CELEX: C1999/246/14
Language: en
Date: 1999-08-28 00:00:00
Title: Order of the Court of 11 May 1999 in Case C-325/98 (reference for a preliminary ruling from the Tribunal Grande Instance de Lille): Philippe Anssens v Directeur des Services Fiscaux du Nord (Reference for a preliminary ruling - Inadmissible)

C 246/8                  EN                     Official Journal of the European Communities                                     28.8.1999
                     ORDER OF THE COURT                                    by Gilles Bouneou, of the Luxembourg Bar, with an address
                                                                           for service in Luxembourg at the latter’s Chambers, 4 Rue de
                           of 11 May 1999                                  l’Avenir — appeal against the judgment of the Court of First
                                                                           Instance of the European Communities (Fifth Chamber) of 28
                                                                           May 1998 in Joined Cases T-78/96 and T-170/96 W v
in Case C-325/98 (reference for a preliminary ruling from                  Commission [1998] ECR-SC I-A-239 and II-745, seeking to
the Tribunal Grande Instance de Lille): Philippe Anssens                   have that judgment set aside, the other party to the proceedings
         v Directeur des Services Fiscaux du Nord (1)                      being the Commission of the European Communities (Agent:
                                                                           Julian Currall, assisted by Denis Waelbroeck) — the Court
     (Reference for a preliminary ruling — Inadmissible)                   (First Chamber), composed of: P. Jann (Rapporteur), President
                                                                           of the Chamber, L. Sevón and M. Wathelet, Judges; D. Ruiz-
                           (1999/C 246/14)                                 Jarabo Colomer, Advocate General; R. Grass, Registrar, has
                                                                           made an order on 10 June 1999, the operative part of which
                                                                           is as follows:
                     (Language of the case: French)
                                                                           1. The appeal is dismissed.
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                         2. W is to pay the costs.
In Case C-325/98: reference to the Court under Article 234 EC
(ex Article 177) from the Tribunal de Grande Instance, Lille               (1) OJ C 299 of 26.9.1998.
(France), for a preliminary ruling in the proceedings pending
before that court between Philippe Anssens and Directeur des
Services Fiscaux du Nord — on the interpretation of Article
95 of the EC Treaty (now, after amendment, Article 90 EC) —
the Court composed of: G.C. Rodriguez Iglesias, President,
P.J.G. Kapteyn, J.-P. Puissochet, G. Hirsch and P. Jann, Presi-
dents of Chambers, G.F. Mancini, J.C. Moitinho de Almeida,
C. Gulmann, J.L. Murray, D.A.O. Edward, H. Ragnemalm,
L. Sevón and M. Wathelet (Rapporteur), Judges; G. Cosmas,
Advocate General; R. Grass, Registrar, made an order on 11
May 1999, the operative part of which is as follows:                       Appeal brought on 23 April 1999 by the Commission of
                                                                           the European Communities against the judgment deliver-
                                                                           ed on 25 February 1999 by the Fourth Chamber of the
The reference for a preliminary ruling from the Tribunal de Grande         Court of First Instance of the European Communities in
Instance de Lille, by judgment of 7 August 1998, is inadmissible.          Joined Cases T-282/97 and T-57/98 between Antonio
                                                                           Giannini and the Commission of the European Communi-
(1) OJ C 378 of 5.12.1998.                                                                               ties
                                                                                                  (Case C-153/99 P)
                                                                                                   (1999/C 246/16)
                     ORDER OF THE COURT                                    An appeal against the judgment delivered on 25 February
                                                                           1999 by the Fourth Chamber of the Court of First Instance of
                           (First Chamber)                                 the European Communities in Joined Cases T-282/97 and
                                                                           T-57/98 between Antonio Giannini and the Commission of
                           of 10 June 1999                                 the European Communities was brought before the Court of
                                                                           Justice of the European Communities on 23 April 1999 by the
                                                                           Commission of the European Communities, represented by
in Case C-304/98 P: W v Commission of the European                         Gianluigi Valsesia, Principal Legal Adviser, and Julian Currall,
                           Communities (1)                                 Legal Adviser, assisted by Denis Waelbroeck, of the Brussels
                                                                           Bar, with an address for service in Luxembourg at the office of
(Officials — Reassignment — Interests of the service —                     Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.
Administrative fault — Liability of the institution —
        Manifestly inadmissible and unfounded appeal)
                                                                           The appellant claims that the Court should:
                           (1999/C 246/15)
                                                                           — declare the appeal admissible and well-founded;
                     (Language of the case: French)
                                                                           — consequently, annul the contested judgment (1); and
In Case C-304/98 P: W, an official of the Commission of the
European Communities, residing in Luxembourg, represented                  — order the respondent to the appeal to pay the costs.