Case C-168/05: Reference for a preliminary ruling from the Audiencia Provincial de Madrid by order of that court of 15 February 2005 in the proceedings between Elisa María Mostaza Claro v Centro Movil Milenium, S.L.
Date: 2005-06-25
Institutions: Court of Justice
Subjects: action for annulment, arbitration, consumer protection, contract, interpretation of the law, unfair terms of contract

C 155/4

EN

Official Journal of the European Union

25.6.2005

Reference for a preliminary ruling from the Commissione
Tributaria Regionale di Firenze, Sezione 33, by order of
that court of 23 March 2005 in the proceedings between
Villa Maria Beatrice Hospital Srl and Agenzia Entrate —
Ufficio Firenze 1

(Case C-155/05)

(2005/C 155/07)

(Language of the case: Italian)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Commissione Tributaria
Regionale di Firenze, Sezione 33 (Florence Regional Tax Court,
Section 33) (Italy) of 23 March 2005, received at the Court
Registry on 6 April 2005,
for a preliminary ruling in the
proceedings between Villa Maria Beatrice Hospital Srl and
Agenzia Entrate — Ufficio Firenze 1 on the following question:

Is paragraph 27d of Article 10 of Presidential Decree No 633
of 26 October 1972 compatible with subparagraph (c) of
Article 13B (‘Other exemptions’) of Sixth Council Directive
77/388/EEC of 17 May 1977? (1)

(1) OJ L 145 of 13.06.1977, p. 1.

Reference for a preliminary ruling from the Audiencia
Provincial de Madrid by order of that court of 15 February
2005 in the proceedings between Elisa María Mostaza
Claro v Centro Movil Milenium, S.L.

May the protection of consumers under Council Directive
93/13/EEC (1) of 5 April 1993 on unfair terms in consumer
contracts require the court hearing an action for annulment of
an arbitration award to determine whether the arbitration
agreement is void and to annul the award if it finds that that
arbitration agreement contains an unfair term to the consu-
mer's detriment, when that issue is raised in the action for
annulment but was not raised by the consumer in the arbitra-
tion proceedings?

(1) OJ L 95 of 21. 4. 1993, p. 29.

Reference for a preliminary ruling from the Conseil d'Etat
(France) by order of that court of 15 December 2004 in
Societe Denkavit International BV and Denkavit France
Sarl v Minister for Economic Affairs, Finance and Industry

(Case C-170/05)

(2005/C 155/09)

(Language of the case: French)

(Case C-168/05)

(2005/C 155/08)

(Language of the case: Spanish)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Conseil d'Etat (France) of 15
the Court Registry on 15
December 2004,
December 2004, for a preliminary ruling in the proceedings
between Societe Denkavit
International BV and Denkavit
France Sarl and Minister for Economic Affairs, Finance and
Industry on the following questions:

received at

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Audiencia Provincial de
Madrid (Spain) of 15 February 2005, received at the Court
Registry on 14 April 2005, for a preliminary ruling in the
proceedings between Elisa María Mostaza Claro and Centro
Movil Milenium, S.L. on the following question:

1. Is a system which imposes the burden of taxation on a
parent company in receipt of dividends which is not domi-
ciled in France, while relieving parent companies which are
domiciled in France of a similar burden, open to challenge
in the light of the principle of freedom of establishment?