CELEX: C1998/094/10
Language: en
Date: 1998-03-28 00:00:00
Title: ORDER OF THE COURT (Fourth Chamber) of 5 February 1998 in Case C-30/96 P: Giovanni Battista Abello and Others, Gerhard Riesch v. Commission of the European Communities, supported by Council of the Euroepan Union (Officials - Pay slips - Weightings - Regulations (EEC) No 3761/92, (EEC) No 3765/92 and (EEC) No 3766/92 - Plea of inadmissibility)

28.3.98              EN                   Official Journal of the European Communities                                    C 94/5
Emden (Germany), represented by Detlef Schumacher and                1. The appeal is dismissed.
Wilhelm Wiltfang, Rechtsanwalt Ð appeal against the
order of the Court of First Instance (Third Chamber) of
19 February 1997 in Case T-117/96 Intertronic v.                     2. Mr Abello and Others and Mr Riesch shall pay the
Commission [1997] ECR II-141, seeking to have that                       costs.
order set aside, the other party to the proceedings being
Commission of the European Communities (Agent: Klaus                 (1) OJ C 108, 13.4.1996.
Wiedner) Ð the Court (First Chamber), composed of: M.
Wathelet, President of the Chamber, D. A. O. Edward and
L. Sevón (Rapporteur), Judges; N. Fennelly, Advocate-
General; R. Grass, Registrar, made an order on 15 January
1998, the operative part of which is as follows:
                                                                     Action brought on 22 December 1997 by the Commission
1. The appeal is dismissed.                                          of the European Communities against the French Republic
                                                                                           (Case C-434/97)
2. The applicant is ordered to pay the costs.                                                 (98/C 94/11)
(1) OJ C 212, 12.7.1997.
                                                                     An action against the French Republic was brought before
                                                                     the Court of Justice of the European Communities on
                                                                     22 December 1997 by the Commission of the European
                                                                     Communities, represented by HeÂleÁne Michard and Enrico
                                                                     Traversa, of its Legal Service, acting as Agents, with an
                                                                     address for service in Luxembourg at the office of Carlos
                  ORDER OF THE COURT                                 Gómez de la Cruz, Wagner Centre, Kirchberg.
                      (Fourth Chamber)
                                                                     The applicant claims that the Court should:
                     of 5 February 1998
in Case C-30/96 P: Giovanni Battista Abello and Others,
Gerhard Riesch v. Commission of the European                         Ð declare that, by maintaining in force legislative
Communities, supported by Council of the Euroepan                        provisions under which beverages with an alcohol
                           Union (1)                                     content exceeding 25 % vol. are subject to a special
                                                                         contribution calculated per decilitre or parts thereof,
(Officials Ð Pay slips Ð Weightings Ð Regulations (EEC)                  the French Republic has failed to fulfil its obligations
No 3761/92, (EEC) No 3765/92 and (EEC) No 3766/92                        under Article 3(2) of Council Directive 92/12/EEC (1)
                  Ð Plea of inadmissibility)                             of 25 February 1992 on the general arrangements for
                                                                         products subject to excise duty and on the holding,
                         (98/C 94/10)                                    movement and monitoring of such products, read in
                                                                         conjunction with Council Directive 92/83/EEC (2) of
                                                                         19 October 1992 on the harmonisation of the
                (Language of the case: Italian)
                                                                         structures of excise duties on alcohol and alcoholic
                                                                         beverages,
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)                    Ð order the French Republic to pay the costs.
In Case 30/96 P: Giovanni Battista Abello and Others,                Pleas in law and main arguments adduced in support:
Gerhard Riesch (Agents: Michele Tamburini and Franco
Colussi) Ð appeal against the judgment of the Court of               Failure to fulfil obligations under Directive 92/12/EEC
First Instance of the European Communities (Fourth                   inasmuch as the French social security' contribution:
Chamber) of 7 December 1995 in Joined Cases T-544/93
and T-566/93 Abello and Others v. Commission [1995]
ECR-SC II-815, seeking to have that judgment set aside,              Ð is calculated per decilitre of beverage and not by
the other party to the proceedings being: Commission of                  reference to the quantity of pure alcohol contained in
the European Communities (Agent: Gianluigi Valsesia,                     the beverage in question,
assisted by Alberto Dal Ferro), supported by Council of
the European Union (Agent: Anna Lo Monaco) Ð the
Court (Fourth Chamber), composed of: H. Ragnemalm,                   Ð applies to beverages with an alcohol content exceeding
President of the Chamber, J. L. Murray (Rapporteur) and                  25 % vol, whereas the Community customs duty
K. M. Ioannou, Judges; P. LeÂger, Advocate-General; R.                   category of ethyl alcohol (Article 20 of Directive 92/
Grass, Registrar, made an order on 5 February 1998, the                  83/EEC) covers products with an alcohol content
operative part of which is as follows:                                   exceeding 22 % vol.