CELEX: C2000/102/19
Language: en
Date: 2000-04-08 00:00:00
Title: Case C-23/00 P: Appeal brought on 27 January 2000 by the Council of the European Union against the judgment delivered on 1 December 1999 by the Second Chamber of the Court of First Instance of the European Communities in Joined Cases T-125/96 Boehringer Ingelheim Vetmedica GmbH and C.H. Boehringer Sohn Ltd, supported by Fédération Européenne de la Santé Animale (Fedesa) and the United Kingdom of Great Britain and Northern Ireland, and the Council of the European Union, supported by Stichting Kwaliteitsgarantie Vleeskalverensector (SKV) and the Commission of the European Communities, and T-152/96 Boehringer Ingelheim Vetmedica GmbH and C.H. Boehringer Sohn Ltd, supported by Fédération Européenne de la Santé Animale (Fedesa), and the Commission of the European Communities, supported by Stichting Kwaliteitsgarantie Vleeskalveren sector (SKV) and the Council of the European Union

C 102/12              EN                    Official Journal of the European Communities                                         8.4.2000
Appeal brought on 27 January 2000 by the Council of                    Pleas in law and main arguments
the European Union against the judgment delivered on
1 December 1999 by the Second Chamber of the Court
of First Instance of the European Communities in Joined                In accordance with the terms of the judgment, the Council has
Cases T-125/96 Boehringer Ingelheim Vetmedica GmbH                     been entirely successful in its defence of all claims raised before
and C.H. Boehringer Sohn Ltd, supported by Fédération                  the Court, namely, in the action for partial annulment of
Européenne de la Santé Animale (Fedesa) and the United                 Council Directive 96/22/EC (3) and the claim for compensation
Kingdom of Great Britain and Northern Ireland, and the                 arising from the adoption of the said directive in Case
Council of the European Union, supported by Stichting                  T-125/96 and the related plea of illegality raised in the context
Kwaliteitsgarantie Vleeskalverensector (SKV) and the                   of the action for the partial annulment of Commission
Commission of the European Communities, and T-152/96                   Regulation 1312/96 (4) in Case T-152/96.
Boehringer Ingelheim Vetmedica GmbH and C.H. Boeh-
ringer Sohn Ltd, supported by Fédération Européenne de
la Santé Animale (Fedesa), and the Commission of the                   Notwithstanding the apparently successful outcome of the
European Communities, supported by Stichting Kwali-                    action, the Council lodges the present appeal in relation to the
teitsgarantie Vleeskalveren sector (SKV) and the Council               judgment in Case T-125/96, as it considers that the Court of
                   of the European Union                               First Instance committed a fundamental error of law by failing
                                                                       to properly examine the Council’s plea of inadmissibility. In
                                                                       the submission of the Council, failure by the Court to firstly
                                                                       rule on the right of a natural or legal person to bring annulment
                                                                       proceedings against a directive, prior to its consideration of
                        (Case C-23/00 P)
                                                                       the merits of the case, is in contradiction with the letter and
                                                                       the spirit of Article 230(4)EC and in contradiction with the
                                                                       Court’s own case-law.
                        (2000/C 102/19)
                                                                       (1) OJ C 318 of 26.10.1996, p. 15.
                                                                       (2) OJ C 354 of 23.11.1996, p. 32.
An appeal against the judgment delivered on 1 December                 (3) Of 29 April 1996 concerning the prohibition on the use in
1999 by the Second Chamber of the Court of First Instance of               stockfarming of certain substances having a hormonal or thyro-
the European Communities in Joined Cases T-125/96 (1)                      static action and of beta-agonists, and repealing Directives
                                                                           81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125, 23.05.96,
Boehringer Ingelheim Vetmedica GmbH and C.H. Boehringer
                                                                           p. 3).
Sohn Ltd, supported by Fédération Européenne de la Santé
                                                                       (4) Of 8 July 1996 amending Annex III of Council Regulation (EEC)
Animale (Fedesa) and the United Kingdom of Great Britain and
                                                                           No 2377/90 laying down a Community procedure for the
Northern Ireland, and the Council of the European Union,                   establishment of maximum residue limits of veterinary medicinal
supported by Stichting Kwaliteitsgarantie Vleeskalverensector              products in foodstuffs of animal origin (OJ L 170 of 9.7.1996,
(SKV) and the Commission of the European Communities, and                  p. 8).
T-152/96 (2) Boehringer Ingelheim Vetmedica GmbH and
C.H. Boehringer Sohn Ltd, supported by Fédération Européen-
ne de la Santé Animale (Fedesa), and the Commission of the
European Communities, supported by Stichting Kwaliteitsga-
rantie Vleeskalverensector (SKV) and the Council of the
European Union, was brought before the Court of Justice of
the European Communities on 27 January 2000 by the
Council of the European Union, represented by Mrs Moyra
Sims-Robertson and Mr Ignacio Dı́ez Parra, Legal Advisers,
acting as agents, with an address for service in Luxembourg at         Reference for a preliminary ruling by the Commissione
the office of Mr Alessandro Morbilli, Director of the Legal            Tributaria Regionale di Venezia — Sezione No 31, by
Affairs Directorate of the European Investment Bank, 100               order of that court of 9 December 1999 in the case of
Boulevard Konrad Adenauer, Kirchberg.                                  Ufficio delle Entrate di Venezia 2 against Hôtel Plaza SpA
                                                                                                 (Case C-25/00)
The Appellant claims that the Court should:
                                                                                                (2000/C 102/20)
— rule on the objection of inadmissibility raised by the               Reference has been made to the Court of Justice of the
    Council in Case T-125/96;                                          European Communities by order of the Commissione Tributa-
                                                                       ria Regionale di Venezia 2 — Sezione 31 (Regional Tax Court,
                                                                       Venice — Section 31) of 9 December 1999, received at the
— set aside that part of the decision of the Court of First            Court Registry on 28 January 2000, for a preliminary ruling
    Instance dispensing with the need to rule on the objection         in the case of Ufficio delle Entrate di Venezia 2 against Hôtel
    of inadmissibility raised by the Council.                          Plaza SpA on the following questions: