CELEX: C1999/352/38
Language: en
Date: 1999-12-04 00:00:00
Title: Case C-352/99 P: Appeal brought on 22 September 1999 by Società Eridania SpA, Industria Saccarifera Italiana Agoindustriale SpA (ISI), Sadam Zuccherifici, a division of Società Esercizi Commerciali Industriali SpA (SECI), Sadam Castiglionese SpA, Sadam Abruzzo SpA, Società Zuccherificio del Molise SpA and Società Fondiaria Industriale Romagnola SpA (SFIR) against the judgment delivered on 8 July 1999 by the First Chamber of the Court of First Instance of the European Communities in Case T-168/95 between Eridania Zuccherifici Nazionali SpA and Others and the Council of the European Union, supported by the Commission of the European Communities

4.12.1999             EN                     Official Journal of the European Communities                                      C 352/25
— insofar as it is held that Article 4 of Regulation No 1534/95         The appellant claims that the Court should:
    is not of individual concern to the appellants, and the
    fourth paragraph of Article 173 of the EC Treaty (now,              1. Set aside the judgment under appeal in so far as it declared
    after amendment, Article 230 EC), as interpreted by the                 inadmissible the action brought by the appellants for
    case-law of the Court of Justice, is thereby breached;                  annulment of Regulation No 1534/95 (1), specifically
                                                                            Article 1(f) thereof, and for a declaration that Regulation
                                                                            No 1785/81 (2), specifically Articles 3, 5 and 6 thereof, is
                                                                            unlawful;
The appellants submit that the decision of the Court of First
Instance is flawed and erroneous and therefore incompatible
                                                                        2. Set aside the judgment under appeal in so far as it ordered
with Community rules.                                                       the appellants to pay the costs incurred by the Council;
                                                                        3. Refer the case back to the Court of First Instance for a
                                                                            ruling on the application made in Case T-168/95 for
(1) OJ 1995 L 148 of 30.6.1995, p. 11.                                      annulment of Regulation (EEC) No 1534/95, specifically
(2) OJ 1995 L 110 of 17.5.1995, p. 1.                                       Article 1(f) thereof, and for a declaration that Regulation
(3) OJ 1981 L 177 of 1.7.1981, p. 4.                                        (EEC) No 1785/81, specifically Articles 3, 5 and 6 thereof,
                                                                            is unlawful;
                                                                        4. Should the Court of Justice deem it appropriate to
                                                                            adjudicate on the merits of Case T-168/95, in accordance
                                                                            with Article 54 of the Statute of the Court of Justice, admit
                                                                            the oral and written pleadings specifically related thereto;
                                                                        5. Order the Council to pay the costs.
Appeal brought on 22 September 1999 by Società Eridan-                  Pleas and main arguments
ia SpA, Industria Saccarifera Italiana Agoindustriale SpA
(ISI), Sadam Zuccherifici, a division of Società Esercizi               As grounds for the present appeal, the appellants allege various
Commerciali Industriali SpA (SECI), Sadam Castiglionese                 infringements of Community law by the Court of First Instance.
SpA, Sadam Abruzzo SpA, Società Zuccherificio del                       In particular, they maintain that, in finding that the applicants
Molise SpA and Società Fondiaria Industriale Romagnola                  were not individually concerned by Article 1(f) of the contested
SpA (SFIR) against the judgment delivered on 8 July 1999                Regulation, the Court of First Instance infringed the fourth
by the First Chamber of the Court of First Instance of                  paragraph of Article 230 EC (formerly Article 173 of the EC
the European Communities in Case T-168/95 between                       Treaty) as interpreted in the case-law of the Court of Justice.
Eridania Zuccherifici Nazionali SpA and Others and
the Council of the European Union, supported by the
        Commission of the European Communities                          The appellants maintain that the judgment under appeal is
                                                                        flawed and erroneous, hence incompatible with Community
                                                                        law.
                       (Case C-352/99 P)
                                                                        (1) OJ L 148 of 30.6.1995, p. 11.
                        (1999/C 352/38)                                 (2) OJ L 177 of 1.7.1981, p. 4.
An appeal against the judgment delivered on 8 July 1999 by
the First Chamber of the Court of First Instance in Case
T-168/95 between Società Eridania Spa and Others and the
Council of the European Union, supported by the Commission,
was brought before the Court of Justice on 22 September
1999 by Società Eridania SpA, whose registered office is in
Genoa, Industria Saccarifera Italiana Agroindustriale SpA (ISI),        Action brought on 23 September 1999 by the Com-
whose registered office is in Padua, Sadam Zuccherifici, a                 mission of the European Communities against Ireland
division of Società Esercizi Commerciali Industriali SpA (SECI),
whose registered office is in Bologna, Sadam Castiglionese SpA                                  (Case C-354/99)
and Sadam Abruzzo SpA, whose registered offices are in
Bologna, Società Zuccherificio del Molise SpA, whose regis-
tered office is at Termoli, and Società Fondiaria Industriale                                   (1999/C 352/39)
Romagnola SpA (SFIR), whose registered office is at Cesena,
incorporating, following a merger, Ponteco Zuccheri SpA,                An action against Ireland was brought before the Court of
whose registered office is also at Cesena, all represented by           Justice of the European Communities on 23 September 1999
Bernard O’Connor, Solicitor with a right of audience before             by the Commission of the European Communities, represented
the High Court of Ireland, and Ivano Vigliotti, of the Genoa            by Mr Richard Wainwright, Principal Legal Adviser, acting as
Bar, with an address for service in Luxembourg at the                   agent, with an address for service at the office of Mr Carlos
Chambers of Arsène Kronshagen, 22 Rue Marie Adélaide,                   Gómez de la Cruz, a member of the Legal Service of the
L-2128 Luxembourg.                                                      Commission, Wagner Centre, Kirchberg, Luxembourg.