CELEX: C1996/031/16
Language: en
Date: 1996-02-03 00:00:00
Title: Information

No C 31 /8             EN                   Official Journal of the European Communities                                        3 . 2 . 96
                 ORDER OF THE COURT                                    following two supplementary questions, received at the
                       ( Second Chamber)                               Court Registry on 9 November 1995 :
                    of 23 November 1995
in Case C-10/95 P: Asociación Española de Empresas de la               '2 . If the answer to Question 1 is that the supplier's taxable
        Carne v. Council of the European Union ( J )                          amount is the price determined by the supply
(Agriculture — Financing ofhealth inspections and controls                    agreement, then, on the proper construction of
offresh meat andpoultrymeat — Action for annulment ofa                        Article 2 (1 ), is the stated amount paid by the supplier
directive — Natural or legal persons — Acts concerning                        to the dealer consideration for which any supply of
them directly and individually — Appeal clearly                               goods or services is effectedf; and
                             unfounded)
                           ( 96/C 31 / 15 )
                                                                       3.     Ifthe answer to Question 2 is "yes then, on the proper
                                                                              construction of Article 17 (2) (a), are such goods or
               (Language of the case: Spanish)                                services supplied by the dealer to the supplier or to some
                                                                              other person ?'.
(Provisional translation; the definitive translation will be
         published in the European Court Reports)                      ( 1 ) OJ No C 119 , 13 . 5 . 1995 , p . 4 .
In Case C-10/95 P: Asociacion Espanola de Empresas de la
Carne ( Asocarne ), an association governed by Spanish law,
based in Madrid, represented by Paloma Llaneza Gonzalez
of the Madrid Bar, with an address for service in
Luxembourg at the Chambers of Loesch and Wolter, 1 1 rue
Goethe , appellant — appeal against the order of the Court
of First Instance of the European Communities ( First
Chamber ) of 20 October 1994 in Case T-99/94 Asocarne v.
Council [ 1994] ECR 11-871 seeking to have that order set              Appeal brought on 17 November 1995 by Tierce Ladbroke
aside, the other party to the proceedings being the Council            SA against the judgment delivered on 18 September 1995 by
of the European Union ( Agents : Ramon Torrent and Ignacio             the First Chamber ( extended composition ) of the Court of
Dfez Parra ) — the Court ( Second Chamber ), composed of               First Instance of the European Communities in Case
G. Hirsch, President ( of the Chamber ), G. F. Mancini                 T-471/93 (^ between Tierce Ladbroke SA and the
( Rapporteur ) and F. A. Schockweiler, Judges; M. N.                   Commission of the European Communities, supported by
Fennelly, Advocate General; R. Grass, Registrar has made                                        the French Republic
an order on 23 November 1995 , in which it:                                                      ( Case C-353/95 P
                                                                                                     ( 96/C 31 / 17 )
1 . dismisses the appeal;
                                                                       An appeal against the judgment delivered on 18 September
2 . orders the appellant to pay the costs.                             1995 by the First Chamber ( extended composition ) of the
                                                                       Court of First Instance of the European Communities in
                                                                       Case T-471 /93 between Tierce Ladbroke SA and the
(') OJ No C 54, 4 . 3 . 1995 .                                         Commission of the European Communities, supported by
                                                                       the French Republic, was brought before the Court of
                                                                       Justice of the European Communities on 17 November
                                                                        1995 by Tierce Ladbroke SA, represented by Jeremy Lever,
                                                                       QC, and Christopher Vajda , Barristers of the Bar of England
                                                                       and Wales, and Stephen Kon, Solicitor, with an address for
                                                                       service in Luxembourg at the Chambers of Winandy & Err,
                                                                       60, avenue Gaston Diderich .
                            Information
                             96/C 31 / 1 6
                                                                       The appellant claims that the Court should :
                                                                        1 . allow this appeal and set aside the judgment of the Court
Reference for a preliminary ruling in Case C-40/95 (') was                    of First Instance in Case T-471 /93 ;
made by the VAT and Duties Tribunal , London, by decision
of that court of 1 February 1995 , in the case of Conoco Ltd
against Commissioners of Customs and Excise . By direction             2.     annul    the   contested      Decision  contained   in    the
of 1 November 1995 , the said court has referred the                          Commission's letter of 18 January 1993 , and