CELEX: C2001/200/66
Language: en
Date: 2001-07-14 00:00:00
Title: Order of the Court (Sixth Chamber) of 5 April 2001 in Case C-518/99 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): Richard Gaillard v Alaya Chekili (Article 104(3) of the Rules of Procedure — Brussels Convention — Article 16(1) — Exclusive jurisdiction in proceedings which have as their object rights in rem in immovable property — Scope — Action for rescission of a contract of sale of immovable property and for damages)

C 200/36                EN                      Official Journal of the European Communities                                          14.7.2001
                    ORDER OF THE COURT                                     even where the tax in question is levied on that part of the net assets
                                                                           which is made up of the share capital as set out annually in the
                                                                           balance sheet.
                          (First Chamber)
                         of 15 March 2001                                  (1) OJ C 333 of 20.11.1999 (C-279/99, C-296/99, C-336/99);
                                                                               OJ C 314 of 30.10.1999 (C-293/99); OJ C 352 of 4.12.1999
                                                                               (C-330/99).
in Joined Cases C-279/99, C-293/99, C-296/99, C-330/99
and C-336/99 (references for a preliminary ruling from
the Commissione Tributaria di Primo Grado di Trento):
Petrolvilla & Bortolotti SpA and Others v Direzione delle
Entrate per la Provincia di Trento, Hotel Bellavista di
Litterini Valter e Nadia Snc and Others v Ufficio Imposte
Dirette di Tione di Trento and Centro di Servizio delle
Imposte Dirette e Indirette di Trento, and Tumedei SpA
v Centro di Servizio delle Imposte Dirette e Indirette di                                      ORDER OF THE COURT
                              Trento (1)
                                                                                                    (Sixth Chamber)
(Article 104(3) of the Rules of Procedure — Answer capable
            of being clearly deduced from case-law)
                                                                                                     of 5 April 2001
                          (2001/C 200/65)
                                                                           in Case C-518/99 (reference for a preliminary ruling from
                                                                           the Cour d’appel de Bruxelles): Richard Gaillard v Alaya
                                                                                                        Chekili (1)
                    (Language of the case: Italian)
                                                                           (Article 104(3) of the Rules of Procedure — Brussels
                                                                           Convention — Article 16(1) — Exclusive jurisdiction in
(Provisional translation: the definitive translation will be published     proceedings which have as their object rights in rem in
                   in the European Court Reports)                          immovable property — Scope — Action for rescission of a
                                                                              contract of sale of immovable property and for damages)
In Joined Cases C-279/99, C-293/99, C-296/99, C-330/99
and C-336/99: references to the Court under Article 234 EC                                           (2001/C 200/66)
from the Commissione Tributaria di Primo Grado di Trento
(Tax Court of First Instance, Trento) (Italy) for a preliminary
ruling in the proceedings pending before that court between
Petrolvilla & Bortolotti SpA and Direzione delle Entrate per la                                (Language of the case: French)
Provincia di Trento (C-279/99), between Energy Service Srl
and Direzione delle Entrate per la Provincia di Trento
(C-293/99), between Pavarini Components SpA and Direzione                  (Provisional translation; the definitive translation will be published
delle Entrate per la Provincia di Trento (C-296/99), between                                  in the European Court Reports)
Hotel Bellavista di Litterini Valter e Nadia Snc, Cattoni Hotel
Plaza di Cattoni Gian Carlo e C. Snc, Villa Luti Srl and Ufficio
Imposte Dirette di Tione di Trento, Centro di Servizio delle               In Case C-518/99: reference to the Court pursuant to the
Imposte Dirette e Indirette di Trento (C-330/99), and between              Protocol of 3 June 1971 on the interpretation by the Court of
Tumedei SpA and Centro di Servizio delle Imposte Dirette e                 Justice of the Convention of 27 September 1968 on jurisdic-
Indirette di Trento (C-336/99) on the interpretation of Council            tion and the enforcement of judgments in civil and commercial
Directive 69/335/EEC of 17 July 1969 concerning indirect                   matters from the Cour d’appel, Bruxelles (Court of Appeal,
taxes on the raising of capital (OJ, English Special Edition 1969          Brussels) for a preliminary ruling in the proceedings pending
(II), p. 412), as amended by Council Directive 85/303/EEC of               before that court between Richard Gaillard and Alaya Chekili
10 June 1985 (OJ 1985 L 156, p. 23) — the Court                            — on the interpretation of Article 16(1) of the Convention of
(First Chamber), composed of: M. Wathelet, President of                    27 September 1968 (OJ 1978 L 304, p. 36), as amended by
the Chamber, P. Jann (Rapporteur) and L. Sevón, Judges;                   the Convention of 9 October 1978 on the accession of the
L.A. Geelhoed, Advocate General; R. Grass, Registrar, has made             Kingdom of Denmark, Ireland and the United Kingdom of
an order on 15 March 2001, the operative part of which is as               Great Britain and Northern Ireland (OJ 1978 L 304, p. 1 —
follows:                                                                   see p. 77 for the amended text) and by the Convention of
                                                                           25 October 1982 on the accession of the Hellenic Republic
                                                                           (OJ 1982 L 388, p. 1) the Court (Sixth Chamber), composed
Council Directive 69/335/EEC of 17 July 1969 concerning indirect           of: C. Gulmann, President of the Chamber, V. Skouris,
taxes on the raising of capital, as amended by Council Directive           J.-P. Puissochet, R. Schintgen (Rapporteur) and N. Colneric,
85/303/EEC of 10 June 1985, does not preclude the levying on               Judges; P. Léger, Advocate General; R. Grass, Registrar, has
capital companies of a tax such as the tax on companies’ net assets,       made an order on 5 April 2001, in which it has ruled:
 ---pagebreak--- 14.7.2001                EN                     Official Journal of the European Communities                                           C 200/37
An action for rescission of a contract for the sale of land and            Articles I and XIII of the General Agreement on Tariffs and Trade
consequential damages is not within the scope of the rules on exclusive    1994, in Annex 1A to the Agreement establishing the World Trade
jurisdiction in proceedings which have as their object rights in rem       Organisation, approved on behalf of the European Community, as
in immovable property under Article 16(1) of the Convention of             regards matters within its competence, by Council Decision
27 September 1968 between the Member States of the European                94/800/EC of 22 December 1994, are not such as to create rights
Economic Community on jurisdiction and the enforcement of judg-            which individuals may rely on directly before a national court in order
ments in civil and commercial matters, as amended by the Convention        to oppose the application of the second subparagraph of Article
of 9 October 1978 on the accession of the Kingdom of Denmark,              18(1) of Council Regulation (EEC) No 404/93 of 13 February
Ireland and the United Kingdom of Great Britain and Northern               1993 on the common organisation of the market in bananas, as
Ireland and by the Convention of 25 October 1982 on the accession          amended by Council Regulation (EC) No 1637/98 of 20 July 1998.
of the Hellenic Republic.
(1) OJ C 63 of 4.3.2000                                                    (1) OJ C 299 of 16.10.1999
                     ORDER OF THE COURT
                            of 2 May 2001
                                                                                               ORDER OF THE COURT
in Case C-307/99 (reference for a preliminary ruling from
the Finanzgericht Hamburg, Germany): OGT Fruchthand-                                                (Fifth Chamber)
elsgesellschaft mbH v Hauptzollamt Hamburg-St. Ann-
                                 en (1)
                                                                                                     of 10 May 2001
(Article 104(3) of the Rules of Procedure — Bananas —
Common organisation of the market — GATT — Direct
effect — First paragraph of Article 234 of the EC Treaty                   in Case C-345/00 P: Fédération Nationale d’Agriculture
 (now, after amendment, first paragraph of Article 307 EC))                Biologique des Régions de France (FNAB) and Others v
                                                                                          Council of the European Union (1)
                           (2001/C 200/67)
                                                                           (Appeal — Regulation (EEC) No 1804/1999 — Prohibition
                                                                           of using indications suggesting an organic method of pro-
                   (Language of the case: German)                          duction in the labelling and advertising of products not
                                                                           obtained by that production method — Temporary dero-
                                                                           gation for existing trade-marks — Application for annul-
(Provisional translation; the definitive translation will be published        ment — Inadmissible — Appeal manifestly unfounded)
                    in the European Court Reports)
                                                                                                    (2001/C 200/68)
In Case C-307/99: reference to the Court under Article 234
EC from the Finanzgericht (Finance Court) Hamburg for a
preliminary ruling in the proceedings pending before that
court between OGT Fruchthandelsgesellschaft mbH and                                            (Language of the case: French)
Hauptzollamt Hamburg-St. Annen — on the interpretation of
Articles I and XIII of the General Agreement on Tariffs and
Trade 1994, in Annex 1A to the Agreement establishing the
World Trade Organisation, approved on behalf of the Euro-                  (Provisional translation: the definitive translation will be published
pean Community, as regards matters within its competence,                                 in the Reports of Cases before the Court)
by Council Decision 94/800/EC of 22 December 1994 (OJ
1994 L 336, p. 1) — the Court, composed of: G.C. Rodrı́guez
Iglesias, President, C. Gulmann, A. La Pergola, M. Wathelet and            In Case C-345/00 P Fédération Nationale d’Agriculture Biolo-
V. Skouris (Presidents of Chambers), D.A.O. Edward,                        gique des Régions de France (FNAB), established in Paris,
J.-P. Puissochet, P. Jann, L. Sevón, R. Schintgen (Rapporteur),           France, Syndicat Européen des Transformateurs et Distrib-
F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and              uteurs de Produits de l’Agriculture Biologique (SETRAB),
C.W.A. Timmermans, Judges; A. Tizzano, Advocate General;                   established in Paris, France, Est Distribution Biogam Sàrl,
R. Grass, Registrar, has made an order on 2 May 2001, in                   established in Château-Salins, France, represented by the
which it has ruled:                                                        lawyer D. Leermakers and C. Hatton, Solicitor, with an address