CELEX: C1996/354/26
Language: en
Date: 1996-11-23 00:00:00
Title: ORDER OF THE COURT (First Chamber) of 17 September 1996 in Case C-19/95 P: San Marco Impex Italiana Srl v. Commission of the European Communities (Appeal - Public work contract - Article 178 and the second paragraph of Article 215 of the Teaty)

23 . 11 . 96        1 EN |                 Official Journal of the European Communities                               No C 354/ 13
suffered as a result of his wrongful imprisonment has not yet                           ORDER OF THE COURT
been made good — the Court (Third Chamber), composed                                         ( Fourth Chamber )
of J. -P. Puissochet, President of Chamber, J. C. Moitinho de
Almeida ( Rapporteur) and C. Gulmann, Judges; A. Pergola ,                                     of 11 July 1996
Advocate-General; R. Grass, Registrar, made an order on               in Case C-325 /94 P: An Taisce — The National Trust for
12 June 1996 , the operative part of which is as follows :            Ireland and World Wide Fund for Nature UK ( WWF ) v.
                                                                             Commission of the European Communities ( 1 )
The Court manifestly has no jurisdiction to reply to the              (Appeal — Actionable decision — Appeal clearly
question referred for a preliminary ruling by the Tribunal de                                       unfounded)
Commerce, Marseille, by judgment of 1 March 1996.                                                ( 96/C 354/25 )
(') OJ No C 158 , 1 . 6 . 1996 .                                                     (Language of the case: English)
                                                                      (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
                                                                      In Case C-325/94 P : An Taisce — The National Trust for
                  ORDER OF THE COURT
                                                                      Ireland and World Wide Fund for Nature UK ( WWF )
                        ( Third Chamber )                             (represented by George Berrisch ) — appeal against the
                         of 12 June 1996                              judgment of the Court of First Instance of the European
                                                                      Communities ( Second Chamber ) of 23 September 1994 in
in Case C-96/96 ( reference for a preliminary ruling from the         Case T-461 /93 between An Taisce and WWF UK and the
Tribunal de Commerce de Marseille ): URSSAF ( Union de                Commission [ 1994] ECR 11-733 , seeking to have that
Recouvrement des Cotisations de Sécurité Sociale et
                                                                      judgment set aside, the other party to the proceedings being
d'Allocations Familiales ) des Bouches-du-Rhône v. Clinique           the Commission of the European Communities ( Agents :
                           Florens SA (M                              Carmel O'Reilly and Marc van der Woude ) — the Court
(Reference for a preliminary ruling — Lack ofjurisdiction of          ( Fourth Chamber ), composed of: C. N. Kakouris , President
                         Court ofJustice)                             of the Chamber, P. J. G. Kapteyn and H. Ragnemalm
                           ( 96/C 354/24 )                             ( Rapporteur ), Judges; A. La Pergola , Advocate-General ; R.
                                                                      Grass, Registrar, has made an order on 11 July 1996 in
                                                                      which it :
                (Language of the case: French)
                                                                       1 . dismisses the appeal;
(Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                      2 . orders the appellants to pay the costs .
In Case C - 95/96 : reference under Article 177 of the EC
                                                                       (') OJ No C 386 , 31 . 12 . 1994 .
Treaty by the Tribunal de Commerce [Commercial Court],
Marseille ( France ) for a preliminary ruling in the case
pending before that court between URSSAF ( Union de
Recouvrement des Cotisations de Sécurité Sociale et
d' Allocations Familiales )       des Bouches-du-Rhone and
Clinique Florens SA on the question whether it is possible to
request the opening of proceedings for redressement                                     ORDER OF THE COURT
judiciaire ( judicial settlement) involving a person who has
                                                                                                (First Chamber )
been charged with and acquitted of a criminal offence,
where the damage suffered as a result of his wrongful                                      of 17 September 1996
 imprisonment has not yet been made good — the Court                   in Case C-19/95 P: San Marco Impex Italiana Sri v.
 ( Third Chamber), composed ofJ. -P. Puissochet, President of                 Commission of the European Communities ( J )
 Chamber, J. C. Moitinho de Almeida ( Rapporteur ) and C.
 Gulmann, Judges; A. La Pergola , Advocate-General; R.                  (Appeal — Public work contract — Article 178 and the
 Grass, Registrar, made an order on 12 June 1996 , the                        second paragraph of Article 215 of the Teaty)
 operative part of which is as follows :                                                          ( 96/C 354/26 )
 The Court manifestly has no jurisdiction to reply to the                             (Language of the case: English)
 question referred for a preliminary ruling by the Tribunal de
 Commerce, Marseille, by judgment of 1 March 1996 .                     (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
 (') OJ No C 158 , 1 . 6 . 1996 .
                                                                        In Case C-19/95 : San Marco Impex Italiana Sri ( represented
                                                                        by Lucette Defalque ) — appeal for the annulment of the
 ---pagebreak--- No C 354/ 14           EN                Official Journal of the European Communities                                23 . 11 . 96
judgment delivered by the Court of First Instance of the            24 September 1996, the operative part of which is as
European Communities ( Fifth Chamber ) on 16 November               follows :
1994 in Case T-451 /93 San Marco v. Commission [ 1994]
ECR 11-1061 , and for compensation for the damage
allegedly suffered by the appellant in relation to a public         1 . When committing expenditure in implementation of its
works contract concluded by it with the Government of the               circular of 2 May 1996 inviting applications for
Somali Democratic Republic, the other party to the                      Commission funding of measures to assist the elderly
proceedings being the Commission of the European                        and of its circular received by the United Kingdom
Communities ( Agents: Hans Peter Hartvig and Claire Bury )              authorities on 15 May 1996 inviting applications for
— the Court ( First Chamber ), composed of D. A. O. Edward              Commission funding of measures to combat poverty
( Rapporteur ), President of the Chamber, P. Jann and L.                and social exclusion, the Commission shall clearly state
Sevon, Judges; Advocate-General : N. Fennelly, Registrar: R.            that such commitments are conditional upon the
Grass, made an order on 17 September 1996 , the operative               judgment of the Court in the main proceedings and shall
part of which is as follows :                                           make no payment until that judgment is delivered.
                                                                    2.  Costs are reserved.
1 . The appeal is dismissed.
                                                                    (') OJ No C 269 , 14 . 9 . 1996 .
2 . San Marco Impex Italiana is ordered to bear its own
      costs and to pay those incurred by the Commission.
t 1 ) OJ No C 74, 1995 .
                                                                    Action brought on 26 August 1996 by the Federal Republic
                                                                    of Germany against the Commission of the European
                                                                                               Communities
                                                                                           ( Case C-288/96 )
      ORDER OF THE PRESIDENT OF THE COURT                                                     ( 96/C 354/28 )
                     of 24 September 1996
in Joined Cases C-239/96 R and C-240/96 R: United                   An action against the Commission of the European
Kingdom of Great Britain and Northern Ireland supported             Communities was brought before the Court of Justice of the
by Federal Republic of Germany v. Commission of the                 European Communities on 26 August 1996 by the Federal
                   European Communities (*)                         Republic of Germany, represented by Bernd Kloke,
(Applications for interim measures — Social policy —                Oberregierungsrat, of the Federal Ministry of Economic
Community measures to assist the elderly — Community                Affairs, and Michael Schiitte, Rechtsanwalt, of Bruckhaus
       measures to combat poverty and social exclusion)             Westrick Stegemann, Brussels .
                          96/C 354/27
                                                                    The applicant claims that the Court should :
                 (Language of the case: English)
                                                                    — declare Commission Decision COM(96)1646 def. of
                                                                        29 May 1996 on aid from Niedersachsen to JAKO
(Provisional translation; the definitive translation will be            Jadekost GmbH & Co. KG void;
          published in the European Court Reports)
                                                                    — order the Commission to pay the costs .
In Joined Cases C-239/96 R and C-240/96 R: United
Kingdom of Great Britain and Northern Ireland ( Agents:             Pleas in law and main arguments adduced in support:
John Collins and Derrick Wyatt ), supported by Federal
Republic of Germany ( Agents : Ernst Roder and Bernd
Kloke ), against Commission of the European Communities             Infringement of the right to be heard : the Commission did
                                                                    not make available to Niedersachsen or the Federal
 ( Agents : Peter Oliver and Maria Patakia ) — application for
suspension of operation of the decisions or acts comprised          Republic of Germany the observations submitted by
or referred to in the Commission circular of 2 May 1996             competitors of Jadekost which apparently influenced the
                                                                    Commission 's decision .
inviting applications for Commission funding of measures
to assist the elderly and in the Commission circular received
by the United Kingdom authorities on 15 May 1 996 inviting          Breach of essential procedural requirements ( Article 173 ,
applications for Commission funding of measures to                  second paragraph, of the EC Treaty ): the Commission's
combat poverty and social exclusion, or for interim                 investigation of the facts was inadequate and its account of
measures — the President of the Court made an order on              them in the decision is inaccurate .