CELEX: C1999/352/42
Language: en
Date: 1999-12-04 00:00:00
Title: Case C-358/99: Reference for a preliminary ruling by the Tribunale di Brescia, Seconda Sezione Stralcio, (District Court, Brescia, Second Chamber [Liquidations]) by order of 2 September 1999 in the case of T.M.A. Tecnologie Meccaniche Avanzate s.r.l. and Federchemicals s.r.l. against Ministero delle Finanze

4.12.1999               EN                      Official Journal of the European Communities                                     C 352/27
(3) Article 1 of Regulation No 1404/99, although failing to                Reference for a preliminary ruling by the Tribunale
      fix the derived intervention price for white sugar for Italy,        di Brescia, Seconda Sezione Stralcio (Second Chamber,
      confirmed it, and also the relevant quantities, for the              [Liquidations]) by order of 2 September 1999 in the case
      United Kingdom, Ireland, Portugal, Finland and Spain.                of Autogolf s.r.l. against Ministero delle Finanze, (Ministry
                                                                                                        of Finance)
      Not being apprised of the reasons which motivated the                                          (Case C-359/99)
      withholding of an intervention price for Italy or of those
      for doing so for the other Member States, the Italian                                          (1999/C 352/43)
      Government considers that there has been a breach of the
      principle of equality and an instance of unequal treatment.
                                                                           Reference has been made to the Court of Justice of the
                                                                           European Communities by order of the Tribunale di Brescia,
                                                                           Seconda Sezione Stralcio, of 2 September 1999, received at
(1) OJ 1999 L 164, p. 15.                                                  the Court Registry on 24 September 1999, for a preliminary
(2) OJ 1999 L 164, p. 13.                                                  ruling in the case of Autogolf s.r.l. against Ministero delle
(3) OJ 1981 L 177, p. 4.                                                   Finanze on the following questions:
                                                                           Is Article 11(1) of Italian Law No 448 of 23 December 1998
                                                                           (G.U.R.I. No 302 of 29 December 1998, ordinary supplement)
                                                                           compatible with Community law, in particular with Articles 10
                                                                           and 12 of Council Directive 69/335/EEC (1) of 17 July 1969
                                                                           concerning indirect taxes on the raising of capital, inasmuch
                                                                           as it provides that the administrative charge is payable at a flat
                                                                           annual rate for registration of ‘other company documents’ for
                                                                           each of the years from 1985 to 1992, equal to the sum of
                                                                           the sum of ITL 750 000 for public limited companies and
Reference for a preliminary ruling by the Tribunale di                     partnerships limited by shares and ITL 400 000 for private
Brescia, Seconda Sezione Stralcio, (District Court, Brescia,               limited companies?
Second Chamber [Liquidations]) by order of 2 September
1999 in the case of T.M.A. Tecnologie Meccaniche Avanza-
te s.r.l. and Federchemicals s.r.l. against Ministero delle                Is Article 11(3) of Law No 448/98 compatible with Com-
                               Finanze                                     munity law, inasmuch as it provides that interest on the sums
                                                                           to be reimbursed in so far as they exceed the sum provided for
                                                                           by Article 11(1) should be calculated according to the legal
                          (Case C-358/99)                                  rate in force at the date on which that Law entered into force
                                                                           (2,5 % per annum) and not according to the rate provided for
                                                                           by Article 5 with respect to Article 1 of Law No 29 of
                          (1999/C 352/42)                                  26 January 1961, as subsequently amended?
Reference has been made to the Court of Justice of the                     (1) OJ, English Special Edition 1969 (11), p. 412.
European Communities by order of the Tribunale di Brescia,
Seconda Sezione Stralcio, of 2 September 1999, received at
the Court Registry on 24 September 1999, for a preliminary
ruling in the case of T.M.A. Tecnologie Meccaniche Avanzate
s.r.l. and Federchemicals s.r.l. against Ministero delle Finanze
on the following question:
Is Article 11(1) of Italian Law No 448 of 23 December 1998                 Reference for a preliminary ruling by the Tribunale di
(G.U.R.I. No 302 of 29 December 1998, ordinary supplement)                 Brescia, Terza Seconda Sezione Civile (District Court,
compatible with Community law, in particular with Articles 10              Brescia, Third Civil Chamber) by order of 2 September
and 12 of Council Directive 69/335/EEC (1) of 17 July 1969                 1999 in the case of Union Factor s.p.a. and Others, against
concerning indirect taxes on the raising of capital, inasmuch                                   Ministero delle Finanze
as it provides that the administrative charge is payable at a flat
annual rate for registration of ‘other company documents’ for
each of the years from 1985 to 1992, equal to the sum of                                             (Case C-360/99)
the sum of ITL 750 000 for public limited companies and
partnerships limited by shares and ITL 400 000 for private                                           (1999/C 352/44)
limited companies?
                                                                           Reference has been made to the Court of Justice of the
(1) OJ, English Special Edition 1969 (11), p. 412.                         European Communities by order of the Tribunale di Brescia,
                                                                           Terza Sezione Civile, of 2 September 1999, received at the
                                                                           Court Registry on 24 September 1999, for a preliminary ruling
                                                                           in the case of Union Factor s.p.a. and Others against Ministero
                                                                           delle Finanze on the following questions: