CELEX: C2000/020/13
Language: en
Date: 2000-01-22 00:00:00
Title: Case C-4/99 P: Appeal brought on 6 January 1999 by Anthony Goldstein against the order made on 28 October 1998 by the Court of First Instance of the European Communities (Fourth Chamber) in Case T-100/98 between the present appellant and the Commission of the European Communities

22.1.2000               EN                      Official Journal of the European Communities                                       C 20/7
(Finance Court) Münster, Germany, for a preliminary ruling in              1. The appeal is dismissed.
the proceedings pending before that court between Eurowings
Luftverkehrs AG and Finanzamt Dortmund-Unna — on the
interpretation of Article 59 of the EC Treaty (now, after                  2. Ms Gluiber is to bear her own costs.
amendment, Article 49 EC) — the Court, composed of:
G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida
(Rapporteur), D.A.O. Edward, L. Sevón (Presidents of Cham-
bers), P.J.G. Kapteyn, C. Gulmann, J.-P. Puissochet, G. Hirsch,            (1) OJ C 226 of 7.8.1999.
P. Jann, H. Ragnemalm and M. Wathelet, Judges; J. Mischo,
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 26 October 1999, in which
it has ruled:
Article 59 of the EC Treaty (now, after amendment, Article 49 EC)          Appeal brought on 6 January 1999 by Anthony Goldstein
precludes national legislation on trade tax such as that at issue in the   against the order made on 28 October 1998 by the Court
main action.                                                               of First Instance of the European Communities (Fourth
                                                                           Chamber) in Case T-100/98 between the present appellant
                                                                               and the Commission of the European Communities
(1) OJ C 295 of 27.9.1997.
                                                                                                   (Case C-4/99 P)
                                                                                                    (2000/C 20/13)
                    ORDER OF THE COURT
                                                                           An appeal was brought before the Court of Justice of the
                                                                           European Communities on 6 January 1999 by Anthony
                          (First Chamber)                                  Goldstein against the order made on 28 October 1998 by the
                                                                           Court of First Instance of the European Communities (Fourth
                                                                           Chamber) in Case T-100/98 between the present appellant and
                       of 14 October 1999                                  the Commission of the European Communities.
in Case C-188/99 P: Karola Gluiber v Council of the                        By order of 8 July 1999, the Court of Justice (Fourth Chamber)
European Union and Commission of the European Com-                         dismissed the appeal and ordered the appellant to pay the
                             munities (1)                                  costs.
       (Manifestly inadmissible and unfounded appeal)
                           (2000/C 20/12)
                                                                           Appeal brought on 22 September 1999 by the Com-
                                                                           mission against the order made on 14 September 1999 by
                   (Language of the case: German)                          the Court of First Instance of the European Communities
                                                                           (Third Chamber) in Case T-145/98 ADT Projekt Gesell-
                                                                           schaft der Arbeitsgemeinschaft Deutscher Tierzüchter
In Case C-188/99 P: Karola Gluiber, residing at Staudernheim                   mbH v Commission of the European Communities
(Germany), represented by Dieter Rogalla, Rechtsanwalt,
Hamm, with an address for service in Luxembourg at the
Chambers of Marguit Capus-Leelare, 117 Avenue Gaston                                              (Case C-349/99 P)
Diderich — appeal against the order of the Court of First
Instance of the European Communities (First Chamber) of
16 March 1999 in Case T-147/98 Gluiber v Council and                                                (2000/C 20/14)
Commission (not published in the European Court Reports),
seeking to have that order set aside, the other parties to the
proceedings being the Council of the European Union and the                An appeal was brought before the Court of Justice of
Commission of the European Communities — the Court (First                  the European Communities on 22 September 1999 by the
Chamber), composed of: L. Sevón, President of the Chamber,                Commission of the European Communities against the order
D.A.O. Edward and P. Jann (Rapporteur), Judges; A. La Pergola,             made on 14 September 1999 by the Court of First Instance of
Advocate General; R. Grass, Registrar, has made an order on                the European Communities (Third Chamber) in Case T-145/98
14 October 1999, the operative part of which is as follows:                ADT Projekt Gesellschaft der Arbeitsgemeinschaft Deutscher