Case C-237/04: Judgment of the Court (Second Chamber) of  23 March 2006  (reference for a preliminary ruling from the Tribunale civile e penale di Cagliari) — Enirisorse SpA v Sotacarbo SpA (State aid — Articles 87 EC and 88 EC — Definition of aid — Shareholding of a public undertaking in the capital of a private undertaking — Right of withdrawal subject to a prior relinquishment of all claims over a company's assets)
Date: 2006-06-03
Institutions: Court of Justice
Subjects: Italy, State aid, control of State aid, freedom to provide services, harbour installation, interpretation of the law, right of establishment

3.6.2006

EN

Official Journal of the European Union

C 131/15

Re:

Re:

for

a preliminary

ruling — Landesgericht
REFERENCE
Innsbruck — Interpretation of Art. I0 EC — Duty of court of
appeal to review and set aside a final first instance judicial deci-
sion on jurisdiction where there is an infringement of Com-
munity law — Interpretation of Art. 15(1)(c) of Council Regu-
lation (EC) No 44/100 of 22 December 2000 on jurisdiction
and the recognition and enforcement of judgements in civil
and commercial matters (OJ 2001 L 12, p.1) — National law
on consumer protection providing for a right to the prize
supposedly won by the addressee of misleading advertising.

Operative part of the judgment

The principle of cooperation under Article 10 EC does not require a
national court to disapply its internal rules of procedure in order to
review and set aside a final judicial decision if that decision should be
contrary to Community law.

(1) OJ C 251 of 09.10.2004.

Judgment of the Court (Second Chamber) of 23 March
2006 (reference for a preliminary ruling from the Tribu-
nale civile e penale di Cagliari) — Enirisorse SpA v Sota-
carbo SpA

(Case C-237/04) (1)

(State aid — Articles 87 EC and 88 EC — Definition of aid
— Shareholding of a public undertaking in the capital of a
private undertaking — Right of withdrawal subject to a prior
relinquishment of all claims over a company's assets)

(2006/C 131/26)

Language of the case: Italian

Referring court

Tribunale civile e penale di Cagliari

Parties to the main proceedings

Applicant: Enirisorse SpA

Defendant: Sotacarbo SpA

Reference for a preliminary ruling — Tribunale di Cagliari —
Interpretation of Articles 87 and 88(3) EC — Meaning of State
aid — Public undertaking holding shares in the capital of a
private undertaking — Compatibility of national rules author-
ising such a shareholding with Articles 43 and 49 EC

Operative part of the judgment

National provisions such as those at issue in the main proceedings,
whereby members of a company controlled by the State may, in dero-
gation from the general law, withdraw from that company on condi-
tion that they relinquish all claims over that company's assets, are not
liable to be considered to be State aid for the purposes of Article 87
EC.

(1) OJ C 201, 07.08.2004.

Judgment of the Court (Second Chamber) of 9 March 2006
(reference for a preliminary ruling from the Gerechtshof
te Amsterdam) — Beemsterboer Coldstore Services BV v
Inspecteur der Belastingdienst — Douanedistrict Arnhem

(Case C-293/04) (1)

(Post-clearance recovery of import or export duties — Article
220(2)(b) of Regulation (EEC) No 2913/92 — Application
ratione temporis — System of administrative cooperation
country —
involving the authorities of a non-member

Meaning of ‘incorrect certificate’ — Burden of proof)

(2006/C 131/27)

Language of the case: Dutch

Referring court

Gerechtshof te Amsterdam (Netherlands)

Parties to the main proceedings

Applicant: Beemsterboer Coldstore Services BV

Defendant:
Arnhem

Inspecteur der Belastingdienst — Douanedistrict