CELEX: C1999/333/39
Language: en
Date: 1999-11-20 00:00:00
Title: Case C-344/99: Action brought on 17 September 1999 by the Italian Republic against the Commission of the European Communities

C 333/18                EN                       Official Journal of the European Communities                                     20.11.1999
     legislation and to prosecute any offenders, both for 1988              The applicant claims that the Court should:
     and 1990. The authorities did not institute any proceedings
     against those who continued to fish after the prohibition
     was imposed, even though that measure was particularly                 (a) annul the following decisions adopted on 1 July 1999 by
     belated.                                                                   the Commission of the European Communities:
(1) OJ L 24 of 27.1.1983, p. 1.                                                 — Decision 1999/503/EC (notified under document
(2) OJ L 207 of 29.7.1987, p. 1.                                                     number C(1999) 1771) (1), inasmuch as it establishes a
                                                                                     population ceiling of 7 402 000 inhabitants for Italy
                                                                                     under Objective 2 of the Structural Funds for the
                                                                                     period 2000 to 2006;
                                                                                — Decision 1999/504/EC (notified under document
                                                                                     number C(1999) 1772) (2), inasmuch as it fixes at
Reference for a preliminary ruling by the Commissione                                2 145 million euro (at 1999 prices) the indicative
Tributaria di Primo Grado di Trento, Sezione No 6 by                                 allocation for Italy of the commitment appropriations
order of that court of 13 May 1999 in the case of Tumedei                            for Objective 2 of the Structural Funds for the pe-
SpA against Centro di Servizio delle Imposte Dirette e                               riod 2000 to 2006;
                        Indirette di Trento
                          (Case C-336/99)                                   (b) order the defendant to pay the costs.
                          (1999/C 333/38)
                                                                            Pleas in law and main arguments
Reference has been made to the Court of Justice of the
European Communities by order of the Commissione Tribu-
taria di Primo Grado di Trento, Sezione No 6 (Tax Court of                  1. Decision 1999/503/EC does not indicate the method used
First Instance, Trento, Sixth Chamber) of 13 May 1999,                          by the Commission to determine the population ceiling. It
received at the Court Registry on 10 September 1999, for a                      is not possible, therefore, to ascertain the logical/legal
preliminary ruling in the case of Tumedei SpA v Centro di                       process which prompted the Commission to determine, in
Servizio delle Imposte Dirette e Indirette di Trento on the                     relation to Italy, the population ceiling of
following question:                                                             7 402 000 inhabitants, or to check that, when determining
                                                                                the population ceilings, the Commission took into account
Is it compatible with Community law, and in particular with                     the matters laid down in Article 4(2)(a), (b) and (c) of
Directive 69/335/EEC (1), to tax over a period of years at the                  Council Regulation No 1260/99 (3).
rate of 0,75% per annum pursuant to Decree-Law
No 394/1992 of 30 September 1992 that part of the net assets                    The alleged total failure to provide reasons renders
consisting solely of a company’s capital disclosed annually by                  Decision 1999/503 null and void, at least as regards the
the balance sheet which has already borne the initial tax on                    contested part thereof, which concerns the determination
contributions of 1%?                                                            of the population ceiling for Italy.
(1) OJ, English Special Edition 1969 (II), p. 412.
                                                                            2. In the alternative, it must be concluded that the criterion
                                                                                which the Commission claims to have adopted in order to
                                                                                determine, in relation to Italy, the population ceiling of
                                                                                7 402 000 inhabitants is unlawful, in that it is ultra vires
                                                                                and based on misuse of powers, erroneous assumptions
                                                                                and distortion of the facts.
Action brought on 17 September 1999 by the Italian
Republic against the Commission of the European Com-                        3. As a result of the unlawful determination in
                              munities                                          Decision 1999/503 of the population ceiling for Italy,
                                                                                Decision 1999/504/EC is also unlawful in so far as the
                                                                                latter decision fixes the indicative allocation for Italy in the
                          (Case C-344/99)                                       sum of 2 145 million euro.
                          (1999/C 333/39)
An action against the Commission of the European Communi-                   (1) OJ L 194 of 27.7.1999, p. 58.
ties was brought before the Court of Justice of the European                (2) OJ L 194 of 27.7.1999, p. 60.
Communities on 17 September 1999 by the Italian Republic,                   (3) OJ L 161 of 26.6.1999, p. 1.
represented by Umberto Leanza, acting as Agent, assisted by
Ivo M. Braguglia, Avvocato dello Stato, with an address
for service in Luxembourg at the Italian Embassy, 5 Rue
Marie-Adélaïde.