Judgment of the Court (Fifth Chamber) of 5 July 2001 in Case C-100/99: Italian Republic v Council of the European Union (Common agricultural policy — Agrimonetary system for the euro — Transitional measures for the introduction of the euro)
Date: 2001-09-29
Institutions: Court of Justice
Subjects: Council of the European Union, European Commission, Italy, action for annulment (EU), agri-monetary policy, national currency

29.9.2001

EN

Official Journal of the European Communities

C 275/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Second Chamber)

of 4 July 2001

in Case C-447/99: Commission of the European Communi-
ties v Italian Republic (1)

(Failure of a Member State to fulfil
its obligations —
Article 59 of the EC Treaty (now, after amendment,
Article 49 EC) — Regulation (EEC) No 2408/92 — Access
for Community air carriers to intra-Community air routes
— Departure tax)

(2001/C 275/01)

(Language of the case: Italian)

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

In Case C-447/99: Commission of the European Communities
(Agents: F. Benyon and S. Dragone) v Italian Republic (Agent:
U. Leanza, assisted by I.M. Braguglia) — application for a
declaration that, by maintaining in force Article 3 of the
Decreto Ministeriale (Ministerial Decree) of 13 August 1998,
which brings into force Law No 537 of 24 December 1993, as
amended by Law No 662 of 23 December 1996, and which
provides for different departure taxes according to whether the
flight in question is domestic or intra-Community, the Italian
Republic has failed to fulfil its obligations under the combined
provisions of Article 59 of the EC Treaty (now, after amend-
ment, Article 49 EC) and Article 3(1) of Council Regulation
(EEC) No 2408/92 of 23 July 1992 on access for Community
air carriers to intra-Community air routes (OJ 1992 L 240,
p. 8) — the Court (Second Chamber), composed of: V. Skouris
(Rapporteur), President of the Chamber, R. Schintgen and
N. Colneric, Judges; S. Alber, Advocate General; R. Grass,
Registrar, has given a judgment on 4 July 2001, in which it:

1. Declares that, by maintaining in force Article 3 of the Decreto
Ministeriale of 13 August 1998, which brings into force Law
No 537 of 24 December 1993, as amended by Law No 662
of 23 December 1996, and which provides for different
departure taxes according to whether the flight in question is
domestic or intra-Community, the Italian Republic has failed
to fulfil its obligations under Article 59 of the EC Treaty (now,
after amendment, Article 49 EC) and Article 3(1) of Council
Regulation (EEC) No 2408/92 of 23 July 1992 on access for
Community air carriers to intra-Community air routes;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 34 of 5.2.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 5 July 2001

in Case C-100/99: Italian Republic v Council of the
European Union (1)

(Common agricultural policy — Agrimonetary system for
the euro — Transitional measures for the introduction of the
euro)

(2001/C 275/02)

(Language of the case: Italian)

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

In Case C-100/99: Italian Republian (Agent: U. Leanza, assisted
by D. Del Gaizo) v Council of the European Union (Agents:
the
G. Maganza and I. Dı´ez Parra) and Commission of
European Communities (Agents: K.-D. Borchardt and F. Rug-
geri Laderchi) — application for annulment of:

C 275/2

EN

Official Journal of the European Communities

29.9.2001

— Council Regulation (EC) No 2800/98 of 15 December
1998 on transitional measures to be applied under
the common agricultural policy with a view to the
introduction of the euro (OJ 1998 L 349, p. 8) and, more
particularly, Articles 2 and 3 thereof;

— Council Regulation (EC) No 2799/98 of 15 December
1998 establishing agrimonetary arrangements for the
euro (OJ 1998 L 349, p. 1) and, more particularly,
Articles 4 and 5 thereof and the annex thereto,
in
particular paragraphs 1 and 2 thereof;

— Commission Regulation (EC) No 2808/98 of 22 Decem-
ber 1998 laying down detailed rules for the application
of the agrimonetary system for the euro in agriculture (OJ
1998 L 349, p. 36); and

— Commission Regulation (EC) No 2813/98 of 22 Decem-
ber 1998 laying down detailed rules for applying the
transitional measures for the introduction of the euro to
the common agricultural policy (OJ 1998 L 349, p. 48),

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,
Jacobs, Advocate
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 5 July 2001, in which it:

Judges; F.G.

1. Dismisses the application;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 160 of 5.6.1999.

JUDGMENT OF THE COURT

10 July 2001

in Case C-315/99 P: Ismeri Europa Srl v Court of Auditors
of the European Communities (1)

(Appeal — MED programmes — Special Report No 1/96 of
the Court of Auditors — Principle of the right to a hearing
— Naming of third parties — Necessity and proportionality)

(2001/C 275/03)

(Language of the case: Italian)

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

In Case C-315/99 P: Ismeri Europa Srl, established in Rome
(Italy), represented by S. Ristuccia and G.L. Tosato, avvocati,
appeal against the judgment of the Court of First Instance of
the European Communities (Third Chamber) of 15 June 1999
in Case T-277/97 Ismeri Europa v Court of Auditors [1999]
ECR II-1825) seeking to have that judgment set aside, the
other party to the proceedings being: Court of Auditors of the

European Communities, (Agents: J.-M. Stenier, J. Inghelram
and P. Giusta) — the Court, composed of: G.C. Rodrı´guez
Iglesias, President, C. Gulmann, M. Wathelet and V. Skouris
(Presidents of Chambers), D.A.O. Edward,
J.-P. Puissochet
(Rapporteur), P.
Jann, L. Sevo´ n, R. Schintgen, F. Macken
and C.W.A. Timmermans, Judges; D. Ruiz-Jarabo Colomer,
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, has given a judgment on 10 July 2001, in which it:

1. Dismisses the appeal;

2. Orders Ismeri Europa Srl to pay the costs.

(1) OJ C 333 of 20.11.1999.

JUDGMENT OF THE COURT

of 12 July 2001

in Case C-368/98 (reference for a preliminary ruling from
the Cour du travail de Mons): Abdon Vanbraekel and
Others v Alliance nationale des mutualités chrétiennes
(ANMC) (1)

(Social security — Sickness insurance — Articles 22 and 36
of Regulation (EEC) No 1408/71 — Freedom to provide
services — Article 59 of the EC Treaty (now, after amend-
ment, Article 49 EC) — Hospital treatment costs incurred in
another Member State — Refusal of authorisation sub-
sequently declared unfounded)

(2001/C 275/04)

(Language of the case: French)

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

In Case C-368/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC)
from the Cour de
travail de Mons (Higher Labour Court, Mons) Belgium for a
preliminary ruling in the proceedings pending before that
court between Abdon Vanbraekel and Others and Alliance
nationale des mutualités chrétiennes (ANMC) — on the
interpretation of Articles 22 and 36 of Council Regulation
(EEC) No 1408/71 of 14 June 1971 on the application of
social security schemes to employed persons, to self-employed
persons and to members of their families moving within the
Community, in the version amended and updated by Council
Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230,
p. 6), and of Article 59 of the EC Treaty (now, after amendment,
Article 49 EC) — the Court, composed of: G.C. Rodrı´guez
Iglesias, President, C. Gulmann, A. La Pergola (Rapporteur),
M. Wathelet and V. Skouris
(Presidents of Chambers),
D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevo´ n, R. Schintgen
and F. Macken, Judges; A. Saggio, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 12 July 2001, in which it has ruled: