CELEX: C1998/137/11
Language: en
Date: 1998-05-02 00:00:00
Title: Reference for a preliminary ruling from the Hoge Raad der Nederlanden by order of that court of 11 February 1998 in the case of staatssecretaris van Financiën against B. G. M. Verkooyen (Case C-35/98)

C 137/6               EN                Official Journal of the European Communities                                   2.5.98
Reference for a preliminary ruling from the Hoge Raad              The applicant claims that the Court should:
der Nederlanden by order of that court of 11 February
1998 in the case of staatssecretaris van FinancieÈn against
                                                                   1. order Silena to pay ECU 15 000, together with interest
                     B. G. M. Verkooyen
                                                                       at the rate of ECU 4,17 per day from 10 May 1995 to
                        (Case C-35/98)                                 31 December 1996, totalling ECU 2 481,15, and ECU
                                                                       2,8 per day from 1 January 1997 until the day of
                         (98/C 137/11)
                                                                       actual payment;
Reference has been made to the Court of Justice of the             2. order Silena to pay the costs.
European Communities by order of the Hoge Raad der
Nederlanden (Supreme Court of the Netherlands) of
                                                                   Pleas in law and main arguments adduced in support:
11 February 1998, received at the Court Registry on
13 February 1998, for a preliminary ruling in the case of
staatssecretaris van FinancieÈn against B. G. M. Verkooyen         The action, brought under an arbitration clause, seeks
on the following questions.                                        payment of a sum of money owed by the defendant by
                                                                   way of transfer of the right to market the technical
                                                                   package' in the context of Agreement No 10433-94-09-
1. Must Article 1(1) of Council Directive 88/361/EEC (1)           TICRISPI. The Commission decided to terminate the
    in conjunction with point I(2) in Annex I to that              contract on the ground of the defendant's failure to
    Directive be interpreted as meaning that a restriction         perform. The effects of the termination of the contract are
    arising from a provision of the income tax legislation         governed by italian law.
    of a Member State which exempts shareholders, up to
    a certain amount, from liability to income tax on
    dividends, but restricts that exemption to dividends
    paid in respect of shares in companies established in
    that Member State, has been prohibited since 1 July
    1990 pursuant to Article 6(1) of that Directive?
                                                                   Action brought on 18 February 1998 by the Commission
                                                                   of the European Communities against TVR-Tecnologie
2. If the answer to question 1 is in the negative, must                                    Vetroresina SpA
    Articles 6 and/or 52 of the EC Treaty be interpreted as
                                                                                           (Case C-40/98)
    meaning that a restriction of the kind referred to in
    that question is incompatible with one or both of                                       (98/C 137/13)
    those Articles?
                                                                   An action against TVR-Tecnologie Vetroresina SpA, whose
3. Do the answers to the questions set out above differ            registered office is in Rome, was brought before the Court
    depending on whether the person seeking the benefit            of Justice of the European Communities on 18 February
    of such an exemption is an ordinary shareholder or an          1998 by the Commission of the European Communities,
    employee (of a subsidiary company) who holds the               represented by Eugenio de March, Legal Adviser, assisted
    shares in question in the context of an employees'             by Alberto Dal Ferro, of the Vicenza Bar, with an address
    savings plan?                                                  for service in Luxembourg at the office of Carlos Gómez
                                                                   de la Cruz, Wagner Centre, Kirchberg.
(1) OJ L 178, 8.7.1998, p. 5.
                                                                   The applicant claims that the Court should:
                                                                   Ð order the defendant to repay ECU 211 307 together
                                                                       with interest, from 21 December 1991 until payment
                                                                       is actually made, at a rate of ECU 69,47 per day,
Action brought on 18 February 1998 by the Commission
     of the European Communities against Silena SpA
                                                                   Ð order the defendant to pay ECU 20 000 by way of
                        (Case C-39/98)                                 compensation for damage,
                         (98/C 137/12)
                                                                   Ð order the defendant to pay the costs.
An action against Silena SpA, having its office in Cernusco
                                                                   Pleas in law and main arguments adduced in support:
sul Naviglio (Italy), was brought before the Court of
Justice of the European Communities on 18 February
1998 by the Commission of the European Communities,                The action, brought under an arbitration clause, seeks the
represented by Eugenio de March, Legal Adviser, acting as          repayment of an advance paid under contract 3440/1/0/
Agent, assisted by Alberto Dal Ferro, of the Vicenzo Bar,          187/91/6-BCR-I(30) for the completion of a project
with an address for service in Luxembourg at the office of         concerning the study of measuring systems for products
Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.                 manufactured from composite materials. The Commission