CELEX: C2000/079/05
Language: en
Date: 2000-03-18 00:00:00
Title: Order of the Court of 26 November 1999 in Case C-192/98 (reference for a preliminary ruling from the Corte dei Conti): ex post facto review proceedings against Azienda Nazionale Autonoma delle Strade (ANAS) (Article 177 of the EC Treaty (now Article 234 EC)— Definition of "court or tribunal of a Member State" — Directive 92/50/EC — Procedures for the award of public service contracts)

18.3.2000               EN                        Official Journal of the European Communities                                             C 79/3
1. Sets aside points 2 and 3 of the operative part of the judgment                               ORDER OF THE COURT
     of the Court of First Instance of 19 February 1998 in Joined
     Cases T-369/94 and T-85/95 DIR International Film and
     Others v Commission;                                                                            (Fourth Chamber)
2. Refers the case back to the Court of First Instance;
                                                                                                    of 9 December 1999
3. Reserves the costs.
(1) OJ C 184 of 13.6.1998.                                                   in Case C-299/98 P: CPL Imperial 2 SpA and Unifrigo
                                                                             Gadus Srl v Commission of the European Communities (1)
                                                                             (Appeal — Recovery of post-clearance customs duties —
                                                                             Regulation (EEC) No 1697/79 — Regulation (EEC)
                                                                             No 2454/93 — Appeal manifestly inadmissible and mani-
                    ORDER OF THE COURT                                                                festly unfounded)
                      of 26 November 1999
                                                                                                       (2000/C 79/06)
in Case C-192/98 (reference for a preliminary ruling from
the Corte dei Conti): ex post facto review proceedings
against Azienda Nazionale Autonoma delle Strade
                              (ANAS) (1)                                                         (Language of the case: Italian)
(Article 177 of the EC Treaty (now Article 234 EC) —
Definition of ‘court or tribunal of a Member State’ —
Directive 92/50/EC — Procedures for the award of public                      (Provisional translation; the definitive translation will be published
                         service contracts)                                                     in the European Court Reports)
                           (2000/C 79/05)
                                                                             In Case C-299/98 P: CPL Imperial 2 SpA, established in
                                                                             Pescara, Italy, and Unifrigo Gadus Srl, established in Naples,
                    (Language of the case: Italian)                          Italy, represented by G. Celona, of the Milan Bar, with an
                                                                             address for service in Luxembourg at the Chambers of
                                                                             G. Margue, 20 Rue Philippe II — appeal against the judgment
(Provisional translation; the definitive translation will be published       of the Court of First Instance of the European Communities
                   in the European Court Reports)                            (Third Chamber) of 9 June 1998 in Joined Cases T-10/97 and
                                                                             T-11/97 Unifrigo Gadus and CPL Imperial 2 v Commission
In Case C-192/98: reference to the Court under Article 177 of                [1998] ECR II-2231, seeking to have that judgment set aside,
the EC Treaty (now Article 234 EC) from the Corte dei Conti                  the other party to the proceedings being Commission of the
(Italy) for a preliminary ruling in the ex post facto review                 European Communities (Agent: P. Stancanelli) — the Court
proceedings pending before that court against Azienda Nazion-                of Justice (Fourth Chamber), composed of D.A.O. Edward
ale Autonoma delle Strade (ANAS) on the interpretation of                    (Rapporteur), President of Chamber, P.J.G. Kapteyn and
Council Directive 92/50/EEC of 18 June 1992 relating to the                  H. Ragnemalm, Judges; N. Fennelly, Advocate General;
coordination of procedures for the award of public service                   R. Grass, Registrar, made an order on 9 December 1999, in
contracts (OJ 1992 L 209, p. 1) — the Court, composed of                     which it:
G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida,
D.A.O. Edward (Rapporteur), L. Sevón and R. Schintgen, Presi-               1. Dismisses the appeal;
dents of Chambers, P.J.G. Kapteyn, C. Gulmann, J.-P. Puisso-
chet, G. Hirsch, P. Jann, H. Ragnemalm, M. Wathelet and
V. Skouris, Judges; G. Cosmas, Advocate General; R. Grass,                   2. Orders CPL Imperial 2 SpA and Unifrigo Gadus Srl to pay the
Registrar, has made an order on 26 November 1999, the                             costs.
operative part of which is as follows:
The Court does not have jurisdiction to answer the questions raised
by the Corte dei Conti in its decision for reference of 7 April 1998.        (1) OJ C 299 of 26.9.1998.
(1) OJ C 234 of 25.7.1998.