Judgment of the Court (Fourth Chamber) 4 July 2002 in Case C-173/01: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil its obligations — Directive 1999/20/EC — Failure to implement within the period prescribed)
Date: 2002-09-28
Institutions: Court of Justice
Subjects: Greece, action for failure to fulfil an obligation, animal nutrition, food additive, food inspection

C 233/10

EN

Official Journal of the European Communities

28.9.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

13 June 2002

(Fourth Chamber)

4 July 2002

in Case C-353/00 (Reference for a preliminary ruling from
the VAT and Duties Tribunal, Manchester): Keeping
Newcastle Warm Limited v Commissioners of Customs
& Excise (1)

in Case C-173/01: Commission of the European Communi-
ties v Hellenic Republic (1)

(Failure by a Member State to fulfil
its obligations —
Directive 1999/20/EC — Failure to implement within the
period prescribed)

(Sixth VAT Directive — Article 11A(1)(a) — Taxable
amount — Consideration for goods or services — Subsidy)

(2002/C 233/15)

(2002/C 233/14)

(Language of the case: Greek)

(Language of the case: English)

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

In Case C-353/00: Reference to the Court under Article 234
EC by the VAT and Duties Tribunal, Manchester (United
Kingdom), for a preliminary ruling in the proceedings pending
before that court between Keeping Newcastle Warm Limited
and Commissioners of Customs & Excise, on the interpretation
of Article 11A(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 (OJ 1977 L 145, p. 1),
the Court (Third Chamber), composed of: F. Macken, President
of the Chamber, C. Gulmann (Rapporteur) and J.-P. Puissochet,
Judges; C. Stix-Hackl, Advocate General; H. A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
13 June 2002, in which it has ruled:

Article 11A(1)(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 is to be interpreted as meaning that
a sum such as that paid in the case in the main proceedings
constitutes part of the consideration for the supply of services and
forms part of the taxable amount in respect of that supply for the
purposes of value added tax.

( 1) OJ C 335 of 25.11.2000.

In Case C-173/01, Commission of the European Communities
(Agent: M. Condou-Durande) v Hellenic Republic (Agents:
N. Tsiros and N. Dafniou): Application for a declaration that,
by failing to adopt within the period prescribed the laws,
regulations and administrative provisions necessary to comply
with Council Directive 1999/20/EC of 22 March 1999
amending Directives 70/524/EEC concerning additives in
feedingstuffs, 82/471/EEC concerning certain products used in
animal nutrition, 95/53/EC fixing the principles governing the
organisation of official
inspections in the field of animal
nutrition and 95/69/EC laying down the conditions and
arrangements for approving and registering certain establish-
ments and intermediaries operating in the animal feed sector
(OJ 1999 L 80, p. 20), the Hellenic Republic has failed to fulfil
its obligations under the EC Treaty and that directive, the
Court (Fourth Chamber), composed of: S. von Bahr, President
of the Chamber, D. A. O. Edward and C. W. A. Timmermans
(Rapporteur), Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given a judgment on 4 July 2002, in which it:

1. Declares that, by failing to adopt within the period prescribed
the laws, regulations and administrative provisions necessary to
comply with Council Directive 1999/20/EC of 22 March
1999 amending Directives 70/524/EEC concerning additives
in feedingstuffs, 82/471/EEC concerning certain products used
in animal nutrition, 95/53/EC fixing the principles governing
the organisation of official inspections in the field of animal
nutrition and 95/69/EC laying down the conditions and
arrangements for approving and registering certain establish-
ments and intermediaries operating in the animal feed sector,
the Hellenic Republic has failed to fulfil its obligations under
that Directive.

28.9.2002

EN

Official Journal of the European Communities

C 233/11

2. Orders the Hellenic Republic to pay the costs.

ORDER OF THE COURT

( 1) OJ C 212 of 28.7.2001.

ORDER OF THE COURT

(Sixth Chamber)

of 2 May 2002

(Second Chamber)

of 18 July 2002

in Case C-136/01 P: Autosalone Ispra dei Fratelli Rossi
Snc v European Atomic Energy Community (1)

(Appeal — Claim for compensation — Non-contractual
liability — Flooding — Blocked drain — Limitation period
— No interruption of limitation period)

in Case C-129/01 (reference for a preliminary ruling from
the Tribunale di Bologna): Condominio Facchini Orsini v
Kone Ascensori SpA (1)

(2002/C 233/17)

(Language of the case: Italian)

(Preliminary ruling — Inadmissibility)

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

(2002/C 233/16)

(Language of the case: Italian)

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

In Case C-129/01: reference to the Court under Article 234
EC from the Tribunale di Bologna (Italy) for a preliminary
ruling in the proceedings pending before that court between
Condominio Facchini Orsini and Kone Ascensori SpA — 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 (Sixth Chamber), composed
of: F. Macken, President of the Chamber, N. Colneric, C. Gul-
mann,
Judges; J. Mischo,
Advocate General; R. Grass, Registrar, has made an order on
2 May 2002, in which it has ruled:

J.-P. Puissochet and V. Skouris,

In Case C-136/01 P: Autosalone Ispra dei Fratelli Rossi Snc,
established in Ispra (Italy), (Lawyer: F. Venuti), appeal against
the order of the Court of First Instance of the European
Communities (Second Chamber) of 17 January 2001 in Case
T-124/99 Autosalone Ispra dei Fratelli Rossi v EAEC [2001]
ECR II-53, seeking to have that order set aside, the other
party to the proceedings being: European Atomic Energy
Community, represented by the Commission of the European
Communities (Agents: H. Speyart and P. Stancanelli) —
the Court
(Second Chamber), composed of: N. Colneric
(Rapporteur), President of the Chamber, R. Schintgen and
V. Skouris, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has given a judgment on 18 July 2002, the
operative part of which is as follows:

1.

The appeal is dismissed.

2. Autosalone Ispra dei Fratelli Rossi Snc is ordered to pay the

The question submitted for a preliminary ruling by the Tribunale di
Bologna, by order of 20 February 2001, is inadmissible.

costs.

( 1) OJ C 173, 16.6.2001.

(1) OJ C 150, 19.5.2001.