CELEX: C1998/094/12
Language: en
Date: 1998-03-28 00:00:00
Title: Appeal brought on 29 December 1997 by Deutsche Bahn AG against the judgment delivered on 21 October 1997 by the First Chamber, Extended Composition, of the Court of First Instance of the European Communities in Case T-229/94 between Deutsche Bahn AG and the Commission of the European Communities (Case C-436/97 P)

C 94/6                EN                  Official Journal of the European Communities                                   28.3.98
The power allowed to Member States to derogate from                  Ð Infringement of the evidential principles of the rule of
the principle of the unity of excise duties (taxes and                   law, applicable in penal proceedings, that the
structure) and maintain or create additional national                    imposition of severe penalties may not be based on an
charges for specific purposes in respect of a single product             assessment of the evidence which manifestly violates
or a single category of products may only be construed                   the rules of thought and logic. The appellant submits
strictly. Any other construction would undermine the                     in the present appeal that the contradictions which
effectiveness of Community legislation on products subject               have been pointed out in the contested judgment are
to duty since it would give rise to the establishment of                 manifest and follow from the Court of First Instance's
parallel' national indirect taxation which would call in                own findings, so that there is no need for any further
question the objectives of Directive 92/12/EEC in the                    examination of the facts by the Court of Justice.
context of the internal market.
                                                                     Ð Infringement of the principle of the rule of law in
(1) OJ L 76, 23.3.1992, p. 1.                                            dubio pro reo, which states that in penal proceedings
(2) OJ L 316, 31.10.1992, p. 29.                                         full proof of the offence is required and doubts and
                                                                         uncertainties regarding the evidence must be assessed
                                                                         in favour of the accused and exclude the imposition of
                                                                         penalties. The presumption of innocence is a
                                                                         fundamental principle which corresponds to the
                                                                         generally accepted view of the rule of law and is
Appeal brought on 29 December 1997 by Deutsche Bahn                      furthermore codified in Article 6(2) of the European
AG against the judgment delivered on 21 October 1997                     Convention for the Protection of Human Rights and
by the First Chamber, Extended Composition, of the                       Fundamental Freedoms, and hence to be respected by
Court of First Instance of the European Communities in                   the European Union via Article F(2) of the EU Treaty
Case T-229/94 between Deutsche Bahn AG and the                           as a fundamental right. The in dubio pro reo principle
          Commission of the European Communities                         applies not only in the field of criminal law in the
                      (Case C-436/97 P)                                  strict sense, but also in the law of administrative
                                                                         offences.
                         (98/C 94/12)
                                                                     (1) OJ C 387, 20.12.1997, p. 14.
An appeal against the judgment delivered on 21 October
1997 by the First Chamber, Extended Composition, of the
Court of First Instance of the European Communities in
Case T-229/94 between Deutsche Bahn AG and the
Commission of the European Communities was brought
before the Court of Justice of the European Communities              Appeal brought on 30 December 1997 by Wirtschaftsver-
on 29 December 1997 by Deutsche Bahn AG, represented                 einigung Stahl, Thyssen Stahl AG, Preussag Stahl AG and
by Jochim Sedemund, Rechtsanwalt, of Deringer, Tessin,               Hoogovens Staal BV against the judgment delivered on
Herrmann & Sedemund, Berlin, with an address for                     24 October 1997 by the First Chamber, Extended
service in Luxembourg at the Chambers of Aloyse May,                 Composition, of the Court of First Instance of the
31 Grand Rue.                                                        European Communities in Case T-244/94 between Wirt-
                                                                     schaftsvereinigung Stahl, Thyssen Stahl AG, Preussag Stahl
The appellant claims that the Court should:                          AG and Hoogovens Groep BV and the Commission of the
                                                                     European Communities, supported by the Council of the
Ð set aside the judgment of the Court of First Instance     of       European Union, the Italian Republic and Ilva Laminati
     the European Communities of 21 October 1997 (1)         in                                Piani SpA
     Case T-229/94 Deutsche Bahn AG v. Commission,           in                            (Case C-441/97 P)
     so far as it dismissed the application for annulment   of
                                                                                             (98/C 94/13)
     Articles 2 to 4 of the Commission's decision           of
     29 March 1994 (IV/33.941 Ð HOV-SVZ/MCN),
                                                                     An appeal against the judgment delivered on 24 October
Ð annul Articles 2 to 4 of the said Commission Decision,             1997 by the First Chamber, Extended Composition, of the
                                                                     Court of First Instance of the European Communities in
Ð order the Commission to pay the costs.                             Case T-244/94 between Wirtschaftsvereinigung Stahl,
                                                                     Thyssen Stahl AG, Preussag Stahl AG and Hoogovens
                                                                     Groep BV and the Commission of the European
Pleas in law and main arguments adduced in support:                  Communities, supported by the Council of the European
                                                                     Union, the Italian Republic and Ilva Laminati Piani SpA
Ð Infringement of the principle of the rule of law,                  was brought before the Court of Justice of the European
     applicable in penal proceedings generally, that the             Communities on 30 December 1997 by Wirtschaftsvereini-
     offence complained of must be sufficiently certain to           gung Stahl, Thyssen Stahl AG, Preussag Stahl AG and
     make the necessary proof and examination of that                Hoogovens Staal BV (formerly Hoogovens Groep BV),
     proof possible at all; infringement of the general              represented by Jochim Sedemund, Rechtsanwalt, of
     obligation to state reasons, which applies to courts            Deringer, Tessin, Herrmann & Sedemund, Berlin, and Erik
     too.                                                            H. Pijnacker Hordijk, Advocaat, of De Brauw, Blackstone,