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28.3.

98 EN Official Journal of the European Communities C 94/7

Westbroek, Brussels, with an address for service in Azienda Agricola Le Canne' Srl, represented by Giulio
Luxembourg at the Chambers of Aloyse May, 31 Grand Schiller, Giuseppe Carraro and Francesca Mazzonetto, of
Rue. the Padua Bar, with an address for service in Luxembourg
at the Chambers of the last named, 62 Avenue Guillaume.
The appellants claim that the Court should:
The appellant claims that the Court should:
Ð set aside the judgment of the Court of First Instance of
the European Communities of 24 October 1997 (1) in
Ð set aside the contested judgment of the Court of First
Case T-244/94 Wirtschaftsvereinigung Stahl and
Instance and uphold the claims put forward by the
Others v. Commission,
applicant at first instance,
Ð annul Commission Decision 94/259/ECSC of 12 April
1994 concerning aid to be granted by Italy to the Ð declare null and void the Commission's telex
public steel sector (Ilva group) (OJ L 112, 3.5.1994, No 12 497 of 27 October 1995,
p. 64),
Ð order the Commission to pay restitution for damage
Ð order the Commission to pay the costs. suffered in the amount set out in the application,

Pleas in law and main arguments adduced in support: Ð order the Commission to pay the costs incurred at first
instance and in the appeal.
Infringement of Community law by the Court of First
Instance, in that it
Pleas in law and main arguments adduced in support:
Ð misinterpreted the validity and scope of the Fifth Steel
Aid Code, The applicant maintains that the Court of First Instance
was wrong to consider that the principle of collegiality
Ð failed sufficiently to take into account that State was observed. The Court of First Instance should have
subsidies are no longer indispensable' to attain declared the rules of procedure of the Commission
objectives of the ECSC Treaty if they are granted more inapplicable in so far as they allowed the acting head of
than once only, unit to take the decision in question on his own authority.

Ð took no account of the fact that the contested It further maintains that the grounds of the Court of First
Commission decision discloses a serious error of Instance as to infringement of the principle of the right to
assessment by the Commission simply because the be heard and infringement of the obligation to provide a
decision makes its aim the strengthening of the Italian statement of reasons were erroneous and inconsistent.
steel industry,
Finally, it maintains that the Court of First Instance
Ð proceeded from the incorrect assumption that infringed and misapplied Articles 44(1) and 47 of
Article 4(c) of the ECSC Treaty does not impose a Regulation (EEC) No 4028/86 (2) and Article 7 of
strict prohibition of aid, but permits the Community Regulation (EEC) No 1116/88 (3).
institutions to approve all aid which may contribute to
attaining the objectives of the Treaty.
(1) OJ C 77, 16.3.1996, p. 11.
(2) OJ L 376, 31.12.1986, p. 7.
( ) OJ C 387, 20.12.1997, p. 16.
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(3) OJ L 112, 30.4.1988, p. 1.

Appeal brought on 16 January 1998 by Azienda Agricola


Le Canne' Srl, a company incorporated under Italian law, Reference for a preliminary ruling by the Commissione
established in Porto Viro, against the judgment delivered Tributaria Provinciale di Firenze by order of that court of
on 7 November 1997 by the Court of First Instance of the 23 January 1997 in the case of CSAR Centro Servizi
European Communities in Case T-218/95 between Acciai Rivestiti SpA against Direzione Regionale per le
Azienda Agricola Le Canne' Srl and Commission of the Entrate della Toscana and Ufficio delle Imposte Dirette di
European Communities Firenze
(Case C-10/98 P) (Case C-13/98)

(98/C 94/14) (98/C 94/15)

An appeal against the judgment delivered on 7 November Reference has been made to the Court of Justice of the
1997 by the Court of First Instance of the European European Communities by order of the Commissione Tri-
Communities in Case T-218/95 (1) between Azienda Agri- butaria Provinciale di Firenze (Provincial Tax Court,
cola Le Canne' Srl and Commission of the European Florence) of 23 January 1997, which was received at the
Communities was brought before the Court of Justice of Court Registry on 20 January 1998, for a preliminary
the European Communities on 16 January 1998 by ruling in the case of CSAR Centro Servizi Acciai Rivestiti