CELEX: C1995/268/41
Language: en
Date: 1995-10-14 00:00:00
Title: Appeal brought on 30 August 1995 by the Commission of the European Communities against the judgment delivered on 29 June 1995 by the First Chamber of the Court of First Instance of the European Communities sitting in extended composition in case T-37/91 between Imperial Chemical Industries plc and the Commission of the European Communities (Case C-286/95 P)

14 . 10 . 95           EN                    Official Journal of the European Communities                                  No C 268/ 19
2 . If Question 1 is to be answered in the affirmative :                Second limb of the plea :
     Is the termination of residence of such a worker by virtue         The Court of First Instance has further infringed
     of an expulsion order made solely on general preventive            Community law by holding, in points 84 and 85 of the
     grounds with a view to deterring other aliens compatible           judgment, that there is no limit of time for raising a new plea
     with Article 14 ( 1 ) of the abovementioned Decision ?             under Article 48 ( 2 ) of its Rules of Procedure.
                                                                        Third limb of the plea :
                                                                        In ordering the Commission to produce the text of the
Appeal brought on 30 August 1995 by the Commission of                   decision as authenticated at the time, the Court of First
the European Communities against the judgment delivered                 Instance infringed Community law, in so far as its order is
on 29 June 1995 by the First Chamber of the Court of First              based on a mistaken view of the rules governing the
Instance of the European Communities sitting in extended                procedure and the rules of proof and evidence; the Court of
composition in case T-37/91 between Imperial Chemical                   First Instance also made a mistake of reasoning in that it
Industries pic and the Commission of the European                       failed to explain in both the order of 25 October 1994 and
                          Communities                                   the judgment why it had concluded that it should order the
                       ( Case C-286/95 P)                               Commission to produce that text.
                           95/C 268/41
                                                                        Second plea for setting aside the judgment: infringement of
An appeal against the judgment delivered on 29 June 1995                Community law and lack of reasoning as concerns the
by the First Chamber of the Court of First Instance of the              purpose of authentication and the consequences of a failure
European Communities sitting in extended composition in                 to authenticate the decision at the time of its adoption.
Case T-37/91 between Imperial Chemical Industries pic and
the Commission of the European Communities, was
                                                                        First limb of the plea :
brought before the Court of Justice of the European
Communities on 30 August 1995 by the Commission of the                  The Court of First Instance has infringed Community law by
European Communities, represented by Julian Currall and                 holding, in particular in ground 91 of the judgment, that
Berend Jan Drijber, members of its Legal Service, acting as             authentication is a formal requirement which must be
agents, with an address for service in Luxembourg at the                observed independently of the existence or not of any
office of Carlos Gômez de la Cruz, Centre Wagner,                       evidence capable of casting doubt on the authenticity of the
Kirchberg.                                                              notified text .
The appellant claims that the Court should:
                                                                        Second limb of the plea :
1 , set aside the Court of First Instance's judgment of
     29 June 1995 in Case T-37/91 , Imperial Chemical                   The Court of First Instance infringed Community law and
     Industries pic v. Commission of the European                       made a mistake of reasoning in holding in grounds 88 , 90
     Communities ;                                                      and 92 that authentication must take place before the act is
                                                                        notified to the addressee, failing which it is void, and that the
                                                                        authentication carried out in this case was defective .
2 , dismiss the ground of annulment of the Commission's
     decision based upon the lack of authentication;
                                                                        Third limb of the plea :
3 , remit the case to the Court of First Instance pursuant to
     Article 54 of the Statute ( EC ) of the Court of Justice for a     The Court of First Instance has infringed Community law
     decision on the other grounds of annulment alleged                 and incidentally neglected its obligation to give reasons for
     against the Commission's decision;                                 its judgment by failing to consider whether the alleged defect
                                                                        was such as to affect the interests of the addressee of the
4 , order ICI to pay the costs of this appeal .                         decision .
Pleas in law and main arguments adduced in support:
First plea for the setting aside of the judgment: infringement
of Community law and lack of reasoning as regards the
admissibility of ICI's new plea for annulment, the
organization of the procedure and the rules of proof and
evidence .                                                              Action brought on 30 August 1995 by the Commission of
                                                                          the European Communities against the Italian Republic
First limb of the plea :                                                                       Case C-289/95 )
The Court of First Instance has infringed Community law by                                       ( 95/C 268/42
holding, at point 82 of the judgment, that the statements by
the Commission to which reference is made, can amount in
themselves to a new fact for the purposes of Article 48 ( 2 ) of        An action against the Italian Republic was brought before
its Rules of Procedure .                                                the Court of Justice of the European Communities on