CELEX: C2003/251/10
Language: en
Date: 2003-10-18 00:00:00
Title: Case C-352/03 P: Appeal brought on 11 August by P. Del Vaglio against the judgment delivered on 4 June 2003 by the Court of First Instance of the European Communities (Single Judge) in Joined Cases T-124/01 and T-320/01 between P. Del Vaglio and Commission of the European Communities

18.10.2003               EN                              Official Journal of the European Union                                        C 251/5
     dually, depart from actual values to an extent not greater                and, consequently,
     than a certain threshold?
                                                                                    1.   annul the decision taken by the Commission on
                                                                                         5 April 2000 refusing to apply the weighting for
2.   With reference to the duty of each Member State to adopt                            the United Kingdom to the applicant's pension from
     ‘appropriate penalties’ for the infringements established                           8 May 1999 and, in so far as necessary, annul the
     by1 the first and fourth directives (Directive 68/151/EEC                           Commission's decision of 23 February 2001 rejecting
     and Directive 78/660/EEC), must the directives themselves                           the applicant's complaint of 18 July 2000,
     and in particular the combined provisions of Article 44(3)
     (g) of the Treaty, Articles 2(1)(f) and 6 of the first directive
     (Directive 68/151/EEC) and Article 2(2), (3) and (4) of
     the fourth directive (Directive 78/660/EEC, as amended by                      2.   order the Commission to apply the weighting for the
     Directive 83/349 and Directive 90/605), be interpreted as                           United Kingdom with retroactive effect to 8 May
     meaning that that legislation precludes a law of a Member                           1999,
     State which, in the case of infringement of the obligations
     imposed in order to safeguard the principle of public and
     accurate company information, lays down a sanctionative
     system which actually allows false accounting to the                           3.   order the Commission to pay damages provisionally
     extent of one fifth of the company's net assets?                                    assessed on an equitable basis at EUR 10 000 and to
                                                                                         pay interest of 7 % on the balance of the pension
                                                                                         payable from 8 May 1999,
(1) English special edition...: Series-I I Chapter 1968(I), p. 41.
(2) OJ L 222 of 14.8.1978, p. 11.
(3) OJ L 193 of 18.7.1983, p. 1.                                                    4.   order the Commission to pay all the costs.
(4) OJ L 317 of 16.11.1990, p. 60.
                                                                               B.   Set aside the decision of the Court of First Instance in so
                                                                                    far as it dismissed the application in Case T-320/01 for
                                                                                    the period prior to 1 January 2001
Appeal brought on 11 August by P. Del Vaglio against the
judgment delivered on 4 June 2003 by the Court of First                        and, consequently,
Instance of the European Communities (Single Judge) in
Joined Cases T-124/01 and T-320/01 between P. Del
  Vaglio and Commission of the European Communities                                 1.   annul the decision taken by the Commission on
                                                                                         6 September 2001 rejecting the applicant's complaint
                          (Case C-352/03 P)                                              in respect of the application to his pension of a
                                                                                         weighting for the United Kingdom with effect from
                                                                                         24 September 2000,
                           (2003/C 251/10)
                                                                                    2.   order the Commission to apply a weighting for the
                                                                                         United Kingdom with retroactive effect to
An appeal against the judgment delivered on 4 June 2003 by                               24 September 2000,
the Court of First Instance of the European Communities
(Single Judge) in Joined Cases T-124/01 and T-320/01 between
P. Del Vaglio and Commission of the European Communities                            3.   order the Commission to pay damages provisionally
was brought before the Court of Justice of the European                                  assessed on an equitable bases at EUR 15 000 and to
Communities on 11 August 2003 by P. Del Vaglio, represented                              pay interest of 7 % on the balance of the pension
by M. Famchon and B. Desrez, lawyers, with an address for                                from 24 September 2000 until 1 April 2001.
service in Paris.
                                                                               Pleas and main arguments
The appellant claims that the Court should:
                                                                               The Court of First Instance erred in considering that the docu-
                                                                               ments produced provided sufficient evidence of the applicant's
A.    Set aside the judgment of the Court of First Instance of                 intention to establish his residence in London only from
      4 June 2003 in so far as it dismisses the application in                 1 January 2001. The Court of First Instance also made an
      Case T-124/01                                                            error of law in considering that the fact that the applicant was
 ---pagebreak--- C 251/6                EN                     Official Journal of the European Union                                           18.10.2003
deprived of the benefit of the inter-service meeting provided          2003, for a preliminary ruling in the case of Optigen Ltd
for in the regulations had not adversely affected him. In the          against Commissioners of Customs and Excise on the
absence of that meeting, the applicant was unable either to            following questions:
present his case in an appropriate manner before a group of
representatives of the Commission or to know what probative
documents the Commission considered to be lacking.
                                                                       A.     Under the common system of VAT, and in the light of
                                                                              Council Directives 67/227/EEC (1) and 77/388/EEC (2), is
                                                                              the entitlement of a trader to credit for a payment in
                                                                              respect of VAT under a transaction to be judged by
                                                                              reference to:
Reference for a preliminary ruling by the Court of Appeal
(England & Wales) (Civil Division) by order of that court
dated 25 July 2003, in the case of Société de produits                       (1)    only the particular transaction to which the trader
                Nestlé SA against Mars UK Ltd                                       was a party including the trader's purposes in enter-
                                                                                    ing into it, or
                          (Case C-353/03)
                          (2003/C 251/11)
                                                                             (2)    the totality of transactions, including subsequent
Reference has been made to the Court of Justice of the                              transactions, making up a circular chain of supply
European Communities by an order of the Court of Appeal                             of which the particular transaction forms part
(England & Wales) (Civil Division) dated 25 July 2003, which                        including the purposes of other participants in the
was received at the Court Registry on 18 August 2003, for a                         chain of which the trader has no knowledge and/or
preliminary ruling in the case of Société de produits Nestlé SA                     means of knowledge, and/or
against Mars UK Ltd on the following question:
Whether the distinctive character of a mark referred to
in Article 3(3) of Council Directive 89/104/EEC (1) and                      (3)    the fraudulent acts and intention, whether arising
Article 7(3) of Council Regulation 40/94 (2) may be acquired                        prior or subsequent to the particular transaction, of
following or in consequence of the use of that mark as part of                      other participants in the circular chain of whose
or in conjunction with another mark?                                                involvement the trader is unaware and of whose
                                                                                    acts and intentions the trader has no knowledge
                                                                                    and/or means of knowledge, or
(1) First Council Directive 89/104/EEC of 21 December 1988 to
    approximate the laws of the Member States relating to trade
    marks OJ L 040, 11.02.1989, p. 1-7.
(2) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                                                                             (4)    some other, and if so what, criteria?
    Community trade mark OJ L 011, 14.01.1994, p. 1-36.
                                                                       B.    Does the exclusion from the VAT regime of transactions
                                                                             entered into by an innocent party, but which form links in
                                                                             a carousel fraud by others, infringe the general principles
Reference for a preliminary ruling by the High Court of
                                                                             of proportionality, equal treatment or legal certainty?
Justice (England & Wales), Chancery Division, by order of
that court dated 28 July 2003, in the case of Optigen Ltd
        against Commissioners of Customs and Excise
                                                                       (1) First Council Directive 67/227/EEC of 11 April 1967 on the
                          (Case C-354/03)                                  harmonisation of legislation of Member States concerning turnover
                                                                           taxes OJ P 071, 14.04.1967, p. 1301-1303.
                          (2003/C 251/12)                              (2) Sixth Council Directive 77/388/EEC of 17 May 1977 on the
                                                                           harmonization of laws of the Member States relating to turnover
Reference has been made to the Court of Justice of the                     taxes — Common system of value added tax: uniform bassis of
European Communities by an order of the High Court of                      assessment OJ L 145, 13.06.1977, p. 1-40.
Justice (England & Wales), Chancery Division, dated 28 July
2003, which was received at the Court Registry on 18 August