CELEX: C1996/180/40
Language: en
Date: 1996-06-22 00:00:00
Title: Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 11 March 1996, in the case of Stephen Austin Saldanha and MTS Securities Corporation v. Hiross Holding Aktiengesellschaft (Case C-122/96)

22 . 6 . 96           EN                    Official Journal of the European Communities                                   No C 180/ 19
 The request for a preliminary ruling submitted by the                  Gerichtshof ( Austrian Supreme Court) of 11 March 1996 ,
 Pretura Circondariale di Ivrea, Sezione di Strambino, by an            which was received at the Court Registry on 16 April 1996 ,
 order of 14 December 1995 is inadmissible.                             for a preliminary ruling in the case of Stephen Austin
                                                                        Saldanha and MTS Securities Corporation v . Hiross
.(') OJ No C 46 , 17 . 2 . 1996 .                                       Holding Aktiengesellschaft on the following question :
                                                                        Where proceedings are brought before an Austrian civil
                                                                        court by a British national who is also a national of the
                                                                        United States of America, who resides in that country ( in
 Reference for a preliminary ruling from the Finanzgericht              Florida ) and does not have any residence or assets in Austria ,
 Dusseldorf — Fourth Chamber — by order of that court of                against a joint-stock company whose registered office is in
 26 March 1996, in the case of Fruko-Handelsgesellschaft                Austria, by which he seeks to restrain that company from
               mbH v. Hauptzollamt Emmerich                             selling or otherwise transferring shares in specified
                          ( Case C-120/96 )                             subsidiary companies to its Italian subsidiary company, or
                                                                        to subsidiaries of that company established in Italy, without
                            ( 96/C 180/39 )                             the approval of a qualified majority of three quarters of the
                                                                        general meeting of shareholders or, in the alternative, of a
 Reference has been made to the Court of Justice of the                 simple majority of the general meeting of shareholders, does
 European Communities by an order of the Finanzgericht                  the fact that he has been ordered by the competent Austrian
 ( Finance Court ) Dusseldorf, Fourth Chamber, of 26 March              court ( of first instance ), on application by the defendant
 1 996 , which was received at the Court Registry on 15 April           company pursuant to paragraph 57 ( 1 ) of the Austrian Code
 1996 , for a preliminary ruling in the case of                         of Civil Procedure, to provide security for costs in a specified
 Fruko-Handelsgesellschaft           mbH      v.    Hauptzollamt        sum constitute discrimination on grounds of nationality
 Emmerich on the following questions :                                  contrary to the first paragraph of Article 6 of the EC
                                                                        Treaty ?
 1 . What degree of severity is required before there can be
      any finding of irreparable damage within the meaning of
      the second paragraph of Article 244 of Regulation
      ( EEC ) No 2913/92 0 ?
 2 . When is there damage within the meaning of the second              Action brought on 17 April 1996 by Kingdom of Spain
                                                                          against the Commission of the European Communities
      paragraph of Article 244 of Regulation ( EEC )
      No 2913 /92 ?                                                                             ( Case C-123 /96 )
                                                                                                  ( 96/C 180/41 )
 3 . What degree of probability must be held to exist for it to
      be found that there is a possibility of the occurrence of         An action against the Commission of the European
      the irreparable damage referred to in the second                  Communities was brought before the Court of Justice of the
      paragraph of Article 244 of Regulation ( EEC )                    European Communities on 17 April 1 996 by Kingdom of
      No 2913/92 ?
                                                                        Spain, represented by Gloria Calvo Diaz, Abodago del
                                                                        Estado, with an address for service in Luxembourg at the
 4 . If the answer to Question 1 is that sufficiently severe            Spanish Embassy, 4—6 Boulevard E. Servais .
      damage is constituted by the mere possibility of a
      winding-up petition based on the disputed but not                 The applicant claims that the Court should:
      suspended decision of the customs authority being
      presented with prospects of success in view of the tax            1 , annul the following Articles of Commission Directive
      debtor's       financial         circumstances,      should            96/2/EC of 16 January 1996 ( ! ):
      implementation of the decision be suspended if a
      winding-up petition could be presented even in the                     — Article 1 ( 3 ) in so far as follows :
      absence of the customs authority's decision ?
                                                                                 — the second indent of Article 3 ( a ) inserted into
 (!) OJ No L 302 , 1992 , p . 1 .                                                   Directive 90/388/EEC ( 2 ),
                                                                                 — the fifth ( last) indent of Article 3 ( a ) inserted into
                                                                                    Directive 90/388/EEC ,
                                                                                 — Article 3          (c)   inserted    into      Directive
 Reference for a preliminary ruling from the Oberster                               90/388/EEC,
 Gerichtshof by order of that court of 11 March 1996, in the
 case of Stephen Austin Saldanha and MTS Securities                              — Article 3          (d)   inserted    into      Directive
       Corporation v. Hiross Holding Aktiengesellschaft                             90/388 /EEC ,
                          ( Case C-122/96 )
                                                                             — Articles 2 ( 1 ) and 2 ( 2 ), and
                             ( 96/C 180/40 )
                                                                             — Article 4 ;
 Reference has been made to the Court of Justice of the
 European Communities by an order of the Oberster                       2 , order the Commission to pay the costs .