Judgment of the Court (Third Chamber) of 22 November 2001 in Joined Cases C-541/99 and C-542/99 (references for preliminary rulings from the Giudice di Pace di Viadana): Cape Snc and Idealservice Srl (C-541/99) and between Idealservice MN RE Sas and OMAI Srl (C-542/99) (Article 2(b) of Directive 93/13/EEC — Meaning of "consumer" — Undertaking concluding a standard contract with another undertaking to acquire merchandise or services solely for the benefit of its employees)
Date: 2002-01-19
Institutions: Court of Justice
Subjects: consumer protection, contract, goods and services, interpretation of the law

19.1.2002

EN

Official Journal of the European Communities

C 17/5

4. Orders Oder-Plan Architektur GmbH, NCC Deutsche Bau
GmbH and Esbensen Consulting Engineers, jointly and sever-
ally, to pay the costs.

(1) OJ C 160 of 5.6.1999.

JUDGMENT OF THE COURT

(Third Chamber)

of 22 November 2001

JUDGMENT OF THE COURT

(Sixth Chamber)

of 22 November 2001

in Case C-147/99: Italian Republic v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — Ineligible durum wheat
— Quantities missing from the stockpile — Withdrawal of
approval of undertakings packaging olive oil — Inadequate
management and checks of premiums for sheep and goats)

in Joined Cases C-541/99 and C-542/99 (references for
preliminary rulings from the Giudice di Pace di Viadana):
Cape Snc and Idealservice Srl (C-541/99) and between
Idealservice MN RE Sas and OMAI Srl (C-542/99) (1)

(Article 2(b) of Directive 93/13/EEC — Meaning of ‘con-
sumer’ — Undertaking concluding a standard contract with
another undertaking to acquire merchandise or services solely
for the benefit of its employees)

(2002/C 17/07)

(Language of the case: Italian)

(2002/C 17/06)

(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-147/99: Italian Republic (Agent: U. Leanza, assisted
by D. Del Gaizo) v Commission of the European Communities
(Agent: F.P. Ruggeri Laderchi, assisted by A. Dal Ferro) —
application for annulment of the part concerning the Italian
Republic of Commission Decision 1999/187/EC of 3 February
1999 on the clearance of the accounts presented by the
Member States in respect of the expenditure for 1995 of the
Guarantee Section of the European Agricultural Guidance and
Guarantee Fund (OJ 1999 L 61, p. 37) — the Court (Sixth
Chamber), composed of: F. Macken, President of the Chamber,
N. Colneric, C. Gulmann (Rapporteur), V. Skouris and
J.N. Cunha Rodrigues, Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, has given a judgment on 22 November
2001, in which it:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 188 of 3.7.1999.

In Joined Cases C-541/99 and C-542/99: references to the
Court under Article 234 EC from the Giudice di Pace
(Magistrate), Viadana, (Italy) for preliminary rulings in the
proceedings pending before that court between Cape Snc and
Idealservice Srl (C-541/99) and between Idealservice MN RE
Sas and OMAI Srl (C-542/99) — on the interpretation of
Article 2(b) of Council Directive 93/13/EEC of 5 April 1993
on unfair terms in consumer contracts (OJ 1993 L 95, p. 29)
— the Court, composed of: F. Macken (Rapporteur), President
of the Chamber, C. Gulmann and J.-P. Puissochet, Judges;
J. Mischo, Advocate General; D. Louterman-Hubeau, Head of
Division, for the Registrar, has given a judgment on 22 Novem-
ber 2001, in which it has ruled:

The term ‘consumer’, as defined in Article 2(b) of Council Directive
93/13/EEC of 5 April 1993 on unfair terms in consumer contracts,
must be interpreted as referring solely to natural persons.

(1) OJ C 47 of 19.2.2000.