CELEX: C2003/239/04
Language: en
Date: 2003-10-04 00:00:00
Title: Case C-329/03: Reference for a preliminary ruling by the Areiou Pagou by order of that Court of 31 March 2003 in the case of Trapeza tis Ellados AE against Banque Artesia

4.10.2003              EN                        Official Journal of the European Union                                               C 239/3
—      Infringement of Article 43(3) of the Rules of Procedure           Further, is the use in a bank, as a credit institution, of balances
       of the Court of First Instance: the applicant submits that        on a deposit account, funds being placed in that account, as
       in the present case the appeal was not accepted on the            provided for in Decision 1097/1959 of the Monetary Com-
       grounds of alleged failure to observe the period of               mittee referred to in this judgment (with the proceeds of
       confirmation, rather than the procedural time-limit which         imported foreign currency, and so forth), as deposits in
       was complied with by transmission of the fax.                     national currency, convertible into foreign currency, governed
                                                                         by Article 4 of that same directive, List D and item IX of the
                                                                         Nomenclature, which reads: ‘Opening and placing of funds on
—      Infringement of Article 43(6) of the Rules of Procedure           current or deposit accounts, repatriation or use of balances on
       of the Court of First Instance: the applicant submits, in         current or deposit accounts with credit institutions’, as that
       accordance with the principle of proportionality, that to         provision stands according to its spirit and the purpose sought
       the existing procedural time-limit, extended by ten days          by that provision?
       on account of distance, may be added ten additional days
       in order to validate an application and a list of annexes
       previously sent by fax.
                                                                         (1 ) English special edition: Series I Chapter 1959-1962 p. 49.
Reference for a preliminary ruling by the Areiou Pagou                   Action brought on 29 July 2003 by the Commission
by order of that Court of 31 March 2003 in the case of                   of the European Communities against the Portuguese
        Trapeza tis Ellados AE against Banque Artesia                                                    Republic
                         (Case C-329/03)                                                            (Case C-332/03)
                         (2003/C 239/04)                                                            (2003/C 239/05)
Reference has been made to the Court of Justice of the                   An action against the Portuguese Republic was brought before
European Communities by order of the Areiou Pagou                        the Court of Justice of the European Communities on 29 July
(Supreme Court of Cassation) of 31 March 2003, received at               2003 by the Commission of the European Communities,
the Court Registry on 28 July 2003, for a preliminary ruling             represented by Thomas van Rijn and Ana Maria Alves Vieira,
in the case of Trapeza tis Ellados AE against Banque Artesia on          acting as Agents, with an address for service in Luxembourg.
the following question:
Are (a) bonds issued by a bank in the form of a limited                  The applicant claims that the Court should:
company belonging, by virtue of its shares, to the State, with a
maturity of one year from issue which are dealt in on the
                                                                         1)     declare that:
money market, where they are quoted, or (b) bonds issued by
a bank in the form of a limited company with a maturity of
one year from issue which are dealt in on the money market,                     —     by failing to adopt appropriate rules for the use of
where they are quoted, governed by Article 4 of the First                             the quotas allocated to it for the fishing years from
Directive of the Council of the European Communities (921/                            1994 to 1996;
60) ( 1), List D and item VI of the Nomenclature, which reads
‘Short-term investments in Treasury bills and other securities
normally dealt in on the money market’, as that provision                       —     by failing to ensure compliance with Community
stands according to its spirit and the purpose sought or is to                        legislation in the field of conservation, by means of
be interpreted under a possible doctrine in international trade                       sufficient supervision of fishing activities and adqua-
of common experience, to the effect that securities such as                           te inspection of the fishing fleet and of the unloading
the one-year bonds in ETVA at issue constitute short-term                             and recording of catches in the fishing years 1994 to
investments?                                                                          1996;