CELEX: C2001/289/11
Language: en
Date: 2001-10-13 00:00:00
Title: Order of the Court of Justice (Second Chamber) of 28 June 2001 in Case C-352/99 P: Eridania SpA and Others v Council of the European Union and Others (Appeal — Common organisation of the market in the sugar sector — Pricing system — Regionalisation — Classification of Italy — 1995/96 marketing year — Appeals by sugar producers — Acts of direct and individual concern to them — Provision fixing the derived intervention price of white sugar for all the zones of Italy — Inadmissibility)

C 289/6                 EN                      Official Journal of the European Communities                                        13.10.2001
Communities (OJ 1972 L 73, p. 196), of the new Declaration                 Abruzzo SpA, established in Bologna, Zuccherificio del Molise
by the Government of the United Kingdom of Great Britain                   SpA, established in Termoli, Italy, Società Fondiaria Industriale
and Northern Ireland on the definition of the term ‘nationals’             Romagnola SpA (SFIR), established in Cesena, Italy, represent-
(OJ 1983 C 23, p. 1), and of Declaration No 2 on nationality               ed by B. O’Connor, Solicitor, and I. Vigliotti, avvocato, —
of a Member State, annexed to the Final Act of the Treaty on               appeal against the order of the Court of First Instance of the
European Union (OJ 1992 C 191, p. 98) — the Court                          European Communities (First Chamber) of 8 July 1999 in Case
(First Chamber), composed of: M. Wathelet, President of the                T-158/95 Eridania and Others v Council [1999] ECR II-2219,
Chamber, P. Jann and L. Sevón (Rapporteur), Judges; P. Léger,             seeking to have that order set aside, the other parties to the
Advocate General; R. Grass, Registrar, has made an order on                proceedings being, Council of the European Union (Agents:
12 July 2001, the operative part of which is as follows:                   I. Diez Parra and J.P. Hix), Commission of the European
                                                                           Communities (Agent: F.P. Ruggeri Laderchi) and Ponteco
In order to determine whether a person is a national of the United         Zuccheri SpA, established in Pontelagoscuro, Italy — the Court
Kingdom of Great Britain and Northern Ireland for the purposes of          (Second Chamber), composed of V. Skouris, President of the
Community law, it is necessary to refer to the 1982 Declaration by         Chamber, R. Schintgen and N. Colneric (Rapporteur), Judges;
the Government of the United Kingdom of Great Britain and                  J. Mischo, Advocate General; R. Grass, Registrar, has given a
Northern Ireland on the definition of the term ‘nationals’ which           judgment on 28 June 2001, in which it:
replaced the 1972 Declaration by the Government of the United
Kingdom of Great Britain and Northern Ireland on the definition of         1.    Dismisses the appeal;
the term ‘nationals’, annexed to the Final Act of the Treaty concerning
the Accession of the Kingdom of Denmark, Ireland and the United            2.    Orders Eridania SpA, Industria Saccarifera Italiana Agroindis-
Kingdom of Great Britain and Northern Ireland to the European                    triale SpA (ISI), Sadam Zuccerifici, a division of SECI
Communities.                                                                     — Societh Esercizi Commerciali Industriali SpA, Sadam
                                                                                 Castigliognese SpA, Sadam Abruzzo SpA, Zuccherificio del
                                                                                 Molise SpA and Società Fondiaria Industriale Romagnola SpA
(1) OJ C 246 of 28.8.1999.                                                       (SFIR) jointly to pay the costs;
                                                                           3.    Orders the Commission to bear its own costs.
                                                                           (1) OJ C 352, 4.12.1999.
           ORDER OF THE COURT OF JUSTICE
                        (Second Chamber)
                          of 28 June 2001                                              ORDER OF THE COURT OF JUSTICE
in Case C-351/99 P: Eridania SpA and Others v Council of                                           (Second Chamber)
              the European Union and Others (1)
                                                                                                     of 28 June 2001
(Appeal — Common organisation of the market in the sugar
sector — System of storage fees — Authorisation for the
                                                                           in Case C-352/99 P: Eridania SpA and Others v Council of
grant of national aid — Abolition — 1995/96 marketing
                                                                                         the European Union and Others (1)
year — Appeals by sugar producers — Acts of direct and
individual concern to them — Provision fixing the amount
of reimbursement for compensation for storage costs —                      (Appeal — Common organisation of the market in the sugar
                           Inadmissibility)                                sector — Pricing system — Regionalisation — Classification
                                                                           of Italy — 1995/96 marketing year — Appeals by sugar
                                                                           producers — Acts of direct and individual concern to them
                          (2001/C 289/10)
                                                                           — Provision fixing the derived intervention price of white
                                                                                  sugar for all the zones of Italy — Inadmissibility)
                    (Language of the case: Italian)
                                                                                                     (2001/C 289/11)
(Provisional translation; the definitive translation will be published
                    in the European Court Report)
                                                                                               (Language of the case: Italian)
In Case C-351/99 P: Eridania SpA, formerly Eridania Zuccheri-
fici Nazionali SpA, established in Genoa, Italy, Industria                 (Provisional translation; the definitive translation will be published
Saccarifera Italiana Agroindistriale SpA (ISI), established in                                 in the European Court Report)
Padua, Italy, Sadam Zuccerifici, a division of SECI — Società
Esercizi Commerciali Industriali SpA, established in Bologna,              In Case C-351/99 P: Eridania SpA, formerly Eridania Zuccheri-
Italy, Sadam Castigliognese SpA, established in Bologna, Sadam             fici Nazionali SpA, established in Genoa, Italy, Industria
 ---pagebreak--- 13.10.2001              EN                      Official Journal of the European Communities                                            C 289/7
Saccarifera Italiana Agroindistriale SpA (ISI), established in             ruling in connection with an application for registration in the
Padua, Italy, Sadani Zuccerifici, a division of SECI — Società             commercial register made by HSB-Wohnbau GmbH, on the
Esercizi Commerciali Industriali SpA, established in Bologna,              interpretation of Articles 43 EC and 48 EC — the Court (Fifth
Italy, Sadam Castigliognese SpA, established in Bologna, Sadam             Chamber), composed of: A. La Pergola, President of the
Abruzzo SpA, established in Bologna, Zuccherificio del Molise              Chamber, M. Wathelet (Rapporteur), P. Jann, L. Sevón and
SpA, established in Termoli, Italy, Società Fondiaria Industriale          S. von Bahr, Judges; D. Ruiz-Jarabo Colomer, Advocate
Romagnola SpA (SFIR), established in Cesena, Italy, represent-             General; R. Grass, Registrar, has made an order on 10 July
ed by B. O’Connor, Solicitor, and I. Vigliotti, avvocato, —                2001, in which it has ruled:
appeal against the order of the Court of First Instance of the
European Communities (First Chamber) of 8 July 1999 in Case
T-158/95 Eridania and Others v Council [1999] ECR II-2219,                 The Court of Justice of the European Communities clearly has no
seeking to have that order set aside, the other parties to the             jurisdiction to answer the questions put by the Amtsgericht Heidelberg
proceedings being, Council of the European Union (Agents:                  in its order of 3 March 2000.
I. Dı́ez Parra and J.P. Hix), Commission of the European
Communities (Agent: F.P. Ruggeri Laderchi) and Ponteco
Zuccheri SpA, established in Pontelagoscuro, Italy — the Court             (1) OJ C 149 of 27.5.2000.
(Second Chamber), composed of V. Skouris, President of the
Chamber, R. Schintgen and N. Colneric (Rapporteur), Judges;
J. Mischo, Advocate General; R. Grass, Registrar, has given a
judgment on 28 June 2001, in which it:
1.    Dismisses the appeal;
2.    Orders Eridania SpA, Industria Saccarifera Italiana Agroindis-                            ORDER OF THE COURT
      triale SpA (ISI), Sadam Zuccerifici, a division of SECI
      — Società Esercizi Commerciali Industriali SpA, Sadam
      Castigliognese SpA, Sadam Abruzzo SpA, Zuccherificio del                                        (First Chamber)
      Molise SpA and Società Fondiaria Industriale Romagnola SpA
      (SFIR) jointly to pay the costs;
                                                                                                       of 12 July 2001
3.    Orders the Commission to bear its own costs.
                                                                           in Case C-102/00 (reference for a preliminary ruling from
( 1) OJ C 352, 4.12.1999.                                                  the Hoge Raad der Nederlanden): Welthgrove BV v
                                                                                            Staatssecretaris van Financiën (1)
                                                                           (Article 104(3) of the Rules of Procedure — Article 4 of the
                                                                           Sixth VAT Directive — Economic activity — Involvement of
                                                                             a holding company in the management of its subsidiaries)
                    ORDER OF THE COURT
                                                                                                      (2001/C 289/13)
                          (Fifth Chamber)
                                                                                                (Language of the case: Dutch)
                           of 10 July 2001
                                                                           (Provisional translation; the definitive translation will be published
in Case C-86/00 (reference for a preliminary ruling from                                       in the European Court Reports)
   the Amtsgericht Heidelberg): HSB-Wohnbau GmbH (1)
                                                                           In Case C-102/00: reference to the Court under Article 234
(Reference for a preliminary ruling — Entry in the commer-                 from the Hoge Raad der Nederlanden (Supreme Court of the
cial register of the transfer of a company’s registered office             Netherlands) (Netherlands) for a preliminary ruling in the
              — Lack of jurisdiction of the Court)                         proceedings pending before that court between Welthgrove
                                                                           BV and Staatssecretaris van Financiën — on the interpretation
                          (2001/C 289/12)                                  of Article 4, Article 11A(1)(a) and Article 13B(d)(5) of Sixth
                                                                           Council Directive 77/388/EEC of 17 May 1977 on the
                   (Language of the case: German)                          harmonisation of the laws of the Member States relating to
                                                                           turnover taxes — Common system of value added tax: uniform
                                                                           basis of assessment (OJ 1977 L 145, p. 1) — the Court
(Provisional translation; the definitive translation will be published     (First Chamber), composed of: M. Wathelet, President of the
                   in the European Court Reports)                          Chamber, P. Jann and L. Sevón (Rapporteur), Judges; C. Stix-
                                                                           Hackl, Advocate General; R. Grass, Registrar, has given an
In Case C-86/00: reference to the Court under Article 234 EC               order on 12 July 2001, the operative part of which is as
from the Amtsgericht Heidelberg (Germany), for a preliminary               follows: