CELEX: C1996/370/06
Language: en
Date: 1996-12-07 00:00:00
Title: Reference for a preliminary ruling from the Tribunal des Affaires de Sécurité Sociale d'Evry, by judgment of that court of 28 May 1996, in the case of Ourdia Djabali v. Caisse d'Allocations Familiales de l'Essonne (Case C-314/96)

7 . 12 . 96             EN |                 Official Journal of the European Communities                                     No C 370/ 3
( Presidents of Chambers ), C. N. Kakouris, P. J. G. Kapteyn,           however, accepted that the power of initiative of the
C. Gulmann, D. A. O. Edward ( Rapporteur ), J. -P.                      Commission can authorize pilot studies and preparatory
Puissochet, G. Hirsch and M. Wathelet, Judges; C. O. Lenz,              action, properly so called .
Advocate-General; D. Louterman-Hubeau, Principal
Administrator, for the Registrar, gave a judgment on
 15 October 1996 , the operative part of which is as follows:           In the present case, the United Kingdom does not accept
                                                                        that the power of initiative justified or would justify the
 1 . The Commission, in exercising its powers under                     Commission in incurring the expenditure in issue . The
      Articles 92 and 93 of the EEC Treaty, could adopt the             funding which has been incurred and the further funding
     guidelines for the examination of State aids in the                which is proposed has resulted or would result in
     fisheries sector (OJ No C 313, 1988, p. 21 ), which                expenditure in pursuit of a policy which has already been
      require compliance, not only with criteria pertaining             ' bench tested' under the Youth for Europe programme .
      exclusively to competition policy, but also with those            Further, it is clear that the Commission does not intend to
      applicable in relation to the common fisheries policy,            conduct any proper appraisal of the results of the 'pilot
      even if the Council had not expressly authorized it to do         action' prior to making their proposal for a multiannual
      so .
                                                                        European voluntary service programme. In reality, the 'pilot
                                                                        action' therefore amounts to the launch of the European
                                                                        voluntary service prior to the adoption of the necessary
2 . A Member State, such as the Netherlands, which is                   basic measure .
      subject to the obligation of cooperation under
      Article 93 (1 ) of the Treaty and which has accepted the
      rules laid down in the guidelines must apply those                Furthermore, the decision or decisions are procedurally
      guidelines when deciding on an application for aid for            defective in that they are not supported by adequate
      the construction of a fishing vessel intended to form             reasoning.
      part of one of the Community fleets, irrespective of the
      area in which it fishes.
                                                                         (') Commission press release of 10 July 1996 ( IP/96/632 )
 (') OJ No C 392 , 31 . 12 . 1994 .
                                                                              announcing grants for European voluntary service projects .
 Action brought on 20 September 1996 by the United                       Reference for a preliminary ruling from the Tribunal des
 Kingdom against the Commission of the European                          Affaires de Securite Sociale d'Evry, by judgment of that
                              Communities                                court of 28 May 1996, in the case of Oufdia Djabali v.
                           ( Case C-305/96 )                                       Caisse d'Allocations Familiales de l'Essonne
                             ( 96/C 370/05 )                                                       Case C-314/96 )
                                                                                                    96/C 370/06 )
 An action against the Commission of the European
 Communities was brought before the Court of Justice of the
 European Communities on 20 September 1996 by the                        Reference has been made to the Court of Justice of the
 United Kingdom, represented by Mr John E. Collins,                      European Communities by a judgment of the Tribunal des
 Assistant Treasury Solicitor, acting as Agent, assisted by Mr           Affaires de Securite Sociale d'Evry ( Social Security Court,
  Derrick Wyatt, QC, and Ms Helen Davies, Barrister, of the              Evry ) of 28 May 1996 , which was received at the Court
  English Bar, with an address for service in Luxembourg at              Registry on 26 September 1996 , for a preliminary ruling in
  the British Embassy, 14 Boulevard Roosevelt.                           the case of Ourdia Djabali v. Caisse d'Allocations
                                                                         Familiales de l'Essonne on the following question :
  The applicant seeks the annulment of the decision *Or
  decisions referred to in or comprised in the press release of
  the Commission of 10 July 1996 0 ) without prejudice to                Does Article 39 of Council Regulation ( EEC ) No 2210/78
  the competence of the Court of Justice to declare the                   of 26 September 1978 concerning the conclusion of the
  decision or decisions in issue of definitive effect.                    Cooperation Agreement between the EEC and the People's
                                                                         Democratic Republic of Algeria ( ] ) apply to Mrs Djabali in
                                                                          regard to the award of a disabled adults' allowance where
  The applicant asks for costs against the Commission                     she has never been employed but will be entitled, possibly
  pursuant to Article 69 of the Rules of Procedure .                      in December 1997, to a pension in her capacity as a 'non­
                                                                          working mother' ( mere au foyer )?
  Pleas in law and main arguments adduced in support:
                                                                          (!) OJNoL263 , 27. 9 . 1978 , p . 1 .
  All Community expenditure must be based on both a
  budgetary appropriation and a basic measure . It is,