CELEX: C1999/226/25
Language: en
Date: 1999-08-07 00:00:00
Title: Case C-188/99 P: Appeal brought on 21 May 1999 by Karola Gluiber against the order made on 16 March 1999 by the First Chamber of the Court of First Instance of the European Communities in Case T-147/98 Karola Gluiber versus Council of the European Union and Commission of the European Communities

C 226/16              EN                    Official Journal of the European Communities                                      7.8.1999
Appeal brought on 21 May 1999 by Karola Gluiber against                Pleas in law and main arguments
the order made on 16 March 1999 by the First Chamber
of the Court of First Instance of the European Communi-
ties in Case T-147/98 Karola Gluiber versus Council of                 The appellant is contesting an order by which the Court of First
the European Union and Commission of the European                      Instance, without prior notice to the respondents, dismissed as
                         Communities                                   manifestly inadmissible her applications for
                       (Case C-188/99 P)                               — a declaration that certain individual measures taken by
                                                                           German authorities and German courts are null and void;
                        (1999/C 226/25)                                — alternatively, an order requiring the respondent to retract
                                                                           and terminate those measures in accordance with the rules
An appeal against the order made on 16 March 1999 by the                   laid down by the EC Treaty.
First Chamber of the Court of First Instance of the European
Communities in Case T-147/98 Karola Gluiber versus Council
of the European Union and Commission of the European                   She complains that the principle of the right to a fair hearing
Communities was brought before the Court of Justice of the             has been violated,
European Communities on 21 May 1999 by Karola Gluiber,
represented by Dieter Rogalla, Rechtsanwalt, with an address           She infers that her claim is admissible from the fact that the
for service in Luxembourg at the Chambers of Marguit                   Commission is under an obligation to monitor the application
Capus-Leelare, 117 Avenue Gaston Diderich, L-1420 Luxem-               of Directive 76/207/EEC in all Member States and to object to
bourg.                                                                 specific defects until such time as they are eliminated.
The appellant claims that the Court should:
                                                                       (1) Not yet published in the Official Journal.
1. set aside the order made by the Court of First Instance of          (2) OJ L 39 of 14.2.1976, p. 40.
    the European Communities on 16 March 1999 in Case
    T-147/98 (1);
2. declare null and void the individual measures which
    unlawfully discriminate against the appellant on the
    ground of her sex;
3. order the respondent to retract and terminate, in accord-
    ance with the rules laid down by the Treaty on European            Action brought on 21 May 1999 by the Commission of
    Union, the discriminatory measures taken against the               the European Communities against the Kingdom of Spain
    appellant by the Federal Republic of Germany, as a Member
    State of the Community, and by its federal organs (the
    Länder);                                                                                     (Case C-189/99)
4. order the respondent to pay to the appellant the total sum
    of DM 4 877 (four thousand eight hundred and seventy                                        (1999/C 226/26)
    seven German marks) plus interest in respect of periods to
    be fixed, being the expense incurred by the appellant in           An action against the Kingdom of Spain was brought before
    the proceedings brought by her to no avail before the              the Court of Justice of the European Communities on 21 May
    German courts;                                                     1999 by the Commission of the European Communities,
                                                                       represented by Götz zur Hausen, Legal Adviser and Gregorio
5. order the respondent to pay the costs of the present                Valero Jordana, a member of its Legal Service, with an address
    proceedings;                                                       for service in Luxembourg at the office of Carlos Gómez de la
                                                                       Cruz of its Legal Service, Wagner Centre.
6. alternatively, stay the proceedings pursuant to Article
    82a(1)(b) of the Rules of Procedure of the Court of Justice
    in order to enable a preliminary ruling to be obtained from        The applicant claims that the Court should:
    the European Court of Human Rights concerning the
    finding that the incomplete transposition into German law          1. declare that the Kingdom of Spain has failed to fulfil its
    of Council Directive 76/207/EEC (2) infringes, as regards              obligations under the third indent of Article 3(2), Article 4
    the appellant:                                                         and Article 5 of Council Directive 90/313/EEC (1) of 7 June
                                                                           1990 on the freedom of access to information on the
    (a) Article 6 of the European Convention on Human                      environment by adopting legislation which fails to comply
        Rights (‘ECHR’)                                                    with those provisions of that directive;
    (b) Article 11 of the ECHR;                                        2. declare that the Kingdom of Spain has failed to fulfil its
                                                                           obligations under Article 5 of the directive cited by
    (c) Article 14 of the ECHR; and                                        permitting high fees laid down by legislation bearing no
                                                                           relation to that transposing the directive to be charged for
    (d) Article 50 of the ECHR.                                            the supply of information; and