CELEX: C2001/186/07
Language: en
Date: 2001-06-30 00:00:00
Title: Case C-141/01 P: Appeal brought on 27 March 2001 by Confederazione Generale dell'Industria Italiana (Confindustria), established in Rome, Confederazione Generale Italiana del Commercio, del Turismo, dei Servizi e delle PMI (Confcommercio), Confartigianato, Associazione Bancaria Italiana (ABI), established in Rome, Associazione Nazionale fra le Imprese Assicuratrici (ANIA), established in Milan (Italy), and Banco di Napoli SpA, established in Naples (Italy) against the order made on 19 January 2001 by the Second Chamber, Extended

C 186/4                EN                  Official Journal of the European Communities                                       30.6.2001
Thionville, with an address for service in Luxembourg at the          2.    accordingly, declare the application admissible and send
premises of Borislav Erdeljan, 90 Route de Thionville —                     it back to the Court of First Instance for judgment (or for
Appeal against the unpublished order of the Court of First                  a stay of proceedings pending delivery of the judgment
Instance of the European Communities (First Chamber) of                     of the Court of Justice in Case C-310/99 Italy v Com-
21 May 1999 in Cases T-169/98 and T-170/98 Schiocchet v                     mission);
Commission, seeking to have that order annulled and to have
the forms of order sought by the appellant at first instance          3.    order the Commission to pay the full costs incurred by
granted, the other party to the proceedings being: Commission               the appellants in respect of matters adjunct to proceedings
of the European Communities (Agent: M. Wolfcarius, assisted                 before the Court of First Instance and the present appeal
by J.-L. Fagnart) — The Court (Third Chamber), composed of:                 proceedings, reserving the costs of the main proceedings.
C. Gulmann (Rapporteur), President of the Chamber,
J.-P. Puissochet and F. Macken, Judges; S. Alber, Advocate
General; R. Grass, Registrar, has made an order on 16 Novem-          Pleas in law and main arguments
ber 2000, the operative part of which is as follows:
                                                                      The contested order is vitiated by the following errors in law:
1.    The appeal is dismissed.
                                                                      —     infringement and misapplication of Articles 111 and 114
2.    Schiocchet SARL shall pay the costs.                                  of the Rules of Procedure of the Court of First Instance;
                                                                      —     infringement and misapplication of the provisions of the
                                                                            Rules of Procedure of the Court of First Instance with
(1) OJ C 281 of 2.10.1999.                                                  regard to calculating procedural time-limits in the event
                                                                            of publication of the contested act;
                                                                      —     failure to give reasons in relation to the legal arguments
                                                                            for the application of the rules on time-limits invoked by
                                                                            the appellant;
                                                                      —     in the alternative, error of law and failure to state reasons
                                                                            with regard to the matter of excusable error.
Appeal brought on 27 March 2001 by Confederazione
Generale dell’Industria Italiana (Confindustria), estab-
lished in Rome, Confederazione Generale Italiana del
Commercio, del Turismo, dei Servizi e delle PMI
(Confcommercio), Confartigianato, Associazione Bancaria
Italiana (ABI), established in Rome, Associazione Naziona-
le fra le Imprese Assicuratrici (ANIA), established in Milan          Reference for a preliminary ruling by the Bundesfinanzh-
(Italy), and Banco di Napoli SpA, established in Naples               of by order of that court of 1 March 2001 in the case of
(Italy) against the order made on 19 January 2001 by the              Kyocera Electronics Europe GmbH against Hauptzollamt
                  Second Chamber, Extended                                                          Krefeld
                        (Case C-141/01 P)                                                      (Case C-152/01)
                                                                                               (2001/C 186/08)
                         (2001/C 186/07)
                                                                      Reference has been made to the Court of Justice of the
An appeal against the order made on 19 January 2001 by the            European Communities by order of the Bundesfinanzhof
Second Chamber extended Composition, of the Court of First            (Federal Finance Court) of 1 March 2001, received at the Court
Instance of the European Communities in Case T-126/00                 Registry on 9 April 2001, for a preliminary ruling in the case
between Confederazione Generale dell’Industria Italiana (Con-         of Kyocera Electronics Europe GmbH v Hauptzollamt Krefeld
findustria) and Others and the Commission of the European             on the following questions:
Communities was brought before the Court of Justice of the
European Communities on 27 March 2001 by Confederazione               1.    Must Article 3(2)(a) of Commission Regulation (EEC)
Generale dell’Industria Italiana (Confindustria) and the other              No 1495/80 (1) of 11 June 1980 implementing certain
abovementioned companies.                                                   provisions of Articles 1, 3 and 8 of Council Regulation
                                                                            (EEC) No 1224/80 (2) on the valuation of goods for
                                                                            customs purposes as amended by Regulation (EEC)
The appellant claims that the Court should:                                 No 220/85 (3) be interpreted as meaning that payments
                                                                            of interest are distinct from the price of the goods if at
1.    set aside the order of the Court of First Instance of the             the material time, namely the acceptance of the customs
      European Communities of 19 January 2001;                              declaration, only the invoice for the net price of the goods