CELEX: C1999/352/01
Language: en
Date: 1999-12-04 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 8 July 1999 in Case C-235/92 P: Montecatini SpA v Commission of the European Communities (Appeal - Commission's Rules of Procedure - Procedure for the adoption of a decision by the College of Members of the Commission - Competition rules applicable to undertakings - Concepts of agreement and concerted practice - Limitation rules - Fine)

4.12.1999               EN                      Official Journal of the European Communities                                              C 352/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1. Dismisses the appeal;
                                                                             2. Orders Montecatini SpA to pay the costs;
                         (Sixth Chamber)
                                                                             3. Orders DSM NV to pay its own costs.
                           of 8 July 1999
                                                                             (1) OJ C 167 of 4.7.1992.
in Case C-235/92 P: Montecatini SpA v Commission of
                 the European Communities (1)
(Appeal — Commission’s Rules of Procedure — Procedure
for the adoption of a decision by the College of Members
of the Commission — Competition rules applicable to
undertakings — Concepts of agreement and concerted prac-
                tice — Limitation rules — Fine)                                               JUDGMENT OF THE COURT
                          (1999/C 352/01)                                                          of 7 September 1999
                                                                             in Case C-216/97 (reference for a preliminary ruling by
                    (Language of the case: Italian)                          the VAT and Duties Tribunal, Belfast): Jennifer Gregg and
                                                                              Mervyn Gregg v Commissioners of Customs & Excise (1)
(Provisional translation; the definitive translation will be published       (VAT — Sixth Directive — Exemptions for certain activities
                   in the European Court Reports)                            in the public interest — Establishment — Organisation —
                                                                             Meaning — Services performed by an association of two
                                                                                              natural persons (partnership))
In Case C-235/92 P: Montecatini SpA (formerly Montedison
SpA, then Montepolimeri SpA, then Montedipe SpA), whose
registered office is in Milan, Italy, represented by G. Aghina                                         (1999/C 352/02)
and G. Celona, of the Milan Bar, and P.A.M. Ferrari, of the
Rome Bar, with an address for service in Luxembourg at the
Chambers of G. Margue, 20 Rue Philippe II, supported by                                         (Language of the case: English)
DSM NV, whose registered office is in Heerlen, Netherlands,
represented by I.G.F. Cath, of The Hague Bar, with an address
for service in Luxembourg at the Chambers of L. Dupong, 14a
                                                                             (Provisional translation: the definitive translation will be published
Rue des Bains — Appeal against the judgment of the Court of
                                                                                                in the European Court Reports)
First Instance of the European Communities (First Chamber)
of 10 March 1992 in Case T-14/89 Montedipe v Commission
[1992] ECR II-1155, seeking to have that judgment set aside,                 In Case C-216/97: Reference to the Court under Article 177 of
the other party to the proceedings being the Commission of                   the EC Treaty (now Article 234 EC), by the VAT and Duties
the European Communities (Agent: G. Marenco) — the Court                     Tribunal, Belfast, United Kingdom, for a preliminary ruling in
(Sixth Chamber), composed of: P.J.G. Kapteyn, President of the               the proceedings pending before that tribunal between Jennifer
Chamber, G. Hirsch, G.F. Mancini (Rapporteur), J.L. Murray                   Gregg and Mervyn Gregg and Commissioners of Customs &
and H. Ragnemalm, Judges; G. Cosmas, Advocate General; H.                    Excise, on the interpretation of Article 13A(1)(b) and (g) of the
von Holstein, Deputy Registrar and D. Louterman-Hubeau,                      Sixth Council Directive 77/388/EEC of 17 May 1977 on the
Principal Administrator, for the Registrar, has given a judgment             harmonisation of the laws of the Member States relating to
on 8 July 1999, in which it:                                                 turnover taxes — Common system of value added tax: uniform