CELEX: C1995/315/28
Language: en
Date: 1995-11-25 00:00:00
Title: Removal from the register of Case C-256/94

25 . 11 . 95          EN                 Official Journal of the European Communities                              No C 315/ 13
Communities in Case T-5 85/93 between Stichting                     would be in stark contrast to the position under the national
Greenpeace Council ( Greenpeace International ) and 18              laws of the Member States and general developments in
others and the Commission of the European Communities,              international law . It would also be inconsistent with the
supported by the Kingdom of Spain, was brought before the           stated policy of the Community institutions and the
Court of Justice of the European Communities on                     governments of the Member States .
16 October 1995 by Stichting Greenpeace Council
( Greenpeace International ) and 18 others, represented by
Philippe Sands and Mark Hoskins, Barristers, of the Bar of
England and Wales , instructed by Leigh, Day & Co .,
Solicitors, with an address for service in Luxembourg at the               Removal from the register of Case C-2 14/90 ( )
Chambers of Jean-Paul Noesen, 18 , rue des Glacis .                                             ( 95/C 315/26 )
The Appellant claims that the Court should :
                                                                    By order of 27 September 1995 the President of the Third
1.   Set aside the order of the Court of First Instance of          Chamber of the Court of Justice of the European
     9 August 1995 in Case T-585/93 .                               Communities ordered the removal from the register of Case
                                                                    C-214/90 ( reference for a preliminary ruling): Agricola
2 . Declare that the application brought by the Appellants          d'Arsego SAS v. Azienda di Stato per gli Interventi nel
     in Case T-585/93 is admissible .
                                                                    Mercato Agricolo ( AIMA ).
3 . Order the Commission to pay the Appellants' costs of
     this appeal .                                                  (•) OJ No C 208 , 21 . 8 . 1990 .
Pleas in law and main arguments adduced in support:
It is submitted that the Court of First Instance failed to
properly interpret and apply Article 173 of the EC Treaty
                                                                           Removal from the register of Case C-438/93 ( )
and applied the wrong criteria in assessing whether the
appellants were individually concerned by the                                                   ( 95/C 315/27 )
Commission's acts under Article 173 of the EC Treaty.
                                                                    By order of 26 September 1995 the President of the Court of
The Court of First Instance applied case-law of the Court of        Justice of the European Communities ordered the removal
Justice which had been developed solely in the context of           from the register of Case C-438/93 ( reference for a
economic issues and rights to the effect that an individual         preliminary ruling): Adriatica Costruzioni Ancona Sri v.
must belong to a 'closed class' before he can be said to be         Ministero dei Lavori Pubblici and Comune di Ancona .
individually concerned by a Community act. The Court of
First Instance erred in applying that case-law without taking       ( 1 ) OJ No C 18 , 21 . 1 . 1994 .
into account properly or at all the specific nature and
character of the environmental, rather than economic ,
interests which form the basis of the appellants' case .
The practical effect of applying the traditional approach to               Removal from the register of Case C-256/94 ( l )
individual concern in environmental cases is that private
parties will never be able to challenge Community measures                                       ( 95/C 315/28 )
which affect their environmental interests . There would in
effect be a total vacuum of enforcement .                           By order of the President of 24 August 1995 the Court of
                                                                    Justice of the European Communities ordered the removal
 Moreover, to hold that private parties had no rights to seek       from the register of Case C-256/94 : Commission of the
 judicial review under Article 173 of the EC Treaty of              European Communities v. Kingdom of Spain .
 Community acts which violated Community environmental
 obligations or which caused other harm to the environment           (') OJ No C 304, 29 . 10 . 1994 .