CELEX: C1998/184/11
Language: en
Date: 1998-06-13 00:00:00
Title: Removal from the register of C-331/97

C 184/8               EN                Official Journal of the European Communities                                       13.6.98
Commission of the European Communities, was brought                     (b) was entitled to substitute its own reasoning for
before the Court of Justice of the European Communities                       one of the two reasons stated in the contested
on 27 April 1998 by D.I.R. International Film S.r.l.                          decision, the Court of First Instance's reasoning
(D.I.R.'), of Via Leonardo Fibonacci 43, 00166 Rome,                         was in any event irreconcilable with Article 85 of
Italy, Nostradamus Enterprises Limited (Nostradamus                          the EC Treaty, read in conjunction with Council
Enterprises'), of The Glassworks, 3Ð4 Ashland Place,                          Regulation 17/62.
London W1M 3JH, United Kingdom, Union P.N. S.r.l.
(Union'), of Via Margutta 33, 00187 Rome, Italy, United           (1) OJ C 137, 3.6.1995, p. 32.
International Pictures B.V. (UIP'), of Rijswijkstraat 175,        (2) Council Regulation 17/62 of 6 February 1962, First
1062 EV Amsterdam, Netherlands, United International                   Regulation implementing Articles 85 and 86 of the Treaty (OJ
Pictures AB (UIP AB'), of Hornsbruksgatan 19, 10274                   13, 21.2.1962, p. 204 [SE SER1 (59Ð62) p. 87]).
                                                                   (3) Council Decision 90/685/EEC of 21 December 1990
Stockholm, Sweden, United International Pictures APS
                                                                       concerning the implementation of an action programme to
(UIP APS'), of Hauchsvej 13, 1825 Frederiksberg C,                    promote the development of the European audiovisual
Copenhagen, Denmark, United International Pictures A/S                 industry (Media) (1991 to 1995) (OJ L 380, 31.12.1990,
(UIP A/S'), of Hegdehaugsveien 27, 0352 Oslo 3,                       p. 37).
Norway, United International Pictures EPE (UIP EPE'), of
4 Gambetta Street, Athens Gr. 106 78, Greece, United
International Pictures OY (UIP OY'), of Kaisaniemenkatu
1 C, 00100 Helsinki, Finland and United International
Pictures y Cia SRC (UIP y Cia SRC'), of Plaza del Callao
4Ð6o, Madrid 28013, Spain, represented by Alexandre                          Removal from the register of C-331/97 (1)
Vandencasteele and Olivier Speltdoorn, of the Brussels                                      (98/C 184/11)
Bar, of Liedekerke SimeÂon Wessing Houthoff, Brussels,
with an address for service in Luxembourg at the
Chambers of Ernest Arendt, 8Ð10 Rue Mathias Hardt.                 By order of 25 March 1998 the President of the Court of
                                                                   Justice of the European Communities has ordered the
                                                                   removal from the register of Case C-331/97: Commission
The Appellant claims that the Court should:                        of the European Communities v. Federal Republic of
                                                                   Germany.
Set aside the contested judgment and accordingly
                                                                   (1) OJ C 331, 1.11.1997.
Ð give final judgment on the case, grant the Appellants
     the order sought before the Court of First Instance and
     order the Commission to pay the costs of the
     proceedings both before the Court of First Instance
     and the Court of Justice;
                                                                             Removal from the register of C-393/97 (1)
Ð or, in the alternative, refer the case back to the Court                                  (98/C 184/12)
     of First Instance for judgment and reserve the costs.
                                                                   By order of 25 March 1998 the President of the Court of
Pleas in law and main arguments adduced in support:                Justice of the European Communities has ordered the
                                                                   removal from the register of Case C-393/97 (reference
The Appellants rely on three grounds of appeal based on            for a preliminary ruling from the Verwaltungsgericht
an infringement of Community law by the Court of First             Halle): Lidl-Fleischwerk Handelshof GmbH & Co. KG v.
Instance, in particular of Articles 85, 173 and 190 of the         Landkreis Burgenlandkreis.
EC Treaty, of Council Regulation 17/62 (2), of Council
Decision 90/685/EEC (3), of the EFDO Guidelines and of             (1) OJ C 41, 7.2.1998.
the general principles of legal certainty and legitimate
expectations.
The Court of First Instance:
                                                                             Removal from the register of C-302/96 (1)
1) wrongly considered that the Commission enjoyed                                           (98/C 184/13)
     discretionary power to assess the eligibility of EFDO
     funding applications;
                                                                   By order of 26 March 1998 the President of the Court of
                                                                   Justice of the European Communities has ordered the
2) illegally substituted its own reasoning for one of the          removal from the register of Case C-302/96: Commission
     two reasons stated in the contested decision, and;            of the European Communities, supported by Kingdom of
                                                                   Great Britain and Northern Ireland, v. Federal Republic of
3) even if the Court of First Instance                             Germany.
     (a) rightly considered that the Commission enjoyed            (1) OJ C 336, 9.11.1996.
          discretionary power to assess the eligibility of
          EFDO funding applications and