C-285/90
ECLI:EU:C:1991:84
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Case C-285/90
Konstantinos Tsitouras and Others v Hellenic Republic
(Patent lack of jurisdiction)
Order of the Court, 27 February 1991 787
Summary of the Order
Application jar annulment — Measures adopted by national authorities — No jurisdiction vested in the Court (Rules of Procedure, Art. 92(1))
Since no provision of the EEC Treaty seeking to have judgments delivered by provides for the possibility for a natural or national courts set aside, it is clear that the legal person to bring before the Court an Court has no jurisdiction to hear such an action directed against a Member State and action.
ORDER OF THE COURT 27 February 1991 *
In Case C-285 / 90 ,
Konstantinos Tsitouras, Georgios Kalikas and Georgios Lappas, residing in Piraeus, represented by G. Davakis, of the Paris Bar, with an address for service in Luxembourg at the premises of Elias Kypreos , 57-59 rue A. Meyer ,
applicants,
* Language of the case Greek.
I-787
ORDER OF 27. 2. 1991—CASE C-285/90
V
Hellenic Republic,
defendant,
APPLICATION to set aside Judgment No 53/1989 of the Anotato Eidiko Dikastirio (Superior Special Court) and Judgment No 158/1989 of the Areios Pagos (Supreme Court) concerning the election in Greece of members of the European Parliament,
THE COURT ,
composed of: O. Due, President, G. F. Mancini, T. F. O'Higgins, J. C. Moitinho de Almeida, G. C. Rodríguez Iglesias and M. Diez de Velasco (Presidents of Chambers), Sir Gordon Slynn, C. N . Kakouris, R. Joliét, F. A. Schockweiler, F. Grévisse, M. Zuleeg and P. J. G. Kapteyn, Judges,
Advocate General: C . O . Lenz, Registrar: J.-G. Giraud,
after hearing the views of the Advocate General,
makes the following
Order
1 By application lodged at the Court Registry on 18 September 1990, the applicants brought an action against the Hellenic Republic seeking in substance, to have Judgment No 53/1989 of the Anotato Eidiko Dikastirio and Judgment No 158/1989 of the Areios Pagos set aside.
I-788
TSITOURAS AND OTHERS v GREECE
2 The judgments in question were delivered in proceedings between the applicants, who were candidates of the Vasilofronon Ethinikon Agoniston party in the election in Greece of members of the European Parliament, and the Greek auth orities concerning the prohibition imposed upon the applicants of using the term 'Vasilofronon' in the name of their party.
3 Under Article 92(1) of the Rules of Procedure 'Where it is clear that the Court has no jurisdiction to take cognizance of an application lodged with it in pursuance of Article 38(1), the Court may by reasoned order declare the application inad missible. Such a decision may be adopted even before the application has been served on the party against whom it is made'.
4 No provision in the EEC Treaty provides for the possibility for a natural or legal person to bring before the Court an action directed against a Member State and seeking to have judgments delivered by national courts set aside.
5 Since it is clear that the Court has no jurisdiction in the present case, it must be declared pursuant to Article 92(1) of the Rules of Procedure, even before the application has been served on the party against whom it is made, that the application is inadmissible.
6 Under Article 69(2) of the Rules of Procedure the unsuccessful party is to be ordered to pay the costs. Since the applicants have failed in their submissions they must be ordered to pay the costs.
I-789
ORDER OF 27. 2. 1991—CASE C-285/90
On those grounds,
THE COURT hereby:
(1) Dismisses the application as inadmissible;
(2) Orders the applicants to pay the costs.
Delivered in open court in Luxembourg on 27 February 1991.
J.-G. Giraud O. Due Registrar President
I-790