CELEX: C1995/119/06
Language: en
Date: 1995-05-13 00:00:00
Title: Reference for a preliminary ruling by the Corte di Appello di Ancona, Sezione Civile, by order of that court of 19 October 1994 in the case of Amministrazione delle Finanze dello Stato v. Foods Import srl (Case C-38/95)

13 . 5 . 95         IEN                   Official Journal of the European Communities                                   No C 119/3
preliminary ruling in the criminal proceedings before that            Reference for a preliminary ruling by the Corte di Appello di
court against Mostafa Saddik on the interpretation of                 Ancona, Sezione Civile, by order of that court of 19 October
Articles 3 , 9, 30, 37, 85 , 86, 87, 88 and 90 of the EC Treaty       1994 in the case of Amministrazione delle Finanze dello
— the Court, composed of G. C. Rodriguez Iglesias,                                         Stato v. Foods Import srl
President, F. A. Schockweiler, P.J. G. Kapteyn, C. Gulmann                                      (Case C-38/95 )
and P. Jann (Presidents of Chambers ), G. F. Mancini,
C. N. Kakouris, J. C. Moitinho de Almeida, J. L. Murray,                                         ( 95/C 119/06 )
D. A. O. Edward, J.-P. Puissochet ( Rapporteur), G. Hirsch
and H. Ragnemalm, Judges; M. B. Elmer, Advocate­
General; R. Grass, Registrar, has made an order on                    Reference has been made to the Court of Justice of the
23 March 1995 in which it ordered :
                                                                      European Communities by an order of the Civil Section of
                                                                      the Corte di Appello ( Court of Appeal ), Ancona, of
                                                                      19 October 1994, which was received at the Court Registry
the reference for a preliminary ruling submitted by the               on 16 February 1995 , for a preliminary ruling in the case of
Pretura Circondariale, Rome by order of 24 November                   Amministrazione delle Finanze dello Stato v. Foods Import
1993 is inadmissible.                                                 srl on the following questions :
(!) OJ No C 76 , 12 . 3 . 1994 .
                                                                      1 . Is the list given in Council Regulation ( EEC ) No
                                                                            3796/81 of 29 December 1981 ( l ) ( and repeated in
                                                                            Council Regulation ( EEC ) No 3333/83 of 4 November
                                                                            1983 ( 2 ), Annex VI to which reproduces Chapter 3 of
                                                                            the Common Customs Tariff in which cod appears
                                                                            under heading No 03.02 A.I and fillets of cod under
                                                                            heading No 03.02 A.II, supplemented by the mention
                                                                             'Gadus morrhua, Boreogadus saida, Gadus ogac ',
                                                                            exhaustive or illustrative and, accordingly, is the dried
                                                                            cod scientifically classified as 'Molva ' covered by that
Appeal brought by Transacciones Maritimas SA (Tramasa),                     list ?
Makupesca SA and Recursos Marinos SA against the order
made by the President of the Court of First Instance of the
European Communities on 16 January 1995 in Joined Cases
T-231/94 R, T-232/94 R and T-234/94 R between                         2. If the Court holds that list to be exhaustive, does
Transacciones Maritimas SA (Tramasa ), Makupesca SA                         Article 20 of Council Regulation ( EEC ) No 3796/81 of
and Recursos Marinos SA and Commission of the European                      29 December 1981 , suspending certain Common
                            Communities                                     Customs Tariff duties, apply only to the three subspecies
                        ( Case C-12/95 P)                                   of cod referred to in Question 1 ('Gadus morrhua,
                                                                            Boreogadus saida, Gadus ogac ') to the exclusion of
                           ( 95/C 119/05 )
                                                                            other subspecies such as 'Molva '}
An appeal against the order made by the President of the
Court of First Instance of the European Communities on                3 . In any event, must Article 5 ( 2 ) of Council Regulation
16 January 1995 in Joined Cases T-231/94 R, T-232/94 R                      ( EEC ) No 1697/79 (3 ) of 24 July 1979 , giving debtors
and T-234/94 R between Transacciones Maritimas SA                           the right (see the Court's judgment in Case 314/85
(Tramasa ), Makupesca SA and Recursos Marinos SA and                        Foto-Frost v. Hauptzollamt Liibeck-Ost [ 1987]
Commission of the European Communities was brought                          ECR 4199 ) to benefit from the fact that the competent
before the Court of Justice of the European Communities by                  authorities may refrain from taking action for the
Transacciones Maritimas SA (Tramasa ), Makupesca SA and                     post-clearance recovery of duties, be applied also in the
Recursos Marinos SA, represented by Santiago Martinez                       present case in which the customs authorities failed to
Lage, Rafael Allendesalazar Corcho and Javier Vfas Alonso,                  collect the relevant duties on account of an error, having
of the Madrid Bar, with an address for service in                           regard also to the conduct of the alleged debtor who had
Luxembourg at the Chambers of Aloyse May, 31 Grand                          observed all the provisions laid down by the rules in
Rue .                                                                       force as far as his customs declaration was concerned ?
By order of the President of the Court of Justice of the
European Communities of 7 March 1995, the appeal has                  f 1 ) OJ No L 379 , 31 . 12 . 1981 , p . 1 .
                                                                      (2 ) OJ No L 313 , 14 . 11 . 1983 , p . 1 .
been dismissed and the appellants have been ordered to pay            (3 ) OJ No L 197, 3 . 8 . 1979, p. 1 .       '
the costs in their entirety.