CELEX: C2000/079/08
Language: en
Date: 2000-03-18 00:00:00
Title: Order of the Court (First Chamber) of 16 December 1999 in Case C-259/99 P: Karola Gluiber v Council of the European Union and Commission of the European Communities (Appeal manifestly inadmissible and manifestly unfounded)

C 79/4                 EN                      Official Journal of the European Communities                                     18.3.2000
                   ORDER OF THE COURT                                                         ORDER OF THE COURT
                                                                                                   (First Chamber)
                        (Fourth Chamber)
                                                                                                of 16 December 1999
                     of 16 December 1999                                  in Case C-259/99 P: Karola Gluiber v Council of the
                                                                          European Union and Commission of the European Com-
                                                                                                      munities (1)
in Case C-104/99 (reference for a preliminary ruling                      (Appeal manifestly inadmissible and manifestly unfounded)
from the Commissione Tributaria Provinciale di Brindisi):
Oleifici Italiani SpA v Direzione Regionale delle Entrate
                          per la Puglia (1)                                                         (2000/C 79/08)
                                                                                             (Language of the case: German)
(Article 104(3) of the Rules of Procedure — Manifestly
                        identical question)                               In Case C-259/99 P: Karola Gluiber, residing at Staudernheim
                                                                          (Germany), represented by J-C Schöninger, Rechtsanwalt, Lahr
                                                                          — appeal against the Order of the Court of First Instance of
                                                                          the European Communities, First Chamber, of 5 May 1999 in
                          (2000/C 79/07)
                                                                          Case T-190/08, Karola Gluiber v Council and Commission
                                                                          (not published in the Court Reports), seeking to have that
                                                                          order set aside, the other party to the proceedings being
                                                                          Council of the European Union and Commission of the
                                                                          European Communities — the Court (First Chamber), compo-
                   (Language of the case: Italian)                        sed of L. Sevón, President of the Chamber, P. Jann (Rapporteur)
                                                                          and M. Wathelet, Judges; A. La Pergola, Advocate General;
                                                                          R. Grass, Registrar, made an order on 16 December 1999, the
                                                                          operative part of which is as follows:
In Case C-104/99: reference to the Court under Article 234 EC
from the Commissione Tributaria Provinciale di Brindisi                   1. The appeal is dismissed.
(Provincial Tax Court Brindisi), Italy, for a preliminary ruling
in the proceedings pending before that court between Oleifici             2. Ms Gluiber shall bear her own costs.
Italiani SpA and Direzione Regionale delle Entrate per la Puglia
— on the interpretation of Council Directive 69/335/EEC on
indirect taxes on the raising of capital (OJ, English special             (1) OJ C 299 of 16.10.1999.
edition, 1969 (II), p. 412), as amended by Council Directive
85/303/EEC of 10 June 1985 (OJ 1985 L 156, p. 23) —
the Court (Fourth Chamber), composed of: D.A.O. Edward,
President of the Chamber, P.J.G. Kapteyn and H. Ragnemalm
(Rapporteur), Judges; N. Fennelly, Advocate General; R. Grass,
Registrar, has made an order on 16 December 1999, in which
it has ruled:
                                                                          Action brought on 28 October 1999 by the Commission
                                                                          of the European Communities against the Republic of
Council Directive 69/335/EEC of 17 July 1969 concerning indirect                                        Austria
taxes on the raising of capital, as amended by Council Directive
85/303/EEC of 10 June 1985 does not preclude the levying on                                        (Case C-412/99)
capital companies of a tax such as the tax on companies’ net assets.
                                                                                                    (2000/C 79/09)
(1) OJ C 188 of 3.7.1999.                                                 An action against the Republic of Austria was brought
                                                                          before the Court of Justice of the European Communities
                                                                          on 28 October 1999 by the Commission of the European
                                                                          Communities, represented by Josef Christian Schieferer, of its
                                                                          Legal Service, with an address for service in Luxembourg at
                                                                          the office of Carlos Gómez de la Cruz, of its Legal Service,
                                                                          Wagner Centre, Kirchberg.