Judgment of the Court (Fifth Chamber) of 8 May 2003 in Case C-384/01: Commission of the European Communities v French Republic (Failure of a State to fulfil obligations — Sixth VAT Directive — Article 12(3)(a) and (b) — Supplies of gas and electricity delivered by the public networks — Standing charge for supply networks — Reduced rate)
Date: 2003-06-21
Institutions: Court of Justice
Subjects: European Commission, France, VAT, action for failure to fulfil an obligation, energy distribution, tax harmonisation

21.6.2003

EN

Official Journal of the European Union

C 146/11

reunification of Germany, is henceforth incorporated in one of
the pre-existing länder of the Federal Republic of Germany
under a treaty concluded after that date.

JUDGMENT OF THE COURT

( 1) OJ C 275 of 29.9.2001.

(Fifth Chamber)

of 8 May 2003

JUDGMENT OF THE COURT

(Fifth Chamber)

of 3 April 2003

in Case C-384/01: Commission of the European Communi-
ties v French Republic (1)

(Failure of a State to fulfil obligations — Sixth VAT
Directive — Article 12(3)(a) and (b) — Supplies of gas and
electricity delivered by the public networks — Standing
charge for supply networks — Reduced rate)

in Case C-277/01 P: European Parliament v Ignacio Samp-
er (1)

(Appeals — Officials — Reconstruction of career — Con-
sideration of comparative merits)

(2003/C 146/19)

(Language of the case: French)

(2003/C 146/18)

(Language of the case: French)

(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-277/01 P, European Parliament (Agents: H. von
Hertzen and D. Moore): Appeal against the judgment of the
Court of First Instance of the European Communities (Fourth
Chamber) of 3 May 2001 in Case T-99/00 Samper v Parliament
[2001] ECR-SC I-A-111 and II-507, seeking to have that
judgment set aside, the other party to the proceedings being:
Ignacio Samper employee of the European Parliament, resident
in Madrid (Spain),
(represented by E. Boigelot), the Court
(Fifth Chamber), composed of: M. Wathelet, President of the
Chamber, C.W.A. Timmermans, A. La Pergola, P. Jann and
S. von Bahr (Rapporteur), Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, has given a judgment on 3 April
2003, in which it has ruled:

1. Annuls the judgment of the Court of First Instance of 3 May

2001 in Case T-99/00 Samper v Parliament;

2.

Refers the case back to the Court of First Instance for it to give
judgment on the claims by Mr Samper for annulment of
the decision of the European Parliament of 9 June 1999
reconstructing his career, in so far as it sets at 1 January 1998
the date for his promotion to Grade A 4 to take effect;

3.

Reserves the costs.

( 1) OJ C 245 of 1.9.2001.

In Case C-384/01, Commission of the European Communities
(Agents: E. Traversa and C. Giolito) v French Republic (Agents:
G. de Bergues and P. Boussaroque): Application for a declar-
ation that, by applying a reduced rate of value added tax to the
fixed part of the prices for gas and electricity supplied by the
public networks, the French Republic has failed to fulfil its
obligations under Article 12(3)(a) and (b) of Sixth Council
Directive 77/388/EC 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 assess-
ment (OJ 1977 L 145, p. 1), as amended by Council Directive
96/95/EC of 20 December 1996 amending, with regard to the
level of the standard rate of value added tax, Directive 77/388/
EEC (OJ 1996 L 338, p. 89), the Court (Fifth Chamber),
the Chamber,
composed of: M. Wathelet, President of
Jann and
D.A.O. Edward (Rapporteur), A. La Pergola, P.
A. Rosas,
Judges; S. Alber, Advocate General; R. Grass,
Registrar, has given a judgment on 8 May 2003, in which it:

1. Dismisses the application;

2. Orders the Commission of the European Communities to pay

the costs.

(1) OJ C 348 of 8.12.2001.