The purpose of the latter was principally,        merely token and virtually without effect. A correct and
and sometimes exclusively, to protect national markets. The          comprehensive reading of the directive reveals that the use of
introduction of the single market is intended to remove such         the verb 'may' is merely rhetorical. The contested directive is
                                                                     of direct and individual concern to the members of Asocarne
protective measures. The Commission cannot, therefore,
use Article 30 as a basis for establishing measures similar to       who have a veterinary registration number and were liable
those which existed prior to the single market.                      for fees before its entry into force, so that Asocarne has
                                                                     standing to bring this action inasmuch as the contested
                                                                     directive is of direct and individual concern to its
The allocation of the additional quantity is incompatible            members .
with Article 19 ( 1 ) of Regulation (EEC ) No 404/93 :
Article 1 ( 1 ) of the contested regulation allocates the
additional quantity solely among operators affected by the           Contrary to the view of the Court of First Instance, in the
storm, although Article 19 ( 1 ) of Regulation ( EEC )              case of directives, the judicial protection of individuals is not
No 404/93 makes no provision for derogating from the                 duly and sufficiently assured by the national courts. The
method of allocation it lays down.                                   administration of justice is necessarily subject to delay.
                                                                    Moreover, some Spanish courts have demonstrated a certain
                                                                    reluctance to make references for preliminary rulings under
(!) OJ No L 296 , 17. 11 . 1990, p . 33 .                           Article 177 of the EEC Treaty.
                                                                     (M OJ No L 340, 31 . 12 . 1993, p. 15 .
Appeal brought on 4 January 1995 by Asociacion Espanola
de Empresas de la Carne (Asocarne) against the order made
on 20 October 1994 by the First Chamber of the Court of             Action brought on 13 January 1995 by the Commission of
First Instance of the European Communities in Case                  the European Communities against the Kingdom of
T-99/94 between Asociacion Espanola de Empresas de la                                            Belgium
   Carne (Asocarne) and Council of the European Union                                        (Case C-ll/95 )
                       (Case C-10/95 P)                                                       ( 95/C 54/18 )
                          (95/C 54/17)
                                                                    An action against the Kingdom of Belgium was brought
                                                                    before the Court of Justice of the European Communities,
An appeal against the order made on 20 October 1994 by
the First Chamber of the Court of First Instance of the             represented by Pieter Van Nuffel, of its Legal Service, acting
                                                                    as Agent, with an address for service in Luxembourg at the
European Communities in Case T-99/94 between
                                                                    office of Georgios Kremlis, Wagner Centre, Kirchberg.
Asociacion Espanola de Empresas de la Carne (Asocarne)
and Council of the European Union was brought before the
Court ofJustice of the European Communities on 4 January            The Appellant claims that the Court should:
1995 by Asociacion Espanola de Empresas de la Carne
(Asocarne), represented by Paloma Llaneza Gonzalez, of the          1 . declare that,
Madrid Bar, with an address for service in Luxembourg at
the Chambers of Loesch & Wolter, 11 Rue Goethe, BP                        — by maintaining in respect of the French community
1107, Luxembourg L-1011 .                                                     in the French-speaking region a system of prior