Court of Justice of the European Communities (including Court of First Instance Decisions)

ORDER OF THE COURT (Fifth Chamber)

29 April 2010 (*)

(Stay of proceedings)

In Case C-506/09 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 4 December 2009,

Portuguese Republic, represented by L. Fernandes, acting as Agent,

appellant,

the other party to the proceedings being:

Transnáutica - Transportes e Navegação SA, established in Matosinhos (Portugal), represented by P. Carmona Botana, abogada,

applicant at first instance,

European Commission,

defendant at first instance,

THE COURT (Fifth Chamber),

composed of E. Levits, President of the Chamber, A. Borg Barthet (Rapporteur) and M. Ilešič, Judges,

Advocate General: J. Mazák,

Registrar: R. Grass,

after hearing the Advocate General,

makes the following

Order

1 By its appeal, the Portuguese Republic requests the Court to set aside the judgment of the Court of First Instance of the European Communities (now 'the General Court') of 23 September 2009 in Case T-385/05 Transnáutica v Commission.

2 On 4 December 2009, the Portuguese Republic also made an application to the General Court of the European Union initiating third-party proceedings against the aforementioned judgment pursuant to Article 123 of the Rules of Procedure of the General Court (Case T-385/05 TO).

3 In its appeal, the Portuguese Republic requests the Court of Justice to stay the appeal proceedings pending the decision of the General Court on the application initiating third-party proceedings, inasmuch as the arguments in the latter proceedings will relate not only to points of law but also to the facts of the case.

4 According to point (a) of the first subparagraph of Article 82a(1) of the Rules of Procedure of the Court of Justice:

'The proceedings may be stayed:

(a) in the circumstances specified in the third paragraph of Article 54 of the Statute [of the Court of Justice of the European Union], by order of the Court, made after hearing the Advocate General'.

5 In its observations on the application for proceedings to be stayed, Transnáutica - Transportes e Navegação SA ('Transnáutica') submits that the appeal brought by the Portuguese Republic is manifestly inadmissible and, in the alternative, unfounded. In addition, Transnáutica requests the Court to dismiss that application, by which the Portuguese Republic seeks improperly to delay the repayment of duties paid by Transnáutica.

6 The third paragraph of Article 54 of the Statute of the Court of Justice states:

'Where the Court of Justice and the General Court are seised of cases in which the same relief is sought, the same issue of interpretation is raised or the validity of the same act is called in question, the General Court may, after hearing the parties, stay the proceedings before it until such time as the Court of Justice has delivered judgment or, where the action is one brought pursuant to Article 263 of the Treaty on the Functioning of the European Union, may decline jurisdiction so as to allow the Court of Justice to rule on such actions. In the same circumstances, the Court of Justice may also decide to stay the proceedings before it; in that event, the proceedings before the General Court shall continue.'

7 As has been observed by the Portuguese Republic, in third-party proceedings against a judgment of the General Court, the arguments may, if appropriate, relate to the substance of the case, whereas the appeal before the Court of Justice is limited to points of law by virtue of Article 58 of the Statute of the Court of Justice.

8 Therefore, in the interests of the proper administration of justice, the present appeal proceedings should be stayed pending the decision of the General Court closing the proceedings in Case T-385/05 TO.

On those grounds, the Court (Fifth Chamber) hereby orders:

The proceedings in Case C-506/09 P are stayed pending the decision of the General Court of the European Union closing the proceedings in Case T-385/05 TO.

[Signatures]

* Language of the case: English.

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