CELEX: C1996/133/39
Language: en
Date: 1996-05-04 00:00:00
Title: Action brought on 19 March 1996 by the Kingdon of the Netherlands against the Commission of the European Communities (Case C-84/96)

No C 133/ 18          EN                  Official Journal of the European Communities                                      4 . 5 . 96
Reference for a preliminary ruling by order of the Civil             Action brought on 19 March 1996 by the Kingdon of the
Division of the Tribunale Civile e Penale, Trento, of                Netherlands against the Commission of the European
15 February 1996 in the case of Grundig Italiana v.                                             Communities
                   Ministero delle Finanze
                                                                                               Case C-84/96 )
                       ( Case C-68/96 )                                                        ( 96/C 133/39 )
                         ( 96/C 133/37 )
Reference has been made to the Court of Justice of the               An action against the Commission of the European
                                                                     Communities was brought before the Court of Justice of the
European Communities by order of the Civil Division of the
Tribunale Civile e Penale ( Civil and Criminal District              European Communities on 19 March 1996 by the Kingdom
Court ), Trento, of 15 February 1996 , which was received at         of the Netherlands, represented by J. S. van den Oosterkamp
                                                                     and M. A. Fierstra , acting as Agents, with an address for
the Court Registry on 14 March 1996 , for a preliminary
                                                                     service in Luxembourg at the Netherlands Embassy, 5 Rue
ruling in the case of Grundig Italiana SpA against Ministero
                                                                     C. M. Spoo .
delle Finanze ( Ministry of Finance ) on the following
question :
                                                                     The applicant claims that the Court should :
Must Article 95 of the EC Treaty by interpreted as
prohibiting a Member State from introducing and collecting
a national consumption tax of the kind provided for by               — annul the debit note of 15 January 1996 and the
Article 4 of the Decree-Law of 30 December 1982,                         Commission decisions of 16 February 1996 concerning
converted into law by Law No 53 of 28 February 1983 , and                the completion of projects ERDF No 80.07.03.002
                                                                         ( Veendam-Musselkanaal ) and ERDF No 84.07.03.004
further governed by the Decree of the Ministry of Finance of
23 March 1983 , in so far as different taxable amounts are               (Weg Veendam ), which were co-financed prior to 1989
                                                                         by the European Regional Development Fund;
determined for domestic products and for those imported
from other Member States and different procedures are laid
down for collection of the tax on the same products ?                — order the defendant to pay the costs .
                                                                     Pleas in law and main arguments
                                                                     The pleas in law and mains arguments adduced in support
Reference for a preliminary ruling by the Netherlands Raad           are the same as those in Case C-308/95(M .
van State, by judgment of that court of 12 March 1996 in the
case of Mayor and Aldermen of Haarlemmerliede and
                                                                     (') OJ No C 299 , 11 . 11 . 1995 , p . 13 .
Spaarnwoude and Others v. Gedeputeerde Staten of
                       Noord-Holland
                       ( Case C-81 /96 )
                         ( 96/C 133/38 )
Reference has been made to the Court of Justice of the
European Communites by judgment of the Netherlands                   References for preliminary rulings from the Tribunale di
Raad van State ( State Council ) of 12 March 1996, which             Genova — Prima Sezione Civile — by orders of that court of
was received at the Court Registry on 18 March 1996 , for            1 February and 7 March , 1996 in the cases of ( 1 ) Palmera
a preliminary ruling in the case of Mayor and Aldermen               SpA, ( 2 ) Cesare Rognoli & Figlio Srl and ( 3 ) Igino Mazzola
of Haarlemmerliede and Spaarnwoude and Others v.                                  v. Ministero delle Finanze dello Stato
Gedeputeerde Staten ( Provincial Executive ) of Noord­
Holland on the following question :                                             ( Cases C-86/96, C-87/96 and C-88/96 )
                                                                                                 96/C 133/40 )
Does Council Directive 85/337/EEC of 27 June 1985 on the
assessment of the effects of certain public and private
projects on the environment ( 1 ) permit consent to be granted       Reference has been made to the Court of Justice of the
for a project mentioned in Annex I to the Directive where , in       European Communities by orders of the Tribunale di
the course of the preparation of the consent, no                     Genova — Prima Sezione Civile — ( District Court, Genoa,
environmental impact assessment within the meaning of the            First Civil Section ) of 1 February and 7 March 1996,
Directive was conducted in a case in which the consent               received at the Court Registry on 21 March 19 96 , for a
relates to a project for which consent had been granted              preliminary ruling in the cases of ( 1 ) Palmera SpA, ( 2 )
before 3 July 1988 , no use was made of that consent and             Cesare Rognoli & Figlio Sri and ( 3 ) Igino Mazzola v .
no environmental impact assessment satisfying the                    Ministero delle Finanze dello Stato on the questions
requirements of the Directive was conducted in the course of         identical to those in Joined Cases C-47/95 and others ( J ).
the preparation of that consent ?
                                                                     (') OJ No C 119 , 13 . 5 . 1995 , p . 5 .
(') OJ No L 175 , 1985 , p . 40 .