CELEX: C2000/192/02
Language: en
Date: 2000-07-08 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 6 April 2000 in Joined Cases C-287/95 P and C-288/95 P: Commission of the European Communities v Solvay SA (Appeal — Actions for annulment — Pleas in law — Infringement of essential procedural requirements — Failure to authenticate decisions adopted by the college of Commissioners — Issue that may be raised of the Court's own motion)

8.7.2000                EN                      Official Journal of the European Communities                                              C 192/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1. Dismisses the appeal;
                                                                             2. Orders the Commission of the European Communities to pay the
                          (Fifth Chamber)
                                                                                 costs.
                          of 6 April 2000
                                                                             (1) OJ C 268 of 14.10.1995.
in Case C-286/95 P: Commission of the European Com-
    munities v Imperial Chemical Industries plc (ICI) (1)
(Appeal — Action for annulment — Pleas in law —
Infringement of essential procedural requirements — Failure
to authenticate a decision adopted by the college of Com-                                     JUDGMENT OF THE COURT
missioners — Issue that may be raised of the Court’s own
                               motion)                                                                 (Fifth Chamber)
                          (2000/C 192/01)                                                              of 6 April 2000
                                                                             in Joined Cases C-287/95 P and C-288/95 P: Commission
                   (Language of the case: English)                                   of the European Communities v Solvay SA (1)
                                                                             (Appeal — Actions for annulment — Pleas in law —
(Provisional translation; the definitive translation will be published       Infringement of essential procedural requirements — Failure
                   in the European Court Reports)                            to authenticate decisions adopted by the college of Com-
                                                                             missioners — Issue that may be raised of the Court’s own
In Case C-286/95 P: Commission of the European Communi-                                                     motion)
ties (Agents: J. Currall and B.J. Drijber) — appeal against the
judgment of the Court of First Instance of the European                                                (2000/C 192/02)
Communities (First Chamber, Extended Composition) of
29 June 1995 in Case T-37/91 ICI v Commission [1995] ECR
II-1901, seeking to have that judgment set aside, the other                                      (Language of the case: French)
party to the proceedings being Imperial Chemical Industries
plc (ICI), established in London, represented by D. Vaughan
QC, G. Barling QC and D. Anderson, Barrister, instructed by                  (Provisional translation; the definitive translation will be published
V.O. White, R.J. Coles and S.M. Turner, Solicitors, with an                                     in the European Court Reports)
address for service in Luxembourg at the Chambers of Lambert
H. Dupong, 14a Rue des Bains — the Court (Fifth Chamber),                    In Joined Cases C-287/95 P and C-288/95 P: Commission of
composed of: L. Sevón (Rapporteur), President of the First                  the European Communities (Agents: J. Currall and B.J. Drijber)
Chamber, acting for the President of the Fifth Chamber,                      — appeals against the judgments of the Court of First Instance
P.J.G. Kapteyn, P. Jann, H. Ragnemalm and M. Wathelet, Judg-                 of the European Communities (First Chamber, Extended
es; N. Fennelly, Advocate General; L. Hewlett, Administrator,                Composition) of 29 June 1995 in Cases T-31/91 and T-32/91
for the Registrar, has given a judgment on 6 April 2000, in                  Solvay v Commission [1995] ECR II-1821 and II-1825,
which it:                                                                    seeking to have those judgments set aside, the other party to
 ---pagebreak--- C 192/2                 EN                      Official Journal of the European Communities                                           8.7.2000
the proceedings being: Solvay SA, established in Brussels,                 as amended by Council Regulation (EEC) No 2082/93 of
Belgium, represented by L. Simont, Advocate at the Belgian                 20 July 1993 (OJ 1993 L 193, p. 20) — the Court (Sixth
Court of Cassation, by P.-A. Foriers and G. Block, of the                  Chamber), composed of: P.J.G. Kapteyn (Rapporteur), acting as
Brussels Bar, with an address for service in Luxembourg at the             President of the Sixth Chamber, G. Hirsch and H. Ragnemalm,
Chambers of Jacques Loesch, 11 Rue Goethe — the Court                      Judges; A. La Pergola, Advocate General; D. Louterman-
(Fifth Chamber), composed of: L. Sevón (Rapporteur), President            Hubeau, Principal Administrator, for the Registrar, has given a
of the First Chamber, acting for the President of the Fifth                judgment on 6 April 2000, in which it:
Chamber, P.J.G. Kapteyn, P. Jann, H. Ragnemalm and M. Wa-
thelet, Judges; N. Fennelly, Advocate General; L. Hewlett,                 1. Dismisses the action as inadmissible;
Administrator, for the Registrar, has given a judgment on
6 April 2000, in which it:                                                 2. Orders the Kingdom of Spain to pay the costs;
1. Dismisses the appeals;                                                  3. Orders the Italian Republic and the Portuguese Republic to bear
                                                                               their own costs.
2. Orders the Commission of the European Communities to pay the
     costs.
                                                                           (1) OJ C 72 of 7.3.1998.
(1) OJ C 286 of 28.10.1995.
                                                                                            JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT                                                               (Fifth Chamber)
                         (Sixth Chamber)                                                             of 6 April 2000
                          of 6 April 2000                                  in Case C-256/98: Commission of the European Communi-
                                                                                                ties v French Republic (1)
in Case C-443/97: Kingdom of Spain v Commission of the
                   European Communities (1)                                (Failure by a Member State to fulfil its obligations —
                                                                           Directive 92/43/EEC — Conservation of natural habitats
                                                                                             and of wild fauna and flora)
(Coordination of structural instruments — Internal Com-
        mission guidelines — Net financial corrections)
                                                                                                     (2000/C 192/04)
                          (2000/C 192/03)
                                                                                               (Language of the case: French)
                   (Language of the case: Spanish)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                          In Case C-256/98: Commission of the European Communities
                                                                           (Agents: P. Stancanelli and O. Couvert-Castéra) v French
In Case C-443/97: Kingdom of Spain, represented by R. Silva                Republic (Agents: K. Rispal-Bellanger and R. Nadal) — appli-
de Lapuerta, Abogado del Estado, acting as Agent, with an                  cation for a declaration that, by not adopting all the laws,
address for service in Luxembourg at the Spanish Embassy,                  regulations and administrative measures necessary to comply
4-6 Boulevard E. Servais, supported by Italian Republic (Agent:            with Council Directive 92/43/EEC of 21 May 1992 on the
U. Leanza, assisted by G. De Bellis), and Portuguese Republic,             conservation of natural habitats and of wild fauna and flora
(Agents: L. Fernandes and J. Viegas Ribeiro) v Commission                  (OJ 1992 L 206, p. 7), in that it has omitted to take the
of the European Communities (Agents: M. Dı́az-Llanos and                   measures necessary to comply with Article 6 thereof, the
P. Oliver) — application for the annulment of the Com-                     French Republic has failed to fulfil its obligations under that
mission’s internal guidelines of 15 October 1997 concerning                Directive and under the third paragraph of Article 189 of the
net financial corrections in the context of the application                EC Treaty (now the third paragraph of Article 249 EC) — the
of Article 24 of Council Regulation (EEC) No 4253/88 of                    Court (Fifth Chamber), composed of: D.A.O. Edward, President
19 December 1988 laying down provisions for implementing                   of the Chamber, J.C. Moitinho de Almeida, C. Gulmann (Rap-
Regulation (EEC) No 2052/88 as regards coordination of the                 porteur), J.-P. Puissochet and P. Jann, Judges; N. Fennelly,
activities of the different Structural Funds between themselves            Advocate General; D. Louterman-Hubeau, Administrator, for
and with the operations of the European Investment Bank and                the Registrar, has given a judgment on 6 April 2000, in which
the other existing financial instruments (OJ 1988 L 374, p. 1),            it: