CELEX: C2000/020/14
Language: en
Date: 2000-01-22 00:00:00
Title: Case C-349/99 P: Appeal brought on 22 September 1999 by the Commission against the order made on 14 September 1999 by the Court of First Instance of the European Communities (Third Chamber) in Case T-145/98 ADT Projekt Gesellschaft der Arbeitsgemeinschaft Deutscher Tierzüchter mbH v Commission of the European Communities

22.1.2000               EN                      Official Journal of the European Communities                                       C 20/7
(Finance Court) Münster, Germany, for a preliminary ruling in              1. The appeal is dismissed.
the proceedings pending before that court between Eurowings
Luftverkehrs AG and Finanzamt Dortmund-Unna — on the
interpretation of Article 59 of the EC Treaty (now, after                  2. Ms Gluiber is to bear her own costs.
amendment, Article 49 EC) — the Court, composed of:
G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida
(Rapporteur), D.A.O. Edward, L. Sevón (Presidents of Cham-
bers), P.J.G. Kapteyn, C. Gulmann, J.-P. Puissochet, G. Hirsch,            (1) OJ C 226 of 7.8.1999.
P. Jann, H. Ragnemalm and M. Wathelet, Judges; J. Mischo,
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 26 October 1999, in which
it has ruled:
Article 59 of the EC Treaty (now, after amendment, Article 49 EC)          Appeal brought on 6 January 1999 by Anthony Goldstein
precludes national legislation on trade tax such as that at issue in the   against the order made on 28 October 1998 by the Court
main action.                                                               of First Instance of the European Communities (Fourth
                                                                           Chamber) in Case T-100/98 between the present appellant
                                                                               and the Commission of the European Communities
(1) OJ C 295 of 27.9.1997.
                                                                                                   (Case C-4/99 P)
                                                                                                    (2000/C 20/13)
                    ORDER OF THE COURT
                                                                           An appeal was brought before the Court of Justice of the
                                                                           European Communities on 6 January 1999 by Anthony
                          (First Chamber)                                  Goldstein against the order made on 28 October 1998 by the
                                                                           Court of First Instance of the European Communities (Fourth
                                                                           Chamber) in Case T-100/98 between the present appellant and
                       of 14 October 1999                                  the Commission of the European Communities.
in Case C-188/99 P: Karola Gluiber v Council of the                        By order of 8 July 1999, the Court of Justice (Fourth Chamber)
European Union and Commission of the European Com-                         dismissed the appeal and ordered the appellant to pay the
                             munities (1)                                  costs.
       (Manifestly inadmissible and unfounded appeal)
                           (2000/C 20/12)
                                                                           Appeal brought on 22 September 1999 by the Com-
                                                                           mission against the order made on 14 September 1999 by
                   (Language of the case: German)                          the Court of First Instance of the European Communities
                                                                           (Third Chamber) in Case T-145/98 ADT Projekt Gesell-
                                                                           schaft der Arbeitsgemeinschaft Deutscher Tierzüchter
In Case C-188/99 P: Karola Gluiber, residing at Staudernheim                   mbH v Commission of the European Communities
(Germany), represented by Dieter Rogalla, Rechtsanwalt,
Hamm, with an address for service in Luxembourg at the
Chambers of Marguit Capus-Leelare, 117 Avenue Gaston                                              (Case C-349/99 P)
Diderich — appeal against the order of the Court of First
Instance of the European Communities (First Chamber) of
16 March 1999 in Case T-147/98 Gluiber v Council and                                                (2000/C 20/14)
Commission (not published in the European Court Reports),
seeking to have that order set aside, the other parties to the
proceedings being the Council of the European Union and the                An appeal was brought before the Court of Justice of
Commission of the European Communities — the Court (First                  the European Communities on 22 September 1999 by the
Chamber), composed of: L. Sevón, President of the Chamber,                Commission of the European Communities against the order
D.A.O. Edward and P. Jann (Rapporteur), Judges; A. La Pergola,             made on 14 September 1999 by the Court of First Instance of
Advocate General; R. Grass, Registrar, has made an order on                the European Communities (Third Chamber) in Case T-145/98
14 October 1999, the operative part of which is as follows:                ADT Projekt Gesellschaft der Arbeitsgemeinschaft Deutscher
 ---pagebreak--- C 20/8                  EN                     Official Journal of the European Communities                                      22.1.2000
Tierzüchter mbH v Commission of the European Communi-                     3. Does the question whether the treatment as a whole or
ties, in which the Commission was requested to produce a                       only a proportion thereof involved in-patient care affect
certified true copy of certain minutes.                                        the answers to these questions?
                                                                          (1) — To ensure that provision of medical care by doctors and in
By order of 4 October 1999, the Court of Justice (Third                           hospitals is balanced and accessible to all.
Chamber) dismissed the appeal as manifestly inadmissible and                  — To maintain the principle of benefits in kind applied in the
ordered the Commission to pay the costs.                                           Netherlands.
                                                                              — To ensure the financial equilibrium of the Netherlands social
                                                                                   security scheme.
                                                                          Appeal brought on 12 October 1999 by the Xunta de
                                                                          Galicia against the order made on 8 July 1999 by the
                                                                          Third Chamber of the Court of First Instance of the
Reference for a preliminary ruling by the Centrale Raad                   European Communities in Case T-194/95 between Area-
van Beroep by order of that court of 6 October 1999 in                    cova, S.A. and 31 Others and the Council of the European
the cases of 1. V.G. Müller-Faurd against Onderlinge                                                      Union
Waarborgmaatschappij O.Z. Zorgverzekeringen U.A. and
2. E.E.M van Riet against Onderlinge Waarborgmaatschap-
                  pij Z.A.O. Zorgverzekeringen                                                      (Case C-388/99 P)
                                                                                                      (2000/C 20/16)
                          (Case C-385/99)
                                                                          An appeal against the order made on 8 July 1999 by the Third
                                                                          Chamber of the Court of First Instance of the European
                           (2000/C 20/15)                                 Communities in Case T-194/95 between Areacova, S.A. and
                                                                          31 Others and the Council of the European Union was brought
                                                                          before the Court of Justice of the European Communities on
Reference has been made to the Court of Justice of the                    12 October 1999 by the Xunta de Galicia, represented by
European Communities by order of the Centrale Raad van                    Vı́ctor M. Vázquez-Portomeñe Seijas, Creus Carreras, of the
Beroep [Higher Social Security Court] of 6 October 1999,                  Santiago de Compostela Bar, with an address for service at the
received at the Court Registry on 11 October 1999, for a                  Fundación Galicia-Europa, Avenue Milcamps 105 B, 1030
preliminary ruling in the cases of 1. V.G. Müller-Fauré against           Brussels.
Onderlinge Waarborgmaatschappij O.Z. Zorgverzekeringen
U.A. and 2. E.E.M. van Riet against Onderlinge Waarborgmaat-              The appellant claims that the Court of Justice should:
schappij Z.A.O. Zorgverzekeringen on the following questions:
                                                                          1) Set aside the order of the Court of First Instance of 8 July
                                                                               1999 in Case T-194/95 by reason of all or any of the
1. Are Articles 59 and 60 of the EC Treaty (now Articles 49                    defects indicated and draw from the setting aside of that
     and 50 EC) to be interpreted as meaning that in principle                 order all legal consequences, either giving judgment on the
     a provision such as Article 9(4) of the Ziekenfondswet                    substance or referring the matter back to the Court of First
     [Law on Health Insurance], read in conjunction with                       Instance;
     Article 1 of the Regeling hulp in het buitenland zieken-
     fondsverzekering [Regulation on health care abroad under             2) Order the defendant before the Court of First Instance of
     the sickness insurance rules], is incompatible therewith in               the European Communities to pay the costs, at the same
     so far as it stipulates that in order to assert his entitlement           time giving a decision on the order for costs made against
     to benefits a person insured with a health insurance fund                 the defendant in the matter at first instance in the event of
     requires the prior authorisation of that fund to seek                     the present appeal being upheld wholly or in part.
     treatment from a person or establishment outside the
     Netherlands with whom or which the health insurance
     fund has not concluded an agreement?                                 Pleas in law and main arguments
                                                                          — Infringement of Community law involving misapplication
2. If the first question is to be answered in the affirmative, do              and misinterpretation of Article 230 (previously 173) as
     the objectives of the Netherlands system of benefits in kind              regards rejection of the allegation of misuse of powers
     referred to above (1) constitute an overriding reason in the              vitiating the contested regulation since there is a total
     general interest capable of justifying a restriction on the               divergence between the ostensible aim thereof and the aim
     fundamental principle of freedom to provide services?                     really pursued by its adoption.