CELEX: C1995/208/05
Language: en
Date: 1995-08-12 00:00:00
Title: References for a preliminary ruling from the Pretura Circondariale di Roma, Sezione Distaccata di Tivoli, by orders of that court of 25 March 1995 (C-154/95), 3 April 1995 (C-157/95), 3 May 1995 (C-174/95), 27 April 1995 (C-175/95) and 10 May 1995 (C-176/95) in the criminal proceedings pending before that court against Isidoro Narducci, Fulvio Smaldone, Siro Mattei, Bruno Belli and Armando Scrocca (Cases C-154/95, C-157/95, C-174/95, C-175/95 and C-176/95)

12 . 8 . 95             EN                  Official Journal of the European Communities                                  No C 208/3
           EEC/USA agreement concluded under GATT, if it is              Action brought on 17 May 1995 by the Kingdom of
           found that the contested Regulation is based on               Belgium against the Commission of the European
           those provisions .                                                                         Communities
                                                                                                  ( Case C-155/95 )
  — As regards the improper exclusion of the overshoot of                                            ( 95/C 208/06 )
       the MGA by the Portuguese producers from the
       calculation of the overall overshoot of the Specific Basic
       Area allocated to the Community as a whole :                      An action against the Commission of the European
                                                                         Communities was brought before the Court of Justice of the
       — The exclusion of Portugal from the benefit of                   European Communities on 17 May 1995 by the Kingdom of
           weighting of the overshoot of the Specific Base Area          Belgium, represented by J. Devadder, Director of
           in the Community as a whole has no basis in Article           Administration in the Ministry of Foreign Affairs, Foreign
           5 ( 1 ) ( f) of Regulation ( EEC ) No 1765/92 , as            Trade and Cooperation with Developing Countries, acting
           amended by Regulation ( EEC ) No 232/94 which                 as Agent, with an address for service in Luxembourg at the
           applied the Blair House Agreement within the                  Belgian Embassy, 4 Rue des Girondins .
           Community; it infringes Article 6 of that agreement;
           it also contravenes the principle of equality as
           between the Member States regarding enjoyment of              The applicant claims that the Court should :
           the benefits deriving from Community legislation,
           according to which no exclusion of any of them is             — annul Commission Regulation ( EC ) No 479/95 of
           justified; and the exclusion is discriminatory in that it           1 March 1995 introducing transitional measures for the
           is based on the nationality of certain producers .                  application of the tariff quota arrangements for the
                                                                               import of bananas as a result of the accession of Austria,
  (•) OJ No L 36 , 16 . 2 . 1995 , p . 2 .                                     Finland and Sweden for the second quarter of 1995 and
  (2 ) OJ No L 181 , 1 . 7. 1992 , p . 12,                                     order the Commission to pay the costs ( x ).
  (•') OJ No L 30, 3 . 2 . 1994 , p . 7.
                                                                         The pleas in law and main arguments adduced in support are
                                                                         the same as those relied on against Regulation ( EC )
                                                                         No 3303/94 in Case C-71 /95 ( 2 ).
                                                                         (») OJ No L 49 , 4 . 3 . 1995 , p . 18 .
  References for a preliminary ruling from the Pretura                   ( 2 ) OJ No C 159 , 24 . 6 . 1995 , p. 13 .
  Circondariale di Roma, Sezione Distaccata di Tivoli, by
  orders of that court of 25 March 1995 ( C-154/95 ), 3 April
  1995 ( C-157/95 ), 3 May 1995 ( C-174/95 ), 27 April 1995
  ( C-175/95 ) and 10 May 1995 ( C-176/95 ) in the criminal
  proceedings pending before that court against Isidoro
  Narducci, Fulvio Smaldone, Siro Mattei, Bruno Belli and
                           Armando Scrocca
  ( Cases C-154/95 , C-157/95 , C-174/95 , C-175/95 and
                                                                         Action brought on 17 May 1995 by the Kingdom of
                                C-176/95 )
                                                                         Belgium against the Commission of the European
                             ( 95/C 208/05 )                                                          Communities
                                                                                                  ( Case C-156/95 )
  Reference has been made to the Court of Justice of the                                             ( 95/C 208/07 )
  European Communities by orders of the Pretura
  Circondariale di Roma, Sezione Distraccata di Tivoli ( Rome
  District Magistrates' Court, Tivoli Division ) of 25 March             An action against the Commission of the European
  1995 ( C-154/95 ), 3 April 1995 ( C-157/95 ), 3 May 1995               Communities was brought before the Court of Justice of the
  ( C-174/95 ), 27 April 1995 ( C-175/95 ) and 10 May 1995               European Communities on 17 May 1995 by the Kingdom of
  ( C-176/95 ), which were received at the Court Registry on             Belgium, represented by J. Devadder, Flead of Department
  15 May 1995 ( C-154/95 ), 19 May 1995 ( C-157/95 ), 6 June             at the Ministry of Foreign Affairs, Foreign Trade and
  1995 ( C-174/95 and C-175/95 ) and 7 June 1995                         Cooperation with Developing Countries, with an address
  ( C-176/95 ), for a preliminary ruling in the criminal                 for service in Luxembourg at the Belgian Embassy, 4 Rue des
  proceedings pending before that court against Isidoro                  Girondins .
£
  Narducci, Fulvio Smaldone, Siro Mattei, Bruno Belli     .
                                                               and
  Armando Scrocca on questions which are identical with
  those in Cases C-135/95 , C-140/95 and C-151/95 (*).                   The applicant asks the Court to annul Commission
                                                                         Regulation ( EC ) No 510/95 of 7 March 1995 on the
  (') OJ No C 159 , 24 . 6 . 1995 .
                                                                         exceptional allocation of a quantity additional to the tariff
                                                                         quota for imports of bananas during the first quarter of
                                                                          1995 as a result of tropical storm Debbie (*) and order the
                                                                          Commission to pay the costs .