CELEX: C1996/336/11
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 4 July 1996 in Case C-50/94: Hellenic Republic v. Commission of the European Communities (Clearance of EAGGF accounts - Expenditure for 1990)

No C 336/6               EN                     Official Journal of the European Communities                                  9 . 11 . 96
P. Leger, Registrar : D. Loutermann-Hubeau , Principal                      1 . Dismisses the application;
Administrator, has given a judgment on 2 July 1996 , in
which it :
                                                                           2 . Orders the Hellenic Republic to pay the costs.
1 . Declares that, in not restricting the requirement of                   (') OJ No C 132 , 14 . 5 . 1994 .
      Greek nationality to access to posts involving direct or             ( 2 ) OJ No L 301 , 1993 , p . 13 .
      indirect participation in the exercise of powers
      conferred by public law and duties designed to
      safeguard the general interests of the State or of other
      public authorities in the public sectors of water, gas and
      electricity distribution, the operational public health
      services, in the sectors of public education, transport
      by sea and air, railways, city and intercity public                                   JUDGMENT OF THE COURT
      transport, research for civil purposes, posts and
      telecommunications           and    radio      and   television                              (Third Chamber )
      broadcasting, and at the Athens Opera and in municipal                                         of 4 July 1996
      and local orchestras, the Hellenic Republic has failed to
      fulfil its obligations under Article 48 of the EC Treaty             in Case C-254/95 P: European Parliament v. Angelo
                                                                                                      Innamorati ( 1 )
      and Article I of Council Regulation (EEC) No 1612/68
      of 15 October 1968 on freedom of movement for                        (Appeal — Officials — Competitions — Rejection of
      workers within the Community;                                        candidature — Statement of reasons for the decision of a
                                                                                       selection board in an open competition)
2 . Orders the Hellenic Republic to pay the costs.                                                    ( 96/C 336/ 12 )
(') O J No C 370 , 24 . 12 . 1994 .                                                          (Language of the case: French)
( 2 ) OJ , English Special Ediditon 1968 ( II ), p. 475 .
                                                                           (Provisional translation; the definitive translation will be
                                                                                      published in the European Court Reports)
                                                                           In Case C-254/94 P : European Parliament ( Agents : Manfred
                                                                           Peter and Jose Luis Rufas Quintana ) — appeal against the
                 JUDGMENT OF THE COURT                                     judgment of the Court of First Instance of the European
                           ( Sixth Chamber)                                Communities of 30 May 1995 in Case T-289/94 Innamorati
                             of 4 July 1996                                v. Parliament ( 1995 ) ECR-SC 11-393 , seeking to have that
                                                                           judgment set aside, the other party to the proceedings being
in Case C-50/94 : Hellenic Republic v. Commission of the                   Angelo Innamorati ( represented by Jean-Noel Louis,
                     European Communities ( l )                            Thierry Demaseure, Veronique Leclercq and Ariane
      (Clearance of EAGGF accounts — Expenditure for                       Tornel ), the Court ( Third Chamber ), composed of: J. -P.
                                  .1990)                                   Puissochet ( Rapporteur ), President of the Chamber, J. C.
                             ( 96/C 336/ 11 )                              Moitinho de Almeida and C. Gulmann, Judges; N. Fennelly,
                                                                           Advocate-General; R. Grass , Registrar, has given a
                                                                           judgment on 4 July 1996 , in which it :
                   (Language of the case: Greek)
                                                                            1 . Sets aside the judgment of the Court of First Instance
(Provisional translation; the definitive translation will be                     of 30 May 1995 in Case T-289/94 Innamorati v.
            published in the European Court Reports)                             Parliament;
In Case C-50/94 : Hellenic Republic ( Agents : Vasileios                   2 . Dismisses Mr Innamorati 's application for annulment
Kontolaimos, Ioannis Chalkias, Christina Sitara and                              of the decision by which the Selection Board in Open
Vasileia Pelekou ) v. Commission of the European                                  Competition PE/59/A awarded him an eliminatory
Communities ( Agent: Xenophon Yataganas ) — application                          mark in the third written test in that competition and
for annulment of Commission Decision 93/659/EC of
                                                                                 refused to admit him to the other tests;
25 November 1993 on the clearance of the accounts
presented by the Member States in respect of the
expenditure for 1990 of the European Agricultural                           3 . Orders the parties to bear their own costs incurred in
Guidance and Guarantee Fund ( EAGGF ), Guarantee                                 these proceedings and in those before the Court of First
Section ( 2 ), in so far as it concerns the Hellenic Republic the                 Instance .
Court ( Sixth Chamber ), composed of: C. N. Kakouris,
President of the Chamber, G. Hirsch ( Rapporteur ) and                      (') OJ No C 268 , 14 . 10 . 1995 .
P. J. G. Kapteyn, Judges; N. Fennelly, Advocate-General ; H.
von Holstein, Deputy Registrar, has given a judgment on
4 July 1996 , in which it: