Case C-517/04: Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven by order of that court of 15 December 2004 in Visserijbedrijf D.J. Koornstra Zn. V.o.f. v Productschap Vis
Date: 2005-03-19
Institutions: Court of Justice
Subjects: Netherlands, competition law, customs regulations, export levy, import levy, interpretation of the law

C 69/4

EN

Official Journal of the European Union

19.3.2005

ORDER OF THE COURT

(Third Chamber)

of 14 December 2004

in Case C-1/04 SA Tertir-Terminais de Portugal SA v
Commission of the European Communities (1)

(Application for authorisation to serve a garnishee order on
the Commission of the European Communities)

(2005/C 69/08)

(Language of the case: French)

In Case C-1/04 SA: application for authorisation to serve a
garnishee order on the Commission of the European Commu-
nities brought on 15 March 2004 by Tertir-Terminais de
Portugal SA, established in Terminal do Freixieiro (Portugal),
(represented by G. Vandersanden, C. Houssa, L. Lévi and F.
lawyers) against Commission of the Euro-
Gonçalves Pereira,
pean Communities (Agents: I. Martinez del Peral Cagigal and F.
Clotuche-Duvieusart) – the Court (Third Chamber), composed
of A. Rosas, President of the Chamber, A. Borg-Barthet, S. von
Bahr (Rapporteur), J. Malenovský and A. Ó Caoimh, Judges; D.
Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar;
has made an order on 14 December 2004, the operative part
of which is as follows:

1. The action is dismissed.

2. Tertir-Terminais de Portugal SA shall pay the costs.

(1) OJ C 106 of 30.04.2004.

Reference for a preliminary ruling from the College van
Beroep voor het bedrijfsleven by order of that court of 15
December 2004 in Visserijbedrijf D.J. Koornstra Zn. V.o.f.
v Productschap Vis

(Case C-517/04)

(2005/C 69/09)

(Language of the case: Dutch)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the College van Beroep voor het
for Trade and Industry)
bedrijfsleven (Administrative Court

(Netherlands) of 15 December 2004 received at
the Court
Registry on 20 December 2004, for a preliminary ruling in the
proceedings between Visserijbedrijf D.J. Koornstra Zn. V.o.f.
and Productschap Vis (Fish Marketing Board) on the following
questions:

1. Is a charge, such as that in the present proceedings, levied
on an operator in a Member State for landing shrimp with a
fishing vessel registered in that Member State and used to
finance shrimp sieves and peelers in that Member State
consistent with Community law and,
in particular, with
if the charge is also payable on
Articles 25 and 90 EC,
shrimp landed by such an operator elsewhere in the Com-
munity?

2. Is the answer to this question affected by any of

the

following:

a. where the shrimps are caught;

b. whether, after being landed elsewhere in the Community,
the shrimps are transported to the Member State in
which the fishing vessel is registered;

c. whether, after the shrimps have been landed elsewhere in
for sieving and peeling is

the Community, payment
made in that place also?

Appeal brought on 27 December 2004 by the Kingdom of
Spain against the judgment delivered on 21 October 2004
by the Court of First Instance (Fifth Chamber, Extended
Composition) in Case T-36/99 between Lenzing AG and
the Commission of the European Communities, supported
by the Kingdom of Spain

(Case C-525/04 P)

(2005/C 69/10)

(Language of the case: German)

the European Communities

An appeal against the judgment of the Court of First Instance
of
(Fifth Chamber, Extended
Composition) of 21 October 2004 in Case T- 36/99 between
Lenzing AG and the Commission of the European Commu-
nities, supported by the Kingdom of Spain, was brought before
the European Communities on 27
the Court of
December 2004 by the Kingdom of Spain, represented by Juan
Manuel Rodríguez Cárcamo, Abogado del Estado, with an
address for service in Luxembourg.

Justice of