CELEX: C1995/159/27
Language: en
Date: 1995-06-24 00:00:00
Title: Appeal by the Cassa Nazionale di Previdenza ed Assistenza a favore degli Avvocati e Procuratori against the Order of the Court of First Instance of the European Communities of 11 January 1995 in Case T-116/94, Cassa Nazionale di Previdenza ed Assistenza a favore degli Avvocati e Procuratori against the Council of the European Union (Case C-87/95 P)

No C 159/14           | EN                    Official Journal of the European Communities                                   24 . 6 . 95
Appeal by the Cassa Nazionale di Previdenza ed Assistenza a              aware of the factual situation affecting the appellant and
favore degli Avvocati e Procuratori against the Order of the             other Italian provident organizations, adopted a provision
Court of First Instance of the European Communities of                   intended specifically, given its effect, to exclude the
11 January 1995 in Case T-116/94 , Cassa Nazionale di                    appellant and similar Italian provident organizations from
Previdenza ed Assistenza a favore degli Avvocati e                       the benefit of the prohibition contained in Article 104a ( 1 )
  Procuratori against the Council of the European Union                  of the EC Treaty, contrary to the purpose of that provision.
                         ( Case C-87/95 P)                               Whilst it may be true in the abstract that the inadequacy of
                                                                         the alternative remedies available before the national courts
                            ( 95/C 159/27 )                              cannot give rise to an action for annulment under
                                                                         Article 173 of the EC Treaty, the fact that in this case an
An appeal was brought before the Court of Justice of the                 effective action before the courts is lacking, given the
European Communities on 20 March 1995 by the Cassa                       slowness of proceedings — especially civil proceedings — in
Nazionale di Previdenza ed Assistenza a favore degli                     Italy, gives rise to serious doubts as to the adequacy of the
Avvocati e Procuratori , with its registered office in Rome,             procedure for judicial review of the acts of Community
represented by Pietro Adonnino, Mario Sanino, Maurizio de                institutions and thus as to the effectiveness of the rights of
Stefano and Alberto Colabianchi, with an address for                     the defence .
service in Luxembourg at the Chambers of Marianne
Goebel, 1 Rue François Faber, against the order of the Court
                                                                         (M OJ No L 332 , 31 . 12 . 1993 , p . 4 .
of First Instance of the European Communities of
11 January 1 995 in Case T- 1 1 6/94 between the appellant
and the Council of the European Union.
The appellant claims that the Court should :
( a ) annul the order of the Court of First Instance of
      11 January 1994 in Case T- 1 1 6/94, in so far as it
      declared inadmissible the appellant's alternative claim            Appeal brought on 24 March 1995 by D against the
      for the annulment of the last indent of Article 4 ( 2 ) of         judgment delivered on 26 January 1995 by the Fourth
      Council Regulation ( EC ) No 3604/93 of 13 December                Chamber of the Court of First Instance of the European
                                                                         Communities in Case T-549/93 between D and the
      1993 specifying definitions for the application of the
      prohibition of privileged access referred to in                             Commission of the European Communities
      Article 1 04a of the Treaty ( 1 ) in so far as it provides that                           ( Case C-89/95 P)
      institutions forming part of the 'general government                                         ( 95/C 159/28 )
      sector ' defined in accordance with the ESA are excluded
      from the definition of ' financial institutions';
                                                                         An appeal against the judgment delivered on 26 January
( b ) if the state of the pleadings permits, grant the relief            1995 by the Fourth Chamber of the Court of First Instance
      sought by the appellant at first instance in its alternative       of the European Communities in Case T-549/93 between D
      claim    for the annulment         of the     last indent of       and the Commission of the European Communities was
      Article 4 ( 2 ) of the Regulation, in so far as it provides        brought before the Court of Justice of the European
      that institutions forming part of the 'general                     Communities on 24 March 1995 by D , represented by Eric
      government sector' defined in accordance with the ESA              Boigelot, with an address for service in Luxembourg at the
      are   excluded      from    the   definition     of  ' financial   Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim .
      institutions '; or
      refer the matter to the Court of First Instance for the            The appellant claims that the Court should :
      examination and determination of the merits;
                                                                         — annul the contested judgment ( l ) in its entirety,
(c ) order the Council to pay the costs of the proceedings
      and of the proceedings before the Court of First
      Instance .                                                         — itself rule on the dispute and, allowing the appellant's
                                                                             original application, annul the respondent's decision
                                                                             imposing on him the disciplinary measure referred to in
Pleas in law and main arguments adduced in support:                          Article 86 ( 2 ) ( f) of the Staff Regulations, namely,
                                                                             removal from post without withdrawal of entitlement to
The appellant maintains that its alternative claim against the               retirement pension, adopted on 30 September 1993 with
Council for the annulment of the last indent of Article 4 ( 2 )              effect from 1 December 1993 and prohibiting the
of Regulation ( EC ) No 3604/93 , in so far as it provides that              appellant from performing his duties until 30 November
institutions forming part of the 'general government sector'                 1993 , and, in so far as may be necessary, annul the
defined in accordance with the ESA are excluded from                         express decision rejecting the complaint against the said
the definition of ' financial institutions ' satisfies the                   disciplinary measure lodged by the appellant pursuant to
requirements for admissibility laid down by Article 173 of                   Article 90 ( 2 ) of the Staff Regulations on 23 February
the EC Treaty. The appellant argues essentially that, when                   1994 and notified on 24 February 1994, and,
adopting the contested Regulation, the Council, being                        consequently, rule that the respondent should reinstate