Judgment of the Court (Fifth Chamber) of 11 January 2001 in Case C-226/99 [reference for a preliminary ruling from the Tribunale Civile e Penale di Genova (Italy)]: Siples Srl, in liquidation v Ministero delle Finanze, Servizio della Riscossione dei Tributi — Concessione Provincia di Genova — San Paolo Riscossioni Genova SpA (Common Customs Code — Appeals — Suspension of implementation of a decision of the customs authorities)
Date: 2001-06-02
Institutions: Court of Justice
Subjects: customs regulations, customs territory (EU), customs union, interpretation of the law, legal code, simplification of formalities

2.6.2001

EN

Official Journal of the European Communities

C 161/3

for a preliminary ruling in the proceedings pending before that
court between Westdeutsche Landesbank Girozentrale and
Friedrich Stefan, in the presence of: Republik O¨ sterreich — on
the interpretation of Article 73b of the EC Treaty (now
Article 56 EC) — the Court
(Fifth Chamber), composed
of: A. La Pergola, President of the Chamber, M. Wathelet
(Rapporteur), D.A.O. Edward, P. Jann and L. Sevo´ n, Judges;
P. Léger, Advocate General; H. von Holstein, Deputy Registrar,
for the Registrar, has given a judgment on 11 January 2001,
in which it has ruled:

1. Article 73b of the EC Treaty (now Article 56 EC) is to be
construed as precluding the application of national rules such
as those at issue in the main proceedings, requiring a mortgage
securing a debt payable in the currency of another Member
State to be registered in the national currency.

2. Article 73b of the Treaty is to be construed as meaning that it
did not apply in Austria prior to the date of accession of the
Republic of Austria to the European Union.

3. Article 73b of the Treaty is to be construed as incapable of
remedying, with effect from the entry into force of the EC Treaty
in Austria, a mortgage registration which, under the relevant
national
is vitiated from the outset by absolute and
incurable nullity such as to render that registration non-existent.

law,

(1) OJ C 71, 13.3.1999.

e Penale di Genova (District Court, Genoa),
Italy for a
preliminary ruling in the proceedings pending before that
court between Kofisa Italia Srl and Ministero delle Finanze,
Servizio della Riscossione dei Tributi — Concessione Provincia
di Genova — San Paolo Riscossioni Genova SpA — on the
interpretation of Articles 243 and 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:

1. Article 243 of Council Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs Code
is to be interpreted as meaning that it is for national law to
determine whether a trader must initially lodge an appeal before
the customs authority or whether he may appeal directly to the
judicial authority.

2. Article 244 of Regulation No 2913/92 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 71, 13.3.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 11 January 2001

in Case C-1/99 [reference for a preliminary ruling from
the Tribunale Civile e Penale di Genova (Italy)]: Kofisa
Italia Srl v Ministero delle Finanze, Servizio della Riscos-
sione dei Tributi — Concessione Provincia di Genova —
San Paolo Riscossioni Genova SpA (1)

(Reference for a preliminary ruling — Jurisdiction of the
Court — National legislation adopting Community pro-
visions — Community Customs Code — Appeal — Manda-
tory nature of the two stages of the appeal — Suspension of
implementation of a decision of the customs authorities)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 11 January 2001

in Case C-226/99 [reference for a preliminary ruling from
the Tribunale Civile e Penale di Genova (Italy)]: Siples Srl,
in liquidation v Ministero delle Finanze, Servizio della
Riscossione dei Tributi — Concessione Provincia di
Genova — San Paolo Riscossioni Genova SpA (1)

(Common Customs Code — Appeals — Suspension of
implementation of a decision of the customs authorities)

(2001/C 161/05)

(2001/C 161/06)

(Language of the case: Italian)

(Language of the case: Italian)

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

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

In Case C-1/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Tribunale Civile

In Case C-226/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Tribunale Civile

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,