CELEX: 62002CO0169
Language: en
Date: 2003-11-06 00:00:00
Title: Order of the President of the Court of 6 November 2003. # Dansk Postordreforening v Skatteministeriet. # Reference for a preliminary ruling: Østre Landsret - Denmark. # Removal from the register. # Case C-169/02.

Case C-169/02 Dansk PostordreforeningvSkatteministeriet(Reference for a preliminary ruling from the Østre Landsret (Denmark))
         
            «(Removal from the register)»
            
               
                  Opinion of Advocate General Geelhoed delivered on 10 April 2003 
                     
                
               
            
                   
               
               
            
               
                  Order of the President of the Court, 6 November 2003  
                     
                
               
            
                   
               
               
            
            Summary of the Order
         
         
                  
                  Preliminary rulings – Withdrawal by the national court of the questions referred to the Court – Removal from the register(Art. 234 EC)
      

      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
            
            ORDER OF THE PRESIDENT OF THE COURT6 November 2003  (1)
            
            
         
         
            
         
            ((Removal from the register))
            
         In Case C-169/02, 
          REFERENCE to the Court under Article 234 EC by the Østre Landsret (Denmark) for a preliminary ruling in the proceedings pending
         before that court between
         
         
         
          Dansk Postordreforening 
         
         
         and
         
          Skatteministeriet, 
         
         
          on the interpretation of Article 13A(1)(a) of the Sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonisation
         of the laws of the Member States relating to turnover taxes ─ Common system of value added tax: uniform basis of assessment
         (OJ 1977 L 145, p. 1),
         
         
         
         
         THE PRESIDENT OF THE COURT,
         
         after hearing Advocate General Geelhoed, makes the following 
         
         
         Order
         1
            
          By order of 1 May 2002, received at the Court Registry on 6 May 2002, the Østre Landsret (Eastern Regional Court) referred
         to the Court for a preliminary ruling under Article 234 EC two questions on the interpretation of Article 13A(1)(a) of the
         Sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover
         taxes ─ Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1). 
         
         
         2
            
          By letter of 29 September 2003, received by the Court Registry on 9 October 2003, the Østre Landsret informed the Court that
         it was withdrawing the reference for a preliminary ruling which it had sent to the Court, since the applicant in the main
         proceedings had discontinued its action. 
         
         
         3
            
          Accordingly, the removal of the present case from the Court's register must be ordered. 
         
         
         4
            
          The costs incurred by the Italian Government and the Commission of the European Communities, which have submitted observations
         to the Court, are not recoverable.  Since these proceedings are, for the parties to the main proceedings, a step in the action
         pending before the national court, the decision on costs is a matter for that court. 
         
         On those grounds, 
         
         
         
            
            THE PRESIDENT OF THE COURT
         
         
          hereby orders:
         Case C-169/02 is removed from the Court's register. Luxembourg, 6 November 2003. 
         
         
         
                  R. Grass 
               
               
                  V. Skouris  
               
            
         
         
         
                  Registrar
               
               
                  President
               
            
      
      
          1 –
            
             Language of the case: Danish.