CELEX: C1995/208/36
Language: en
Date: 1995-08-12 00:00:00
Title: Extension of the composition of the Chambers for the judicial year 1994/95

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
 ---pagebreak--- No C 208/ 18              EN                 Official Journal of the European Communities                                   12 . 8 . 95
of the Court ofJustice and the third paragraph of Article 5 of           JUDGMENT OF THE COURT OF FIRST INSTANCE
the ECSC Statute of the Court of Justice, the decisions of                                        of 8 June 1995
2 June 1994 i 1 ) and 18 January 1995 (2 ) on the designation
of the Presidents of Chambers, the composition of the                   in Case T-7/93 : Langnese-Iglo GmbH v. Commission of the
Chambers and the assignment of cases to them would                                         European Communities ( l )
continue to apply and President of the Court Jose Luis da               (Competition — Exclusive purchasing agreements for
Cruz Vilaça could continue to exercise the presidency of the            ice-cream — Relevant market — Possible barriers to entry to
Court of First Instance .                                               the market by third parties — Trade between Member
                                                                        States — Comfort letter — Block exemption — Lawfulness
(') OJ No C 233 , 20 . 8 . 1994 .                                       of the withdrawal of the exemption — Prohibition of
( 2 ) OJ No C 54, 4 . 3 . 1995 .                                                concluding exclusive agreements in the future)
                                                                                                   ( 95/C 208/38 )
                                                                                        (Language of the case: German)
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                           of 18 May 1995                               In Case T-7/93 : Langnese-Iglo GmbH, established in
in Case T-478/93 : Wafer Zoo Sri v. Commission of the                   Hamburg ( Germany), represented by Martin Heidenhain,
                    European Communities ( J )                          Bernhard M. Maassen and Horst Satzky, Rechtsanwälte,
                                                                        Frankfurt-am-Main, with an address for service in
(Common agriculturalpolicy — Council Regulation (EEC)
No 866/90 on improving the processing and marketing                     Luxembourg at the chambers of Jean Hoss, 15 Cote d'Eich
conditions for agricultural products — Commission                       v. Commission of the European Communities ( Agents :
Decision 90/342/EEC on the selection criteria to be adopted             Bernd Langeheine and Alexander Böhlke ), supported by
for investments eligible for Community assistance —                     Mars GmbH, established in Viersen ( Germany ), represented
Decision ofthe Commission rejecting a financing project —               by Jochim Sedemund, Rechtsanwalt, Cologne, and by John
                                                                        Pheasant, Solicitor, with an address for service in
               Action for annulment and damages)
                                                                        Luxembourg at the Chambers of Michel Molitor, 14a Rue
                             ( 95/C 208/37 )                            de Bains — application for the annulment of Commission
                                                                        Decision 93/406/EEC of 23 December 1992 relating to a
                  (Language of the case: Italian)                       proceeding pursuant to Article 85 of the EEC Treaty against
                                                                        Langnese-Iglo GmbH ( IV/34.072 ) ( 2 ), the Court of First
In Case T-478/93 : Wafer Zoo Sri, established in Pesaro                 Instance ( Second Chamber, extended composition ),
( Italy ), represented by Wilma Viscardini Dona, of the Padua           composed of: B. Vesterdorf, President, D. P. M. Barrington,
Bar, with an address for service in Luxembourg at the                   A. Saggio, H. Kirschner and A. Kalogeropoulos, Judges; H.
Chambers of Ernest Arendt, 8—10 Rue Mathias Hardt, v.                   Jung, Registrar, has given a judgment on 8 June 1995 , in
                                                                        which it:
Commission of the European Communities ( agents:
Eugenio de March and Alexandre Carnelutti ) —
application, first, for the annulment, pursuant to Article 1 73         1 . annuls Article 4 of Commission Decision 93/406/EEC
of the EC Treaty, of Decision C ( 92 ) 2264 of 30 September                   of 23 December 1 992 relating to a proceeding pursuant
1992, by which the Commission refused the financing of a                      to Article 85 of the EEC Treaty against Langnese-Iglo
project submitted by the applicant under Council                              GmbH (IV/34.072);
Regulation ( EEC ) No 866/90 of 29 March 1990 on
improving the processing and marketing conditions for
agricultural products ( 2 ), and, second, for compensation              2 . for the rest, dismisses the application;
pursuant to Articles 178 and 215 of the EC Treaty for the
damage allegedly caused to the applicant by that decision —
the Court of First Instance ( First Chamber ), composed of:             3 . orders the applicant to bear all the costs of            the
J. L. Cruz Vilaça , President, and H. Kirschner and A.                        proceedings, including those in respect of             the
Kalogeropoulos, Judges; H. Jung, Registrar, has given a                       application for interim measures and those of          the
judgment on 18 May 1995 , in which it:                                        intervener, with the exception of one-quarter of       the
                                                                              costs incurred by the defendant;
1 . annuls Decision C (92) 2264 of the Commission of
      30 September 1992;
                                                                        4 . orders the defendant to bear one-quarter of its own
                                                                              costs .
2 . dismisses the claim for damages;
3 . orders the Commission to pay the costs.
                                                                        (>) OJ No C 54 , 25 . 2 . 1993 .
                                                                        ( 2 ) OJ No L 183 , 26 . 7. 1993 , p . 19 .
(!) OJ No C 146 , 26 . 5 . 1993 .
( 2 ) OJ No L 91 , 6 . 4 . 1990 .