CELEX: C2001/200/48
Language: en
Date: 2001-07-14 00:00:00
Title: Order of the Court (Third Chamber) of 15 December 2000 in Case C-87/98 (reference for a preliminary ruling from the Consiglio di Stato): Questore di Genova v Eliana Fasciolo (Article 104(3) of the Rules of Procedure — Question identical to one on which the Court has already ruled)

14.7.2001                EN                      Official Journal of the European Communities                                                 C 200/27
                     ORDER OF THE COURT                                                            ORDER OF THE COURT
                         (Second Chamber)                                                               (Third Chamber)
                       of 13 December 2000
                                                                                                     of 15 December 2000
in Case C-44/00 P: Société de distribution mécanique et
d’automobiles SA (Sodima) v Commission of the Euro-                         in Case C-87/98 (reference for a preliminary ruling from
                        pean Communities (1)                                the Consiglio di Stato): Questore di Genova v Eliana
                                                                                                             Fasciolo (1)
(Competition — Distribution of motor vehicles — Complaint
— Action for failure to act, for annulment, and for compen-
                                                                            (Article 104(3) of the Rules of Procedure — Question
sation — Inadmissibility — Appeal in part manifestly                             identical to one on which the Court has already ruled)
        inadmissible and in part manifestly unfounded)
                           (2001/C 200/47)                                                               (2001/C 200/48)
                     (Language of the case: French)                                                (Language of the case: Italian)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                          (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
In Case C-44/00 P: Société de distribution mécanique et
d’automobiles SA (Sodima), a company being wound up by                      In Case C-87/98: reference to the Court under Article 177 of
court order, having its registered office in Istres, France,                the EC Treaty (now Article 234 EC) from the Consiglio di Stato
represented by J.C. Fourgoux, of the Paris Bar, with an address             (Italy) for a preliminary ruling in the proceedings pending
for service in Luxembourg at the Chambers of P. Schiltz, 4 Rue              before that court between Questore di Genova and Eliana
Béatrix de Bourbon — Appeal against the judgment of the                     Fasciolo on the interpretation of the provisions of the EC
Court of First Instance of the European Communities (First                  Treaty on freedom to provide services — the Court (Third
Chamber) of 13 December 1999 in Joined Cases T-190/95                       Chamber), composed of: C. Gulmann, President of the Chamb-
and T-45/96 Sodima v Commission [1999] ECR II-3617,                         er, J.-P. Puissochet (Rapporteur) and F. Macken, Judges; C. Stix-
seeking to have that judgment set aside, the other party to the             Hackl, Advocate General; R. Grass, Registrar, has made an
proceedings being: Commission of the European Communities                   order on 15 December 2000, the operative part of which is as
(Agents: G. Marenco and F. Siredey-Garnier) — The Court                     follows:
(Second Chamber), composed of: V. Skouris, President of the
Chamber, R. Schintgen (Rapporteur) and N. Colneric, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
has made an order on 13 December 2000, the operative part                   The EC Treaty provisions on freedom to provide services do not
of which is as follows:                                                     preclude national legislation, such as the Italian legislation, which
                                                                            reserves unto certain bodies the right to take bets on sporting events,
                                                                            if that legislation is in fact justified by social-policy objectives designed
1.    The appeal is dismissed.                                              to limit the harmful effects of such activities and if the restrictions
                                                                            which it imposes are not disproportionate in relation to those
2.    Société de distribution mécanique et d’automobiles SA (Sodima)        objectives.
      is ordered to pay the costs of the present proceedings.
                                                                            (1) OJ C 209 of 4.7.1998.
(1) OJ C 149 of 27.5.2000.