Judgment of the Court (Sixth Chamber) of 16 January 2001 in Case C-41/98: Commission of the European Communities v Tecnologie Vetroresina SpA (TVR) (Arbitration clause — Non-performance of contract)
Date: 2001-06-02
Institutions: Court of Justice
Subjects: European Commission, Italy, action brought before an administrative court, redemption, technology assessment, termination of a contract

C 161/4

EN

Official Journal of the European Communities

2.6.2001

Italy,

e Penale di Genova (District Court, Genoa),
for a
preliminary ruling in the proceedings pending before that
court between Siples Srl, in lı`quidation, and Ministero delle
Finanze, Servizio della Riscossione dei Tributi — Concessione
Provincia di Genova — San Paolo Riscossioni Genova SpA —
on the interpretation of Article 244 of Council Regulation
(EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code (OJ 1992 L 302, p. 1) — the Court
(Fifth Chamber), composed of: A. La Pergola, President of the
Chamber, M. Wathelet, D.A.O. Edward, P. Jann (Rapporteur)
and L. Sevo´ n,
Judges; D. Ruiz-Jarabo Colomer, Advocate
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 11 January 2001, in which it has
ruled:

Article 244 of Council Regulation (EEC) No 2913/92 of 12 October
1992 establishing the Community Customs Code is to be interpreted
as meaning that it confers the power to suspend implementation of a
contested decision exclusively on the customs authorities. However,
that provision does not limit the power of the judicial authorities
seised of a dispute pursuant to Article 243 of that regulation to order
such suspension in order to comply with their obligation to ensure
the full effectiveness of Community law.

(1) OJ C 246, 28.8.1999.

the Commission — the Court (Sixth Chamber), composed of:
the Chamber,
C. Gulmann (Rapporteur), President of
Judges; D. Ruiz-Jarabo
J.-P. Puissochet and R. Schintgen,
Colomer, Advocate General; H.A. Rühl, Principal Adminis-
trator, for the Registrar, has given a judgment on 16 January
2001, in which it:

1. Orders Tecnologie Vetroresina SpA (TVR) to pay the Com-
mission
sum of
the European Communities
EUR 211 307 , together with interest at the agreed rate from
21 December 1991 until the debt is paid in full;

the

of

2. Dismisses the remainder of the application;

3. Orders Tecnologie Vetroresina SpA (TVR) to pay the costs.

(1) OJ C 137 of 2.5.1998.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 16 January 2001

JUDGMENT OF THE COURT

(Sixth Chamber)

of 16 January 2001

in Case C-41/98: Commission of the European Communi-
ties v Tecnologie Vetroresina SpA (TVR) (1)

(Arbitration clause — Non-performance of contract)

in Case C-40/98: Commission of the European Communi-
ties v Tecnologie Vetroresina SpA (TVR) (1)

(Arbitration clause — Non-performance of contract)

(2001/C 161/08)

(Language of the case: Italian)

(2001/C 161/07)

(Language of the case: Italian)

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

In Case C-40/98: Commission of the European Communities
(Agents: E. de March and A. Dal Ferro) v Tecnologie Vetroresina
SpA (TVR) (Agent: G. Merla) — application by the Commission
under Article 181 of the EC Treaty (now Article 238 EC)
against Tecnologie Vetroresina SpA for reimbursement of the
sum of ECU 211 307 advanced by the Commission under
together with
Contract No 3440/1/0/187/91/6-BCR-I(30),
interest at the agreed rate from 21 December 1991, and
damages of ECU 20 000 in respect of the harm sustained by

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

In Case C-41/98: Commission of the European Communities
(Agents: E. de March and A. Dal Ferro) v Teenologie Vetroresina
SpA (TVR) (Agent: G. Merla) — application by the Commission
under Article 181 of the EC Treaty (now Article 238 EC) for
an order requiring Tecnologie Vetroresina SpA,
to
reimburse an advance payment of ECU 77 558,80 made by
the Commission under Contract No BREU-0114-I(A), together
with interest at the agreed rate from 1 February 1990, and,
second, to pay damages of ECU 7 700 in respect of the harm
sustained by the Commission — the Court (Sixth Chamber),
composed of: C. Gulmann (Rapporteur), President of the
Chamber, J.-P. Puissochet and R. Schintgen, Judges; D. Ruiz-
Jarabo Colomer, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
16 January 2001, in which it:

first,

2.6.2001

EN

Official Journal of the European Communities

C 161/5

1. Orders Vetroresina Spa (TVR) to pay the Commission of the
European Communities the sum of EUR 77 558,80, together
with interest at the agreed rate from 1 February 1990 until the
debt is paid in full;

2. Dismisses the remainder of the application;

3. Dismisses Tecnologie Vetroresina SpA (TVR)’s counterclaim;

4. Orders Tecnologie Vetroresina SpA (M) to pay the costs.

1. Declares that, by applying a reduced rate of value added tax to
the supply of services consisting in making road infrastructure
available to users on payment of a toll, the Kingdom of Spain
has failed to fulfil its obligations under Article 12(3)(a) 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 assessment, as amended by Council Directive 96/95/EC
of 20 December 1996;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 137 of 2.5.1998.

(1) OJ C 160 of 5.6.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 18 January 2001

in Case C-83/99: Commission of the European Communi-
ties v Kingdom of Spain (1)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 18 January 2001

(Failure of a Member State to fulfil
its obligations —
Article 12(3)(a) of the Sixth VAT Directive — Application
of a reduced rate to motorway tolls)

in Case C-162/99: Commission of the European Communi-
ties v Italian Republic (1)

(2001/C 161/09)

(Language of the case: Spanish)

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

In Case C-83/99: Commission of the European Communities
(Agents: M. Dı´az-Llanos La Roche and C. Go´ mez de la Cruz) v
Kingdom of Spain (Agent: S. Ortiz Vaamonde) — application
for a declaration that, by applying a reduced rate of value
added tax to the supply of services consisting in making road
infrastructure available to users, the Kingdom of Spain has
failed to fulfil its obligations under Article 12 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 assessment (OJ L 145, 1977, p. 1), as amended by
Council Directive 96/95/EC of 20 December 1996 (OJ L 338,
1996, p. 89) — the Court (Fifth Chamber), composed of: A. La
Pergola (Rapporteur), President of the Chamber, M. Wathelet,
Judges; S. Alber,
Jann and L. Sevo´ n,
D.A.O. Edward, P.
Advocate General; R. Grass, Registrar, has given a judgment
on 18 January 2001, in which it:

(Failure by a Member State to fulfil its obligations —
Freedom of movement for workers — Freedom of establish-
ment — Dentists — Residence conditions)

(2001/C 161/10)

(Language of the case: Italian)

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

In Case C-162/99: Commission of the European Communities
(Agents: F.P. Ruggen Laderchi and B. Mongin) v Italian Republic
(Agents: U. Leanza, assisted by F. Quadri) — application for a
declaration that:

— by allowing Legislative Decree No 233 of the Provisional
Head of State of 13 September 1946, despite amendment
by Article 9 of Law No 362 of 8 November 1991, to
remain in force in such a way as to leave dentists
practising in Italy still subject to a de facto residence
requirement,