CELEX: C2002/084/53
Language: en
Date: 2002-04-06 00:00:00
Title: Order of the Court (Third Chamber) of 23 October 2001 in Case C-281/00 P: Una Film "City Revue" GmbH v European Parliament and Others (Directive 98/43/EC concerning the advertising and sponsorship of tobacco products — Appeal — No need to adjudicate — Costs)

C 84/32                  EN                     Official Journal of the European Communities                                           6.4.2002
                     ORDER OF THE COURT                                                        ORDER OF THE COURT
                                                                                                    (Third Chamber)
                          (Sixth Chamber)
                                                                                                  of 23 October 2001
                       of 22 November 2001
                                                                           in Case C-281/00 P: Una Film ‘City Revue’ GmbH v
                                                                                         European Parliament and Others (1)
in Case C-223/00 (reference for a preliminary ruling from
the Supremo Tribunal Administrativo): Director-Geral do                    (Directive 98/43/EC concerning the advertising and sponsor-
Departamento para os Assuntos do Fundo Social Europeu                      ship of tobacco products — Appeal — No need to adjudicate
   v Partex — Companhia Portuguesa de Serviços SA (1)                                                    — Costs)
                                                                                                     (2002/C 84/53)
          (Preliminary references — Inadmissibility)
                                                                                              (Language of the case: German)
                           (2002/C 84/52)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                  (Language of the case: Portuguese)
                                                                           In Case C-281/00 P: appeal by Una Film ‘City Revue’ GmbH,
                                                                           established in Vienna (Austria), represented by R. Borgelt,
(Provisional translation; the definitive translation will be published
                                                                           Rechtsanwalt, assisted by Professor M. Dauses, against the
                    in the European Court Reports)
                                                                           judgment of the Court of First Instance of the European
                                                                           Communities (Third Chamber) of 27 June 2000 in Joined
                                                                           Cases T-172/98 and T-175/98 to T-177/98 Salamander and
                                                                           Others v Parliament and Council [2000] ECR II-2487, seeking
                                                                           to have that judgment set aside and the claims made by the
                                                                           applicant at first instance upheld, the other parties to the
In Case C-223/00: reference to the Court under Article 234                 proceedings being: European Parliament (Agents: C. Pennera
EC from the Supremo Tribunal Administrativo (Supreme                       and M. Berger), Council of the European Union (Agents:
Administrative Court) for a preliminary ruling in the proceed-             R. Gosalbo Bono and S. Marquardt), Commission of the
ings pending before that court between Director-Geral do                   European Communities (Agents: U. Wölker and I. Martı́nez
Departamento para os Assuntos do Fundo Social Europeu and                  del Peral), Markenverband eV, established in Wiesbaden (Germ-
Partex- Companhia Portuguesa de Serviços SA — on the                       any), Manifattura Lane Gaetano Marzotto & Figli SpA, estab-
interpretation of Council Decision 83/516/EEC of 17 October                lished in Valdagno (Italy), Lancaster BV, established in Amster-
1983 on the tasks of the European Social Fund (OJ 1983                     dam (Netherlands), French Republic, Republic of Finland,
L 289, p. 38) and of Council Regulation (EEC) No 2950/83 of                United Kingdom of Great Britain and Northern Ireland,
17 October 1983 on the implementation of Decision 83/516                   Salamander AG, established in Kornwestheim (Germany), Zino
— the Court (Sixth Chamber), composed of: F. Macken,                       Davidoff SA, established in Fribourg (Switzerland), Davidoff &
President of the Chamber, N. Colneric, C. Gulmann,                         Cie SA, established in Geneva (Switzerland), Alma Media
J.-P. Puissochet and R. Schintgen, Judges; J. Mischo, Advocate             Group Advertising SA & Co. Partnership, Panel Two and Four
General; R. Grass, Registrar, has made an order on 22 Novem-               Advertising SA, Rythmos Outdoor Advertising SA and Media
ber 2001, in which it has ruled:                                           Center Advertising SA, established in Athens (Greece) — the
                                                                           Court (Third Chamber), composed of: C. Gulmann, acting
                                                                           for the President of the Third Chamber, J.-P. Puissochet
                                                                           (Rapporteur) and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo
The reference for a preliminary ruling made by the Supremo Tribunal        Colomer, Advocate General; R. Grass, Registrar, has made an
Administrativo, by decision of 10 May 1999, is inadmissible.               order on 23 October 2001, the operative part of which is as
                                                                           follows:
(1) OJ 2000 C 233.                                                         1.    There is no need to adjudicate on the appeal brought by Una
                                                                                 Film ‘City Revue’ GmbH.
                                                                           2.    Una Film ‘City Revue’ GmbH, the European Parliament and
                                                                                 the Council of the European Union shall bear their own costs.
 ---pagebreak--- 6.4.2002                EN                      Official Journal of the European Communities                                            C 84/33
3.    The Commission of the European Communities shall bear its            1.    There is no need to adjudicate on the appeal brought by Zino
      own costs.                                                                 Davidoff SA and Davidoff & Cie SA.
                                                                           2.    Zino Davidoff SA, Davidoff et Cie SA, the European Parlia-
(1) OJ C 259 of 9.9.2000.
                                                                                 ment and the Council of the European Union shall bear their
                                                                                 own costs.
                                                                           3.    Lancaster BV and the Commission of the European Communi-
                                                                                 ties shall bear their own costs.
                    ORDER OF THE COURT
                                                                           (1) OJ C 302 of 21.10.2000.
                         (Third Chamber)
                       of 23 October 2001
in Case C-313/00 P: Zino Davidoff SA v European
                    Parliament and Others (1)
                                                                                                 ORDER OF THE COURT
(Directive 98/43/EC concerning the advertising and sponsor-
ship of tobacco products — Appeal — No need to adjudicate
                                                                                                      (Third Chamber)
                              — Costs)
                          (2002/C 84/54)                                                           of 13 November 2001
                   (Language of the case: German)                          in Case C-430/00 P: Anton Dürbeck GmbH v Commission
                                                                                            of the European Communities (1)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                           (Appeals — Common organisation of the markets —
                                                                           Bananas — Importation from ACP States and third countries
                                                                           — Request for additional licences — Case of hardship —
In Case C-313/00 P: appeal by Zino Davidoff SA, established                Transitional measures — Article 30 of Regulation (EEC)
in Fribourg (Switzerland), and Davidoff & Cie SA, established              No 404/93 — Limitation of damages — Action for annul-
in Geneva (Switzerland), represented by R. Wägenbaur, Avocat,                                               ment)
against the judgment of the Court of First Instance of the
European Communities (Third Chamber) of 27 June 2000 in                                                (2002/C 84/55)
Joined Cases T-172/98 and T-175/98 to T-177/98 Salamander
and Others v Parliament and Council [2000] ECR II-2487,
seeking to have that judgment set aside and the claims made                                    (Language of the case: German)
by the applicants at first instance upheld, the other parties to
the proceedings being: European Parliament (Agents: C. Penn-
era and M. Berger), Council of the European Union (Agents:                 (Provisional translation; the definitive translation will be published
R. Gosalbo Bono and S. Marquardt), defendants at first                                          in the European Court Reports)
instance, Lancaster BV, established in Amsterdam (Nether-
lands), represented by B. Wägenbaur, Avocat, Commission of
the European Communities (Agents: U. Wölker and I. Martı́nez
del Peral), Markenverband eV, established in Wiesbaden (Germ-              In Case P: Anton Dürbeck GmbH, established in Frankfurt-am-
any), Manifattura Lane Gaetano Marzotto & Figli SpA, estab-                Main, represented by Dr Gert Meier, Rechtsanwalt — appeal
lished in Valdagno (Italy), French Republic, Republic of Finland,          against the judgment of the Court of First Instance of the
United Kingdom of Great Britain and Northern Ireland,                      European Communities (Fifth Chamber) of 19 September
interveners at first instance, Salamander AG, established in               2000 in Case T-252/97 Dürbeck v Commission [2000] ECR
Kornwestheim (Germany), Una Film ‘City Revue’ GmbH,                        II-3031, seeking to have that judgment set aside, the other
established in Vienna (Austria), Alma Media Group Advertising              party to the proceedings being Commission of the European
SA & Co. Partnership, Panel Two and Four Advertising                       Communities (Agents: K.-D. Borchardt and C. van der
SA, Rythmos Outdoor Advertising SA and Media Center                        Hauwert), Kingdom of Spain (Agent: R. Silva de Lapuerta) and
Advertising SA, established in Athens (Greece) — the Court                 by French Republic (Agents: G. de Bergues and C. Vasak) —
(Third Chamber), composed of: C. Gulmann, acting for the                   the Court (Third Chamber), composed of C. Gulmann, acting
President of the Third Chamber, J.-P. Puissochet (Rapporteur)              for the President of the Third Chamber, J.-P. Puissochet and
and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo Colomer,                  J.N. Cunha Rodrigues (Rapporteur), Judges; J. Mischo, Advocate
Advocate General; R. Grass, Registrar, has made an order on                General; R. Grass, Registrar, made an order on 13 November
23 October 2001, the operative part of which is as follows:                2001, the operative part of which is as follows: