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21.11.

2009 EN Official Journal of the European Union C 282/31

Pleas in law and main arguments Reference for a preliminary ruling from the Corte suprema
di cassazione (Italy) lodged on 25 September 2009 —
The Appellant submits that in the Contested Judgment the CFI Gennaro Curia v Ministero dell’Economia e delle Finanze,
erred in law in a number of respects and in so doing acted in Agenzia delle Entrate
breach of Community law in four principal respects:
(Case C-381/09)

1) The CFI erred in law in incorrectly interpreting Article (2009/C 282/53)


7(2)(d) of the Regulation as being a mandatory provision;
Language of the case: Italian

Referring court
2) The CFI erred in law in holding that Article 7(2)(d) of the
Regulation was consistent with the Community law Corte suprema di cassazione
principle of proportionality;

Parties to the main proceedings


3) The CFI erred in law in the formulation and application of Appellant: Gennaro Curia
the test for determining whether the Appellant was owned
and controlled by the Parent; and

Respondent: Ministero dell’Economia e delle Finanze, Agenzia


delle Entrate
4) The CFI erred in law in concluding that the Council had
satisfied its obligation to give reasons for its decision to list
the Appellant.
Question referred
In accordance with the Community law principles set out in the
Consequently, the Appellant requests that the Court of Justice: Sixth VAT Directive of the neutrality of VAT and exemption
from VAT, under conditions laid down by the Member States,
for transactions entailing the granting and the negotiation of
credit and the management of credit by the person granting it,
1) Set aside the Contested Judgment; can exorbitant lending activities, which are a criminal offence
under national law, be subject to VAT where, in economic
terms, they may be envisaged as being in competition with
the corresponding lawful activities of granting money loans,
2) Allow the applications in Cases T-246/08 and T-332/08; which fall within the scope of VAT under national law but
are deemed exempt thereunder whenever they may be
regarded as ‘finance transactions’?
3) Annul paragraph 4 of Table B of the Annex to Council
Decision 2008/475/EC concerning restrictive measures
against Iran, in so far as it relates to Melli Bank plc;

4) If the Court finds that Article 7(2)(d) of the Regulation


purports to be mandatory in effect, declare Article 7(2)(d)
of Council Regulation 423/2007/EC inapplicable; and Action brought on 6 October 2009 — Commission of the
European Communities v United Kingdom of Great Britain
and Northern Ireland

5) Order the Council to pay the costs of the appeal and of the (Case C-394/09)
proceedings before the Court of First Instance.
(2009/C 282/54)

Language of the case: English

(1) Council Decision 2008/475/EC of 23 June 2008 implementing Parties


Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive
measures against Iran, OJ L 163, p. 29 Applicant: Commission of the European Communities (repre­
(2) Council Regulation (EC) No 423/2007 of 19 April 2007 concerning
sented by: A. Alcover San Pedro, B. McArdle, Agents)
restrictive measures against Iran,
OJ L 103, p. 1
OJ L 335M, p. 969 (MT)
Defendant: United Kingdom of Great Britain and Northern
Ireland
C 282/32 EN Official Journal of the European Union 21.11.2009

The applicant claims that the Court should: Order of the President of the Third Chamber of the Court
of 29 July 2009 — Commission of the European
— declare that, by failing to adopt the laws, regulations and Communities v Federal Republic of Germany
administrative provisions necessary to transpose Directive
2005/33/EC (1) of the European Parliament and of the (Case C-424/08) (1)
Council of 6 July 2005 amending Directive 1999/32/EC
as regards the sulphur content of marine fuels for (2009/C 282/56)
Gibraltar and, by failing to adopt all the laws, regulations
and administrative provisions necessary to transpose all the Language of the case: German
‘marine based’ elements of the Directive for England, Wales,
Northern Ireland and Scotland or, in any event, by failing to The President of the Third Chamber has ordered that the case
communicate them to the Commission, the United be removed from the register.
Kingdom of Great Britain and Northern Ireland has failed
to fulfil its obligations under Article 2 of that Directive;

(1) OJ C 69, 21.3.2009.

— order United Kingdom of Great Britain and Northern Ireland


to pay the costs.

Order of the President of the Court of 8 July 2009 —


Commission of the European Communities v Grand
Pleas in law and main arguments Duchy of Luxembourg
The period within which the Directive had to be transposed
(Case C-509/08) (1)
expired on 11 August 2006.
(2009/C 282/57)

Language of the case: French


The President of the Court has ordered that the case be removed
from the register.
(1) OJ L 191, p. 59

(1) OJ C 32, 7.2.2009.

Order of the President of the Court of 16 July 2009


(reference for a preliminary ruling from the Livadia
Court of First Instance (Greece) — Panagiotis Koskovolis,
Ekaterini Pappa v Municipality of Kiriaki
Order of the President of the Court of 1 July 2009 —
(Case C-467/07) (1 ) Commission of the European Communities v Ireland

(2009/C 282/55) (Case C-521/08) (1)

Language of the case: Greek (2009/C 282/58)

The President of the Court has ordered that the case be removed Language of the case: English
from the register.
The President of the Court has ordered that the case be removed
from the register.

(1) OJ C 315, 22.12.2007.


(1) OJ C 32, 7.2.2009.