Judgment of the Court (Third Chamber) of 9 November 2000 in Case C-356/99: Commission of the European Communities v Hitesys SpA (Arbitration clause — Non-performance of contract — Recovery of moneys advanced — Procedure in default of defence)
Date: 2001-01-27
Institutions: Court of Justice
Subjects: European Commission, action for failure to fulfil an obligation, contract, energy industry, energy research, redemption

27.1.2001

EN

Official Journal of the European Communities

C 28/7

D. Waelbroeck) APPEAL against the judgment of the Court of
First Instance of the European Communities (Fourth Chamber)
of 25 March 1999 in Case T-76/98 Hamptaux v Commission
[1999] ECR-SC I-A-59 and II-303, seeking to have that
judgment set aside, the other party to the proceedings being
Claudine Hamptaux an official of the Commission of the
European Communities, residing in Brussels (Belgium), rep-
resented by L. Vogel, of the Brussels Bar, with an address for
service in Luxembourg at the Chambers of C. Kremer, 6 Rue
Heinrich Heine — the Court (Fifth Chamber), composed of:
A. La Pergola, President of the Chamber, M. Wathelet (Rappor-
teur), D.A.O. Edward, P. Jann and L. Sevo´ n, Judges; P. Léger,
Advocate General; R. Grass, Registrar, has given a judgment
on 9 November 2000, in which it:

1. Dismisses the appeal;

2. Orders the Commission of the European Communities to pay

the costs.

(1) OJ C 246 of 28.8.1999.

1. Orders Hitesys SpA to repay to the Commission of the European
Communities the sum of EUR 132 500, together with default
interest calculated in accordance with the second subparagraph
of Article 8(4) of the general conditions forming Annex II to
Contract JOU2-CT93-0417 from 8 January 1994 until full
payment of the debt;

2. Orders Hitesys SpA to pay the costs.

(1) OJ C 6 of 8.1.2000.

JUDGMENT OF THE COURT

(First Chamber)

of 14 November 2000

JUDGMENT OF THE COURT

(Third Chamber)

of 9 November 2000

in Case C-356/99: Commission of the European Communi-
ties v Hitesys SpA (1)

(Arbitration clause — Non-performance of contract —
Recovery of moneys advanced — Procedure in default of
defence)

(2001/C 28/12)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-356/99: Commission of the European Communities
(Agents: E. de March and A. Dal Ferro) v Hitesys SpA,
established in Aprilia (Italy) — application by the Commission
of the European Communities under Article 238 EC to recover
moneys advanced in relation to Contract JOU2-CT93-0417,
which was terminated by the applicant on the ground of the
defendant’s failure to perform its contractual obligations
— the Court (Third Chamber), composed of: C. Gulmann
(Rapporteur), President of the Chamber, J.-P. Puissochet and
F. Macken, Judges; A. Saggio, Advocate General; R. Grass,
Registrar, has given a judgment on 9 November 2000, in
which it:

in Case C-142/99 (reference for a preliminary ruling
from the Tribunal de Première Instance de Tournai):
Floridienne SA, Berginvest SA v Belgian State (1)

(Sixth VAT Directive — Deduction of input tax — Undertak-
ing subject to tax on only one part of its operations —
Deductible proportion — Calculation — Holding company
collecting share dividends and loan interest from its subsidi-
aries — Involvement in management of subsidiaries)

(2001/C 28/13)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-142/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Tribunal de
Première Instance (Court of First Instance), Tournai, Belgium,
for a preliminary ruling in the proceedings pending before that
court between Floridienne SA, Berginvest SA and Belgian State
— on the interpretation of Article 19 of the Sixth Council
Directive 77/388/EEC of 17 May 1977 on the harmonisation
of the laws of the Member States relating to turnover taxes —
Common system of value added tax: uniform basis of assess-
ment (OJ 1977 L 145, p. 1) — the Court (First Chamber),
composed of: M. Wathelet, President of the Chamber, P. Jann
and L. Sevo´ n (Rapporteur),
Judges; N. Fennelly, Advocate
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 14 November 2000, in which it has
ruled: