Judgment of the Court (Third Chamber) of 13 November 2001 in Case C-59/99: Commission of the European Communities v Manuel Pereira Roldão & Filhos Ld.a, Instituto Superior Técnico and King, Taudevin & Gregson (Holdings) Ltd (Arbitration clause — Reimbursement of advance payments made under a contract terminated by the Commission for non-performance)
Date: 2002-01-05
Institutions: Court of Justice
Subjects: EC action to establish liability, European Commission, European official, energy research, financial aid, redemption

C 3/4

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Official Journal of the European Communities

5.1.2002

business use of a private car, the Kingdom of the Netherlands
has failed to fulfil its obligations under the EC Treaty — the
Court (Fifth Chamber), composed of: S. von Bahr, President of
the Fourth Chamber, acting for the President of the Fifth
Chamber, D.A.O. Edward, A. La Pergola (Rapporteur),
M. Wathelet and C.W.A. Timmermans, Judges; C. Stix-Hackl,
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 8 November 2001, in
which it:

1. Declares that by providing, in breach of Articles 17(2)(a) and
18(1)(a) of 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, in the version resulting from
Council Directive 95/7/EC of 10 April 1995 amending
Directive 77/388 and introducing new simplification measures
with regard to value added tax — scope of certain exemptions
and practical arrangements for implementing them, that an
employer who is a taxable person, for the purposes of value
added tax may deduct part of an allowance paid to an employee
for business use of a private car, the Kingdom of the Netherlands
has failed to fulfil its obligations under the EC Treaty;

2. Orders the Kingdom of the Netherlands to pay the costs;

3. Orders the United Kingdom of Great Britain and Northern

Ireland to bear its own costs.

(1) OJ C 340 of 7.11.1998.

Republic (Agents: P. Mylonopoulos and N. Dafniou) —
application for a declaration that, by establishing and main-
taining a system for stocks of petroleum products which
directly links the facility to transfer the storage obligation to
refineries established in Greece to an obligation to obtain
supplies of petroleum products from those refineries, and by
prohibiting service stations from obtaining supplies from
refineries or from another Member State, the Hellenic Republic
has failed to fulfil its obligations under Article 30 of the EC
Treaty (now, after amendment, Article 28 EC) — the Court
(Fifth Chamber), composed of: P.
the
Chamber, D.A.O. Edward (Rapporteur), A. La Pergola, L. Sevo´ n
and M. Wathelet, Judges; D. Ruiz-Jarabo Colomer, Advocate
General; L. Hewlett, Administrator, for the Registrar, has given
a judgment on 25 October 2001, in which it rules:

Jann, President of

1.

By establishing and maintaining a system for the compulsory
maintenance of emergency stocks of petroleum products which
directly links the facility for companies which market those
products to transfer
their storage obligation to refineries
established in Greece to an obligation to obtain their supplies
of those products from those refineries, the Hellenic Republic
has failed to fulfil its obligations under Article 30 of the EC
Treaty (now, after amendment, Article 28 EC).

2.

The Hellenic Republic is ordered to pay the costs.

(1) OJ C 397 of 19.12.1998.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 25 October 2001

JUDGMENT OF THE COURT

(Third Chamber)

of 13 November 2001

in Case C-398/98: Commission of the European Communi-
ties v Hellenic Republic (1)

in Case C-59/99: Commission of the European Communi-
ties v Manuel Pereira Rolda˜ o & Filhos Ld.a, Instituto
Superior Técnico and King, Taudevin & Gregson (Hold-
ings) Ltd (1)

(Failure by a Member State to fulfil its obligations —
Article 30 of the EC Treaty (now, after amendment, Article
28 EC) — Obligation to maintain minimum stocks of
petroleum products)

(Arbitration clause — Reimbursement of advance payments
made under a contract terminated by the Commission for
non-performance)

(2002/C 3/05)

(Language of the case: Greek)

(2002/C 3/06)

(Language of the case: Portuguese)

(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-398/98: Commission of the European Communities
(Agents: D. Triantafyllou and O. Couvert-Castéra) v Hellenic

In Case C-59/99: Commission of the European Communities
(Agents: initially F. de Sousa Fialho and O. Couvert-Castéra,

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Official Journal of the European Communities

C 3/5

subsequently H. van Lier and A. Caeiros, assisted by E. Braga)
v Manuel Pereira Rolda˜o & Filhos Ld.a, established in Marinha
Grande (Portugal), Instituto Superior Técnico, established in
Lisbon (Portugal), represented by J.L. da Cruz Vilaga and
T. Araga˜o Morais, advogados, and King, Taudevin & Gregson
(Holdings) Ltd — application by the Commission pursuant to
Article 181 of the EC Treaty (now Article 238 EC) for recovery
of an advance payment which it had granted to the defendants
under Contract No IN 90/91 PO/UK relating to activities
concerning the promotion of energy technology in Europe
(Thermie programme) — the Court (Third Chamber), compo-
sed of: F. Macken, President of the Chamber, C. Gulmann and
J.N. Cunha Rodrigues (Rapporteur), Judges; L.A. Geelhoed,
Advocate General; L. Hewlett, Administrator, for the Registrar,
has given a judgment on 13 November 2001, in which it:

1. Orders Manuel Pereira Rolda˜o & Filhos Ld.a and the Instituto
Superior Técnico jointly and severally to pay to the Commission
of the European Communities the sum of EUR 357 813;

2. Orders Manuel Pereira Rolda˜o & Filhos Ld.a to pay to
the Commission of the European Communities the sum of
EUR 185 833,78 in interest due as at 1 January 1999 and
contractual interest from that date until full payment of the
principal sum due;

3. Orders Manuel Pereira Rolda˜o & Filhos Ld.a and the Instituto

Superior Técnico to pay the costs.

(1) OJ C 121 of 1.5.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 8 November 2001

in Case C-127/99: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Inadequate implementation of Directive 91/676/EEC —
Protection of waters against pollution caused by nitrates
from agricultural sources)

(Agent: P. Stancanelli) v Italian Republic (Agent: U. Leanza,
assisted by P.G. Ferri) — application for a declaration that:

— by failing to establish one or more action programmes
having the features, and meeting the conditions,
laid
down in Article 5 of Council Directive 91/676/EEC of
12 December 1991 concerning the protection of waters
against pollution caused by nitrates from agricultural
sources (OJ 1991 L 375, p. 1),

— by failing to carry out fully and correctly the monitoring

operations prescribed by Article 6 of that directive; and

— by failing to draw up and submit a full report of the kind

required by Article 10 of that directive,

the Italian Republic has failed to fulfil its obligations under
Community law — the Court (Sixth Chamber), composed of:
N. Colneric, President of the Second Chamber, acting for the
President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet,
V. Skouris and J.N. Cunha Rodrigues (Rapporteur), Judges;
L.A. Geelhoed, Advocate General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 8 November 2001,
in which it:

1. Declares that, by having failed:

— to establish action programmes within the meaning of
Article 5 of Council Directive 91/676/EEC of 12 Decem-
ber 1991 concerning the protection of waters against
pollution caused by nitrates from agricultural sources,

— to carry out the monitoring operations prescribed by

Article 6 of the said directive, and

— to submit to the Commission a report of the kind required

by Article 10 of the directive,

the Italian Republic failed to fulfil its obligations under those
provisions of Directive 91/676.

(2002/C 3/07)

(Language of the case: Italian)

2. Orders the Italian Republic to pay the costs.

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

(1) OJ C 204 of 17.7.1999.

In Case C-127/99: Commission of the European Communities