Case C-141/01 P: Appeal brought on 27 March 2001 by Confederazione Generale dell'Industria Italiana (Confindustria), established in Rome, Confederazione Generale Italiana del Commercio, del Turismo, dei Servizi e delle PMI (Confcommercio), Confartigianato, Associazione Bancaria Italiana (ABI), established in Rome, Associazione Nazionale fra le Imprese Assicuratrici (ANIA), established in Milan (Italy), and Banco di Napoli SpA, established in Naples (Italy) against the order made on 19 January 2001 by the Second Chamber, Extended
Date: 2001-06-30
Institutions: Court of Justice
Subjects: European Commission, Italy, action for annulment (EU), appeal, employment aid, vocational training

C 186/4

EN

Official Journal of the European Communities

30.6.2001

Thionville, with an address for service in Luxembourg at the
premises of Borislav Erdeljan, 90 Route de Thionville —
Appeal against the unpublished order of the Court of First
Instance of the European Communities (First Chamber) of
21 May 1999 in Cases T-169/98 and T-170/98 Schiocchet v
Commission, seeking to have that order annulled and to have
the forms of order sought by the appellant at first instance
granted, the other party to the proceedings being: Commission
of the European Communities (Agent: M. Wolfcarius, assisted
by J.-L. Fagnart) — The Court (Third Chamber), composed of:
C. Gulmann (Rapporteur), President of
the Chamber,
J.-P. Puissochet and F. Macken, Judges; S. Alber, Advocate
General; R. Grass, Registrar, has made an order on 16 Novem-
ber 2000, the operative part of which is as follows:

1.

2.

The appeal is dismissed.

Schiocchet SARL shall pay the costs.

(1) OJ C 281 of 2.10.1999.

2.

3.

accordingly, declare the application admissible and send
it back to the Court of First Instance for judgment (or for
a stay of proceedings pending delivery of the judgment
of the Court of Justice in Case C-310/99 Italy v Com-
mission);

order the Commission to pay the full costs incurred by
the appellants in respect of matters adjunct to proceedings
before the Court of First Instance and the present appeal
proceedings, reserving the costs of the main proceedings.

Pleas in law and main arguments

The contested order is vitiated by the following errors in law:

— infringement and misapplication of Articles 111 and 114

of the Rules of Procedure of the Court of First Instance;

— infringement and misapplication of the provisions of the
Rules of Procedure of the Court of First Instance with
regard to calculating procedural time-limits in the event
of publication of the contested act;

— failure to give reasons in relation to the legal arguments
for the application of the rules on time-limits invoked by
the appellant;

— in the alternative, error of law and failure to state reasons

with regard to the matter of excusable error.

Appeal brought on 27 March 2001 by Confederazione
Generale dell’Industria Italiana (Confindustria), estab-
lished in Rome, Confederazione Generale Italiana del
Commercio, del Turismo, dei Servizi e delle PMI
(Confcommercio), Confartigianato, Associazione Bancaria
Italiana (ABI), established in Rome, Associazione Naziona-
le fra le Imprese Assicuratrici (ANIA), established in Milan
(Italy), and Banco di Napoli SpA, established in Naples
(Italy) against the order made on 19 January 2001 by the
Second Chamber, Extended

Reference for a preliminary ruling by the Bundesfinanzh-
of by order of that court of 1 March 2001 in the case of
Kyocera Electronics Europe GmbH against Hauptzollamt
Krefeld

(Case C-141/01 P)

(2001/C 186/07)

(Case C-152/01)

(2001/C 186/08)

An appeal against the order made on 19 January 2001 by the
Second Chamber extended Composition, of the Court of First
Instance of the European Communities in Case T-126/00
between Confederazione Generale dell’Industria Italiana (Con-
findustria) and Others and the Commission of the European
Communities was brought before the Court of Justice of the
European Communities on 27 March 2001 by Confederazione
Generale dell’Industria Italiana (Confindustria) and the other
abovementioned companies.

The appellant claims that the Court should:

1.

set aside the order of the Court of First Instance of the
European Communities of 19 January 2001;

Reference has been made to the Court of Justice of the
European Communities by order of
the Bundesfinanzhof
(Federal Finance Court) of 1 March 2001, received at the Court
Registry on 9 April 2001, for a preliminary ruling in the case
of Kyocera Electronics Europe GmbH v Hauptzollamt Krefeld
on the following questions:

1. Must Article 3(2)(a) of Commission Regulation (EEC)
No 1495/80 (1) of 11 June 1980 implementing certain
provisions of Articles 1, 3 and 8 of Council Regulation
(EEC) No 1224/80 (2) on the valuation of goods for
customs purposes as amended by Regulation (EEC)
No 220/85 (3) be interpreted as meaning that payments
of interest are distinct from the price of the goods if at
the material time, namely the acceptance of the customs
declaration, only the invoice for the net price of the goods