CELEX: C1995/208/35
Language: en
Date: 1995-08-12 00:00:00
Title: Action brought on 3 July 1995 by the Council of the European Union against the European Parliament (Case C-230/95)

12 . 8 . 95              EN                   Official Journal of the European Communities                                 No C 208 / 17
activity carried out as a self-employed person ( travailleur             3 July 1995 by the Council of the European Union,
independant) by a national of a Member State ?                           represented by Jean-Paul Jacque, Director of the Legal
                                                                         Service, and Felix Van Craeyenest and Yves Cretien, Legal
(!) OJ No L 230 , 22 . 8 . 1983 , p . 6 .                                Advisors , acting as Agents , with an address for service in
                                                                         Luxembourg at the office of Bruno Eynard , European
                                                                         Investment Bank, Kirchberg.
Reference for a preliminary ruling from the Cour de
Cassation, Commercial, Financial and Economic Chamber,
of the French Republic by judgment of 13 June 1995 in the
      case of Parodi SCI v. Bank H. Albert de Bary et Cie                The applicant claims that the Court should :
                          ( Case C-222/95 )
                             ( 95 /C 208/34 )                            1 . annul the act of the President of the European
Reference has been made to the Court of Justice of the                        Parliament of 26 April 1 995 declaring the final adoption
European Communities by a judgment of the Cour de                             of amending and supplementary budget No 1 1995 ;
Cassation, Commercial, Financial and Economic Chamber,
of the French Republic of 13 June 1995 which was received
at the Court Registry on 26 June 1995 , for a preliminary                2 . consequently, declare that budget, as adopted by the
ruling in the case of Parodi SCI v. Bank H. Albert de Bary et                 European Parliament on the same day, invalid ;
Cie .
The Court of Cassation refers the following question to the
Court of Justice of the European Communities for a                       3 . state that the acts implementing the budget which have
preliminary ruling:                                                           been adopted up until the date when the judgment is
                                                                              delivered are retained in their entirety;
as regards the period preceding the entry into force of
Council Directive 89/646/EEC ( 1 ) of 15 December 1989 on
the coordination of laws , regulations and administrative
provisions relating to the taking up and pursuit of the                  4 . order the European Parliament to pay the costs .
business of credit institutions and amending Directive
77/780/EEC ( 2 ), do Articles 59 and 61 ( 2 ) of the EC Treaty
have to be interpreted as precluding national legislation
requiring a licence in order to supply banking services , in             Pleas in law and main arguments adduced in support:
particular in order to grant a mortgage loan, where the bank
concerned is established in another Member State where it
has been granted a licence ?                                             The pleas in law and main arguments are similar to those
                                                                         relied on in Case C-41 /95 ('). The action concerns only
 (!) OJ No L 386 , 30 . 12 . 1989 , p . 1 .                              budgetary headings Bl-500 (Accompanying measures —
 ( 2 ) OJ No L 322 , 17 . 12 . 1977, p . 30 .
                                                                         former system ), Bl-5010 ( Early retirement ) and Bl-5012
                                                                          ( Afforestation ). The Council maintains that the three
                                                                         headings which the Parliament reclassified by voting under
Action brought on 3 July 1995 by the Council of the                      the budgetary procedure for the adoption of ASB No 1 / 1995
        European Union against the European Parliament                   are in fact compulsory expenditure , because those three
                                                                         headings are covered by the agricultural guideline by virtue
                           ( Case C-230/95 )
                                                                         of Community legislative measures .
                              ( 95/C 208/35 )
 An action against the European Parliament was brought
 before the Court of Justice of the European Communities on               (M OJ No C 87, 8 . 4 . 1995 , p . 6 .
                                                        COURT OF FIRST INSTANCE
 Extension of the composition of the Chambers for the                     judicial vacation the oath-taking ceremony before the Court
                       judicial year 1994/95                              of Justice for new members of the Court of First Instance
                              ( 95/C 208/36 )                             could not take place until after the judicial vacation and that
                                                                          consequently, in accordance with the third paragraph of
                                                                          Article 5 of the EC Statute of the Court of Justice, the third
  At the plenary conference held on 6 July 1995 the Court of              paragraph of Article 5 of the EC Statute of the Court of
  First Instance took formal note of the fact that owing to the           Justice, the third paragraph of Article 5 of the EAEC Statute