Order of the Court (Fifth Chamber) of 10 July 2001 in Case C-86/00 (reference for a preliminary ruling from the Amtsgericht Heidelberg): HSB-Wohnbau GmbH (Reference for a preliminary ruling — Entry in the commercial register of the transfer of a company's registered office — Lack of jurisdiction of the Court)
Date: 2001-10-13
Institutions: Court of Justice
Subjects: Germany, Spain, interpretation of the law, transfer of businesses

13.10.2001

EN

Official Journal of the European Communities

C 289/7

Saccarifera Italiana Agroindistriale SpA (ISI), established in
Padua, Italy, Sadani Zuccerifici, a division of SECI — Società
Esercizi Commerciali Industriali SpA, established in Bologna,
Italy, Sadam Castigliognese SpA, established in Bologna, Sadam
Abruzzo SpA, established in Bologna, Zuccherificio del Molise
SpA, established in Termoli, Italy, Società Fondiaria Industriale
Romagnola SpA (SFIR), established in Cesena, Italy, represent-
ed by B. O’Connor, Solicitor, and I. Vigliotti, avvocato, —
appeal against the order of the Court of First Instance of the
European Communities (First Chamber) of 8 July 1999 in Case
T-158/95 Eridania and Others v Council [1999] ECR II-2219,
seeking to have that order set aside, the other parties to the
proceedings being, Council of the European Union (Agents:
I. Dı´ez Parra and J.P. Hix), Commission of the European
Communities (Agent: F.P. Ruggeri Laderchi) and Ponteco
Zuccheri SpA, established in Pontelagoscuro, Italy — the Court
(Second Chamber), composed of V. Skouris, President of the
Chamber, R. Schintgen and N. Colneric (Rapporteur), Judges;
J. Mischo, Advocate General; R. Grass, Registrar, has given a
judgment on 28 June 2001, in which it:

1. Dismisses the appeal;

2. Orders Eridania SpA, Industria Saccarifera Italiana Agroindis-
triale SpA (ISI), Sadam Zuccerifici, a division of SECI
Industriali SpA, Sadam
— Società Esercizi Commerciali
Castigliognese SpA, Sadam Abruzzo SpA, Zuccherificio del
Molise SpA and Società Fondiaria Industriale Romagnola SpA
(SFIR) jointly to pay the costs;

3. Orders the Commission to bear its own costs.

(1) OJ C 352, 4.12.1999.

ORDER OF THE COURT

(Fifth Chamber)

of 10 July 2001

ruling in connection with an application for registration in the
commercial register made by HSB-Wohnbau GmbH, on the
interpretation of Articles 43 EC and 48 EC — the Court (Fifth
Chamber), composed of: A. La Pergola, President of
the
Chamber, M. Wathelet (Rapporteur), P. Jann, L. Sevo´ n and
S. von Bahr,
Judges; D. Ruiz-Jarabo Colomer, Advocate
General; R. Grass, Registrar, has made an order on 10 July
2001, in which it has ruled:

The Court of Justice of the European Communities clearly has no
jurisdiction to answer the questions put by the Amtsgericht Heidelberg
in its order of 3 March 2000.

(1) OJ C 149 of 27.5.2000.

ORDER OF THE COURT

(First Chamber)

of 12 July 2001

in Case C-102/00 (reference for a preliminary ruling from
the Hoge Raad der Nederlanden): Welthgrove BV v
Staatssecretaris van Financiën (1)

(Article 104(3) of the Rules of Procedure — Article 4 of the
Sixth VAT Directive — Economic activity — Involvement of
a holding company in the management of its subsidiaries)

(2001/C 289/13)

(Language of the case: Dutch)

in Case C-86/00 (reference for a preliminary ruling from
the Amtsgericht Heidelberg): HSB-Wohnbau GmbH (1)

(Reference for a preliminary ruling — Entry in the commer-
cial register of the transfer of a company’s registered office
— Lack of jurisdiction of the Court)

(2001/C 289/12)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-86/00: reference to the Court under Article 234 EC
from the Amtsgericht Heidelberg (Germany), for a preliminary

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-102/00: reference to the Court under Article 234
from the Hoge Raad der Nederlanden (Supreme Court of the
Netherlands)
(Netherlands) for a preliminary ruling in the
proceedings pending before that court between Welthgrove
BV and Staatssecretaris van Financiën — on the interpretation
of Article 4, Article 11A(1)(a) and Article 13B(d)(5) of Sixth
Council Directive 77/388/EEC of 17 May 1977 on the
harmonisation of the laws of the Member States relating to
turnover taxes — Common system of value added tax: uniform
basis of assessment (OJ 1977 L 145, p. 1) — the Court
(First Chamber), composed of: M. Wathelet, President of the
Chamber, P. Jann and L. Sevo´ n (Rapporteur), Judges; C. Stix-
Hackl, Advocate General; R. Grass, Registrar, has given an
order on 12 July 2001, the operative part of which is as
follows: