CELEX: C2003/101/51
Language: en
Date: 2003-04-26 00:00:00
Title: Removal from the register of Case C-435/01

C 101/30                  EN                         Official Journal of the European Union                                         26.4.2003
       Member State which, in response to the infringement by                      particular, to provide an opportunity for persons involved
       companies of those obligations concerning disclosure                        in an action subsequently brought before the civil courts
       and the provision of accurate information imposed on                        — those considering bringing such an action, those who
       them in order to safeguard ‘the interests of both members                   anticipate that the action will be brought against them,
       and third parties’, provides for prosecution machinery and                  or third parties otherwise concerned by such an action
       a sanctionative system which are markedly differentiated,                   — to obtain advance clarification of the facts (with which
       whereby the possibility of the imposition of a punishment                   they are perhaps not entirely familiar), so as to enable
       upon complaint being made, together with more serious                       them better to assess their position, particularly also with
       and effective penalties, is reserved solely for infringements               regard to the issue of identification of the party against
       occasioning loss to members and creditors?                                  whom proceedings must be instituted?
                                                                             —     If so, can the provision in that case constitute a measure
( 1) First Council Directive 68/151/EEC of 9 March 1968 on co-                     within the meaning of Article 24 of the Brussels Conven-
     ordination of safeguards which, for the protection of the interests           tion?
     of members and others, are required by Member States of
     companies within the meaning of the second paragraph of
     Article 58 of the Treaty, with a view to making such safeguards
     equivalent throughout the Community (English special edition...:
     Series-I I Chapter 1968(I), p. 41).
( 2) Fourth Council Directive 78/660/EEC of 25 July 1978 based on
     Article 54 (3) (g) of the Treaty on the annual accounts of certain
     types of companies (OJ L 222 of 14.8.1978, p. 11).
( 3) Seventh Council Directive 83/349/EEC of 13 June 1983 based on
     the Article 54 (3) (g) of the Treaty on consolidated accounts (OJ
     L 193 of 18.7.1983, p. 1).                                                      Removal from the register of Case C-435/01 ( 1)
( 4) Council Directive 90/605/EEC of 8 November 1990 amending
     Directive 78/660/EEC on annual accounts and Directive 83/349/
     EEC on consolidated accounts as regards the scope of those                                       (2003/C 101/51)
     Directives (OJ L 317 of 16.11.1990, p. 60).
                                                                             By order of 6 January 2003 the President of the Court of
                                                                             Justice of the European Communities ordered the removal
                                                                             from the register of Case C-435/01: Commission of the
                                                                             European Communities v Kingdom of Belgium.
Reference for a preliminary ruling by the Gerechtshof te
Amsterdam by order of that Court of 12 December 2002                         (1 ) OJ C 17 of 19.1.2002.
in the case of St Paul Dairy Industries NV against Unibel
                              Exser BVBA
                            (Case C-104/03)
                            (2003/C 101/50)
                                                                                     Removal from the register of Case C-324/02 ( 1)
Reference has been made to the Court of Justice of the                                                (2003/C 101/52)
European Communities by order of the Gerechtshof te Amster-
dam (Regional Court of Appeal, Amsterdam) of 12 December
2002, received at the Court Registry on 6 March 2003, for a
preliminary ruling in the case of St Paul Dairy Industries NV
against Unibel Exser BVBA on the following questions:                        By order of 10 February 2003 the President of the Court of
                                                                             Justice of the European Communities ordered the removal
—      Does the provision in Article 186 et seq. of the Nether-              from the register of Case C-324/02: Commission of the
       lands Code of Civil Procedure concerning the ‘preliminary             European Communities v Kingdom of Spain.
       hearing of witnesses prior to the bringing of proceedings’
       come within the scope of the Brussels Convention in light
       of the fact also that, as provided for in that legislation, it        (1 ) OJ C 274 of 9.11.2002.
       seeks not only to enable material evidence to be taken
       from witnesses shortly after the facts in dispute and to
       prevent evidence from being lost but also, and in