CELEX: C1999/100/19
Language: en
Date: 1999-04-10 00:00:00
Title: Case C-42/99: Reference for a preliminary ruling by the Supremo Tribunal Administrativo, Second Chamber, by judgment of that court of 13 January 1999, in the case of Fábrica de Queijo Eru Portuguesa Lda and Tribunal Técnico de 2a Instância

10.4.1999            EN                   Official Journal of the European Communities                                 C 100/11
Appeal brought on 12 February 1999 by Sadam                          Reference for a preliminary ruling by the Supremo
Zuccherifici Divisione della SECI SpA, Sadam                         Tribunal Administrativo, Second Chamber, by judgment of
Castiglionese SpA, Sadam Abruzzo SpA, Zuccherificio del              that court of 13 January 1999, in the case of FaÂbrica de
Molise SpA and SocietaÁ Fondiaria Industriale Romagnola              Queijo Eru Portuguesa Lda and Tribunal TeÂcnico de 2a
SpA against the order made on 8 December 1998 by the                                            InstaÃncia
Fourth Chamber (Extended Composition) of the Court of
                                                                                             (Case C-42/99)
First Instance of the European Communities in Case T-39/
98 Sadam Zuccherifici Divisione della SECI SpA, Sadam                                       (1999/C 100/19)
Castiglionese SpA, Sadam Abruzzo SpA, Zuccherificio del
Molise SpA and SocietaÁ Fondiaria Industriale Romagnola
            SpA v. Council of the European Union                     Reference has been made to the Court of Justice of the
                                                                     European Communities by an judgment of the Second
                      (Case C-41/99 P)                               Chamber of the Supremo Tribunal Administrativo
                      (1999/C 100/18)                                (Supreme Administrative Court) of 13 January 1999,
                                                                     which was received at the Court Registry on 12 February
                                                                     1999, for a preliminary ruling in the case of FaÂbrica de
                                                                     Queijo Eru Portuguesa Lda and Tribunal TeÂcnico de 2a
An appeal has been brought before the Court of Justice of            InstaÃncia, on the following questions:
the European Communities on 12 February 1999 by
Sadam Zuccherifici Divisione della SECI SpA, Sadam
Castiglionese SpA, Sadam Abruzzo SpA, Zuccherificio del              1. Are the Explanatory Notes to the combined
Molise SpA and SocietaÁ Fondiaria Industriale Romagnola                   nomenclature (1), where they state that caseins
SpA, represented by Vincenzo Cerulli Irelli, Gualtiero                    containing by weight more than 15 % water are
Pittalis and Giancarlo Fanzini, of the Bologna Bar, with an               included under heading 0406 (cheese and curd)
address for service in Luxembourg at the Chambers of                      contrary to Commission Regulation (EEC) No 3174/
ArseÁne Kronshagen, 22 Rue Marie-AdeÂlaïde, against the                   88 (2) according to which (Chapter IV) they are to
order made on 8 December 1998 by the Fourth Chamber                       classified under heading 0406, as cheese, provided
(Extended Composition) of the Court of First Instance of                  that:
the European Communities in Case T-39/98 Sadam
Zuccherifici Divisione della SECI SpA, Sadam                              (a) they have a fat content of 5 % or more;
Castiglionese SpA, Sadam Abruzzo SpA, Zuccherificio del
Molise SpA and SocietaÁ Fondiaria Industriale Romagnola                   (b) they have a dry matter content, by weight, of at
SpA v. Council of the European Union.                                          least 70 % but not exceeding 85 %; and
                                                                          (c) they are moulded or capable of being moulded?
The appellants claim that the Court should set aside the
Court of First Instance's order of 8 December 1998 in
Case T-39/98 by declaring the application to be admissible           2. Having regard to Commission Regulation (EEC)
and refer the case back to the Court of First Instance for a              No 3174/88 are the imported goods (which have the
decision on the substance.                                                following composition: 54 % water, 0,9 % fat, 5,7 %
                                                                          phosphorus, 2 % salt and casein) to be classified
                                                                          under customs heading 3501 10 90 0 00 000 as
                                                                          casein Ð other Ð or under customs heading
Pleas in law and main arguments adduced in support                        0406 90 11 01 0 000 as other cheeses?
                                                                     (1) OJ C 342, 5.12.1994, p. 1.
The contested regulation (1) has direct, not indirect,               (2) OJ L 298, 31.10.1998, p. 1.
detrimental effects on the four plants of the appellant
sugar-producing undertakings operating in southern Italy.
Those four plants are effectively the sole specific
addressees of Article 2 of Regulation (EC) No 2613/97
and have individually been adversely affected.
                                                                     Reference for a preliminary ruling by the Conseil
                                                                     SupeÂrieur des Assurances Sociales du Grand-DucheÂ de
It follows     that  the   application    must    be  declared       Luxembourg, by judgment of that body of 10 February
admissible.                                                          1999 in the case of Ghislain Leclere and Alina Deaconescu
                                                                          against Caisse Nationale des Prestations Familiales
(1) Article 2 of Council Regulation (EC) No 2613/97 of                                       (Case C-43/99)
    15 December 1997 authorising Portugal to grant aid to sugar                             (1999/C 100/20)
    beet producers and abolishing all State aid from the 2001/
    2002 marketing year (OJ L 353, 24.12.1997, p. 3).
                                                                     Reference has been made to the Court of Justice of the
                                                                     European Communities by judgment of the Conseil