CELEX: C1999/333/23
Language: en
Date: 1999-11-20 00:00:00
Title: Order of the Court of 8 July 1999 in Case C-95/98 P: Édouard Dubois et Fils SA v Council of the European Union and Commission of the European Communities (Appeal - Non-contractual liability - Single European Act - Customs agent)

20.11.1999              EN                      Official Journal of the European Communities                                           C 333/11
       ORDER OF THE PRESIDENT OF THE COURT                                 Hamm, with an address for service in Luxembourg at the
                                                                           Chambers of Catherine Dessoy, 31 Rue d’Eich — appeal
                          of 29 June 1999                                  against the order of the Court of First Instance of the European
                                                                           Communities (First Chamber) of 21 December 1998 in Case T-
in Case C-107/99 R: Italian Republic v Commission of the                   122/98 Gluiber v Council and Commission (not yet published
European Communities, supported by Ireland and the                         in the European Court Reports), seeking to have that order set
United Kingdom of Great Britain and Northern Ireland (1)                   aside, the other parties to the proceedings being the Council
                                                                           of the European Union and the Commission of the European
(Application for interim measures — Structural funds —                     Communities — the Court (First Chamber), composed of:
Financing of Community initiatives — Modification of                       P. Jann (Rapporteur), President of the Chamber, D.A.O. Edward
                       indicative allocations)                             and M. Wathelet, Judges; A. La Pergola, Advocate General;
                                                                           R. Grass, Registrar, has made an order on 5 July 1999, the
                          (1999/C 333/21)                                  operative part of which is as follows:
                                                                           1. The appeal is dismissed.
                    (Language of the case: Italian)
                                                                           2. Ms Gluiber is to pay the costs.
(Provisional translation: the definitive translation will be published
                   in the European Court Reports)
                                                                           (1) OJ C 136 of 15.5.1999.
In Case C-107/99 R: Italian Republic (Agent: U. Leanza,
assisted by I.M. Braguglia) v Commission of the European
Communities (Agents: E. de March, K. Simonsson and H. Spey-
art), supported by Ireland (Agent: J. Payne, assisted by
D. McGuinness and E. Kent) and United Kingdom of Great
Britain and Northern Ireland (Agent: J.E. Collins, assisted by
D. Wyatt) — application for suspension of operation of the                                     ORDER OF THE COURT
decision of the Commission of 16 December 1998 approving
modifications to the indicative allocation of Community                                               of 8 July 1999
initiatives, communicated to the Italian Republic by letter from
the Secretary-General of the Commission dated 19 January                   in Case C-95/98 P: Édouard Dubois et Fils SA v Council of
1999, and of all measures based thereon or linked thereto,                 the European Union and Commission of the European
alternatively for the adoption of other provisional measures —                                       Communities (1)
the President of the Court has made an order on 29 June 1999,
the operative part of which is as follows:
                                                                           (Appeal — Non-contractual liability — Single European Act
1. The application for interim measures is dismissed.                                              — Customs agent)
2. The costs are reserved.                                                                           (1999/C 333/23)
(1) OJ C 188 of 3.7.1999, p. 7.
                                                                                               (Language of the case: French)
                                                                           (Provisional translation: the definitive translation will be published
                                                                                              in the European Court Reports)
                    ORDER OF THE COURT
                                                                           In Case C-95/98 P: Édouard Dubois et Fils SA, a company
                          (First Chamber)                                  incorporated under French law, established at Roubaix
                                                                           (France), represented by Pierre Ricard, Advocate with a right
                           of 5 July 1999                                  of audience before the French Conseil d’État and Cour de
                                                                           Cassation, and Alain Crosson du Cormier, of the Paris Bar,
in Case C-57/99 P: Karola Gluiber v Council of the                         with an address for service in Luxembourg at the Chambers of
European Union and Commission of the European Com-                         Marc Feiler, 67 Rue Ermesinde — appeal against the judgment
                             munities (1)                                  of the Court of First Instance of the European Communities
                                                                           (Fifth Chamber) of 29 January 1998 in Case T-113/96 Dubois
        (Manifestly inadmissible and unfounded appeal)                     et Fils v Council and Commission [1998] ECR II-125, seeking
                                                                           to have that judgment set aside and seeking an order requiring
                          (1999/C 333/22)                                  the Council of the European Union and the Commission of
                                                                           the European Communities jointly and severally to pay to
                                                                           Édouard Dubois et Fils SA, pursuant to the second paragraph
                   (Language of the case: German)                          of Article 215 of the EC Treaty (now the second paragraph of
                                                                           Article 288 EC), the sum of FRF 112 339 702 by way of
(Provisional translation: the definitive translation will be published     compensation for the damage caused to the applicant in its
                   in the European Court Reports)                          activities as a customs agent, together with an order requiring
                                                                           them to pay the costs, the other parties to the proceedings
In Case C-57/99 P: Karola Gluiber, residing at Staudernheim                being the Council of the European Union (Agents: Guus
(Germany), represented by Dieter Rogalla, Rechtsanwalt,                    Houttuin and Maria Cristina Giorgi) and the Commission of
 ---pagebreak--- C 333/12                EN                       Official Journal of the European Communities                                    20.11.1999
the European Communities (Agents: Hendrik van Lier and                      Instance, Trento, Sixth Chamber) of 10 June 1999, received at
Roland Tricot) — the Court, composed of: G.C. Rodrı́guez                    the Court Registry on 6 August 1999, for a preliminary ruling
Iglesias, President, P.J.G. Kapteyn, J.-P. Puissochet, G. Hirsch            in the case of Pavarini Components SpA (formerly S.C.D. Srl)
and P. Jann, Presidents of Chambers, J.C. Moitinho de Almeida,              v Direzione delle Entrate per la Provincia di Trento on the
C. Gulmann, J.L. Murray (Rapporteur), D.A.O. Edward, H. Rag-                following question:
nemalm, L. Sevón, M. Wathelet and R. Schintgen, Judges;
F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a             Is it compatible with Community law, and in particular with
judgment on 8 July 1999, in which it:                                       Directive 69/335/EEC (1), to tax over a period of years at the
                                                                            rate of 0.75% per annum pursuant to Decree-Law
1. Dismisses the appeal;                                                    No 394/1992 of 30 September 1992 that part of the net assets
                                                                            consisting solely of a company’s capital disclosed annually by
2. Orders Édouard Dubois et Fils SA to pay the costs.                      the balance sheet which has already borne the initial tax on
                                                                            contributions of 1%?
(1) OJ C 166 of 30.5.1998.
                                                                            (1) OJ, English Special Edition 1969 (II), p. 412.
Reference for a preliminary ruling by the Commissione
Tributaria di Primo Grado di Trento, Sezione No 6 by                        Appeal brought on 10 August 1999 by Areacova S.A. and
order of that court of 10 June 1999 in the case of                          27 others against the order made on 8 July 1999 by the
Petrolvilla & Bortolotti SpA against Direzione delle                        Third Chamber of the Court of First Instance of the
               Entrate per la Provincia di Trento                           European Communities in Case T-194/95 between Area-
                                                                            cova S.A. and 31 others and the Council of the European
                                                                                                            Union
                          (Case C-279/99)
                                                                                                     (Case C-300/99 P)
                          (1999/C 333/24)
                                                                                                      (1999/C 333/26)
Reference has been made to the Court of Justice of the
European Communities by order of the Commissione Tributa-                   An appeal against the order made on 8 July 1999 by the Third
ria di Primo Grado di Trento, Sezione No 6 (Tax Court of First              Chamber of the Court of First Instance of the European
Instance, Trento, Sixth Chamber) of 10 June 1999, received at               Communities in Case T-194/95 between Areacova S.A. and
the Court Registry on 26 July 1999, for a preliminary ruling                31 others and the Council of the European Union was brought
in the case of Petrolvilla & Bortolotti SpA v Direzione delle               before the Court of Justice of the European Communities on
Entrate per la Provincia di Trento on the following question:               10 August 1999 by Areacova S.A. and 27 others, represented
                                                                            by Antonio Creus Carreras, of the Barcelona Bar, and Eva
Is it compatible with Community law, and in particular with                 Contreras Ynzenga and Albert Agustinoy Guilayn, of the
Directive 69/335/EEC (1), to tax over a period of years at the              Madrid Bar, with an address for service care of Cuatrecasas
rate of 0.75% per annum pursuant to Decree-Law                              Abogados, 78 Avenue d’Auderghem, B-1040 Brussels.
No 394/1992 of 30 September 1992 that part of the net assets
consisting solely of a company’s capital disclosed annually by              The appellants claim that the Court should:
the balance sheet which has already borne the initial tax on
contributions of 1%?                                                        (1) set aside the order made on 8 July 1999 by the Court of
                                                                                 First Instance in Case T-194/95 on account of all or some
                                                                                 of the defects indicated, and give effect to all the legal
(1) OJ, English Special Edition 1969 (II), p. 412.                               consequences flowing from the setting aside of that order,
                                                                                 either by expressly adjudicating on the merits of the case
                                                                                 or by referring the matter back to the Court of First
                                                                                 Instance;
                                                                            (2) order the respondent to the proceedings before the Court
                                                                                 of Justice of the European Communities to pay the costs,
Reference for a preliminary ruling by the Commissione                            and likewise, in the event that the submissions put forward
Tributaria di Primo Grado di Trento, Sezione No 6 by                             in support of the present appeal are wholly or partially
order of that court of 10 June 1999 in the case of Pavarini                      upheld, order the defendant in the proceedings at first
Components SpA (formerly S.C.D. Srl) against Direzione                           instance to pay the costs of those proceedings.
           delle Entrate per la Provincia di Trento
                          (Case C-296/99)                                   Pleas in law and main arguments
                                                                            — Infringement of Community law, consisting of the misap-
                          (1999/C 333/25)                                        plication and misinterpretation of Article 230 (formerly
                                                                                 Article 173) of the EC Treaty, inasmuch as the order treats
Reference has been made to the Court of Justice of the                           the contested regulation as a measure of general application
European Communities by order of the Commissione Tributa-                        and ignores the fact that it is applicable only to a wholly
ria di Primo Grado di Trento, Sezione No 6 (Tax Court of First                   individualised and identified group of economic operators;