CELEX: C1995/137/17
Language: en
Date: 1995-06-03 00:00:00
Title: Action brought on 10 March 1995 by the Italian Republic against the Commission of the European Communities (Case C-69/95)

3 . 6 . 95              EN                     Official Journal of the European Communities                                  No C 137/9
Action brought on 28 June 1993 by Hanseatische                            The pleas in law and main arguments were the subject of an
Industrie-Beteiligungen GmbH against the Commission of                    information notice in Official Journal No C 222 of
                 the European Communities                                 18 August 1993 , p. 10.
                           ( Case C-62/95 )
                             ( 95/C 137/15 )                              (!) OJ No L 144 , 16 . 6 . 1993 , p . 21 .
                                                                          ( 2 ) OJ No C 222 , 18 . 8 . 1993 , p . 8 .
The action brought by Hanseatische Industrie-Beteiligungen
GmbH against the Commission of the European
Communities ( Case C-335/93 ), which was referred to the
Court of First Instance by order of the Court of Justice of
27 September 1993 pursuant to Article 4 of Council
Decision 93/350/Euratom, ECSC, EEC of 8 June 1993                         Action brought on 10 March 1995 by the Italian Republic
amending Council Decision 88/591/ECSC, EEC, Euratom                           against the Commission of the European Communities
establishing a Court of First Instance of the European                                               ( Case C-69/95 )
Communities ( l ), became pending before the Court of                                                  ( 95/C 137/17 )
Justice on 8 March 1995 , following an order of the Court of
First Instance declining jurisdiction over the action, which
had been registered at the Court of First Instance as Case                An action against the Commission of the European
T-488/93 , and remitting it to the Court of Justice, so that               Communities was brought before the Court of Justice of the
that Court can rule on the present action together with Case               European Communities on 10 March 1995 by the Italian
 C-329/93 ( 2 ).                                                           Republic, represented by Umberto Leanza , acting as Agent,
                                                                           assisted by Oscar Fiumara, Avvocato dello Stato, with an
                                                                           address for service in Luxembourg at the Italian Embassy, 5
                                                                           Rue Marie-Adelaide .
The pleas in law and main arguments were the subject of an
 information notice in Official Journal No C 222 of
 18 August 1993 , p. 9 .                                                   The applicant claims that the Court should :
                                                                           — annul Commission Decision 94/ 871 /EC of 21 December
 (') OJ No L 144 , 16 . 6 . 1993 , p . 21 .                                      1994 on the clearance of the accounts presented by the
 ( 2 ) OJ No C 222 , 18 . 8 . 1993 , p . 8 .                                    Member States in respect of the expenditure for 1991 of
                                                                                the European Agricultural Guidance and Guarantee
                                                                                Fund ( EAGGF ) Guarantee Section, in so far as it holds
                                                                                the sum of Lit 103 161 493 560 presented for clearance
                                                                                 by the Italian Republic not chargeable to the
                                                                                 EAGGF,
                                                                           — order the Commission to pay the costs.
                                                                            Pleas in law and main arguments adduced in support:
 Action brought on 1 July 1993 by Bremer Vulkan Verbund
 AG against the Commission of the European                                  Infringement and misapplication of Articles 1 , 3 and 5 of
                                Communities                                 Council Regulation ( EEC ) No 729/70 ( x ), of Article 8 of
                             ( Case C-63/95 )                               Commission Regulation ( EEC ) No 1723/72 (2 ), and of the
                               ( 95/C 137/16 )
                                                                            rules governing the milk sector ( Article 4 of Council
                                                                            Regulation ( EEC ) No 857/84 ( 3 ) as amended ; Commission
                                                                            Regulation ( EEC ) No 1546/88 (4 )). Misuse of powers .
                                                                            Failure to state reasons : Italy has fully complied with
 The action brought by Bremer Vulkan Verbund AG against                     Community rules on the repurchase of quotas by
  the Commission of the European Communities ( Case                         suspending their reallocation, in full accordance with
  C-3 39/93 ), which was referred to the Court of First Instance            Community objectives, as a result of the extraordinary
  by order of the Court of Justice of 27 September 1993                     situation which the country is still facing. During 1991 , and
  pursuant to Article 4 of Council Decision 93/350/Euratom,                 thus coinciding with the time for the reallocation of
  ECSC, EEC of 8 June 1993 amending Council Decision                        repurchased quotas fixed by Community rules at 1 June
  88/591/ECSC, EEC, Euratom establishing a Court of First                   1991 , a major discrepancy began to appear between actual
  Instance of the European Communities (*), became pending                  milk production and the national guaranteed quantity.
  before the Court of Justice on 8 March 1995 , following an                Then in February 1992, when the scale of the problem had
  order of the Court of First Instance declining jurisdiction               become clearer, Italy informed the Commission of the
  over the action, which had been registered at the Court of                situation, thereby initiating negotiations for an increase in
  First Instance as Case T-490/93 , and remitting it to the                 its overall reference quantity (which has recently been
  Court of Justice, so that that Court can rule on the present              granted with limited retroactive effect). In December 1992,
  action together with Case C-329/93 ( 2 ).                                 when the Council of EEC Agriculture Ministers reached a
 ---pagebreak--- No C 137/ 10              EN                    Official Journal of the European Communities                                      3 . 6 . 95
first compromise on Italy's request for a quota increase, it               Pleas in law and main arguments adduced in support:
was decided to finance a programme of abandoning
production to allow Italy to reduce its national production.               The appellant claims that substantive law was infringed
It appears strange, and symptomatic of a manifest misuse of                when Article 85 was applied ( maintenance and partitioning
powers, that the Commission should now censure Italy for                   of the various national markets by Parker Pen Ltd's policy of
not reallocating the quotas purchased for the purposes of                  referring enquiries to local subsidiaries; unequal treatment
Regulation ( EEC ) No 857/84 , while at the same time the                  of VIHO with regard to prices and conditions of sale ).
Council decided upon Community financing to reduce
Italian production. In the circumstances, the reallocation of
the 164 100 tonnes repurchased for the purposes of                         (») OJ No C 54 , 4 . 3 . 1995 , p . 15 .
Regulation ( EEC ) No 857/84 would clearly have led to a
worsening of the situation . Italy therefore preferred to
suspend the reallocation, which was in contradiction with
actual Community requirements .
(')  OJ No L  94 , 28 . 4 . 1970 , p. 13 .
(2 ) OJ No L  186 , 16 . 8 . 1972 , p. 1 .                                 Action brought on 20 March 1995 by the Commission of
(;)  OJ No L  90 , 1 . 4 . 1984 , p. 13 .                                  the European Communities against the Hellenic Republic
(4 ) OJ No L  139 , 4 . 6 . 1988 , p. 12 .
                                                                                                     ( Case C-82/95 )
                                                                                                       ( 95/C 137/19 )
                                                                           An action against the Hellenic Republic was brought before
                                                                           the Court of Justice of the European Communities on
                                                                           20 March 1995 by the Commission of the European
                                                                           Communities, represented by Dimitrios Gouloussis, Legal
                                                                           Adviser of the Commission, with an address for service in
                                                                           Luxembourg at the office of Georgios Kremlis, of the
Appeal brought on 14 March 1995 by VIHO Europe BV                          Commission 's Legal Service, Wagner Centre, Kirchberg.
against the judgment delivered on 12 January 1995 by the
First Chamber of the Court of First Instance of the European
Communities in Case T-102/92 between VIHO Europe BV                        The applicant claims that the Court should :
and Commission of the European Communities, supported
                          by Parker Pen Ltd                                1 . declare that the Hellenic Republic has failed to fulfil its
                           ( Case C-73/95 P)                                    obligations under the EEC Treaty because it omitted to
                              ( 95 /C 137/ 18 )                                 bring into force and to communicate to the Commission
                                                                               within the requisite time limit the laws , regulations and
                                                                                administrative provisions necessary to comply with
                                                                                Council Directive 91 /308/EEC of 10 June 1991 on
An appeal against the judgment delivered on 12 January                         prevention of the use of the financial system for the
1995 by the First Chamber of the Court of First Instance of                     purpose of money laundering ( ! );
the European Communities in Case T-102/92 between
VIHO Europe BV and the Commission of the European
Communities, supported by Parker Pen Ltd , was brought                     2 . order the Hellenic Republic to pay the costs .
before the Court of Justice of the European Communities on
14 March 1995 by VIHO Europe BV, Maastricht                                Pleas in law and main arguments adduced in support:
(Netherlands ), represented by Gleiss Lutz Hootz Hirsch und
Partner, Rechtsanwalte, Stuttgart, with an address for
service in Luxembourg at the Chambers of Marc Loesch, 1 1                  Article 16 of Directive 91 /308/EEC provides that the
rue Goethe, L-1637 Luxembourg.                                             Member States are to bring into force the laws , regulations
                                                                           and administrative decisions necessary to comply with the
                                                                           Directive before 1 January 1993 and that they are forthwith
                                                                           to notify the Commission thereof.
The appellant claims that the Court should :
                                                                           Having received no communication from the Greek
1 . annul the Commission decision of 30 September 1992                     Government concerning measures adopted in order to
     and set aside the judgment of the Court of First Instance             incorporate the abovementioned Directive into the Greek
     of 12 January 1995 (T-102/92 ) f 1 );                                 legal order, the Commission on 12 March 1993 addressed
                                                                           to the Government in question a formal letter before action.
                                                                           Since the Greek Government did not reply to that letter, the
2.   order the Commission to bear the costs of the                         Commission on 4 July 1994 issued a reasoned opinion
     proceedings , including those incurred by the intervenor,             giving the Greek Government a period of two months
     Parker Pen Ltd .                                                      within which to comply with the Directive .