Judgment of the Court (First Chamber) of 9 September 2004 in Case C-72/03 (reference for a preliminary ruling from the Commissione tributaria di Massa): Carbonati Apuani Srl v Comune di Carrara (Charges having effect equivalent to a customs duty — Tax levied on marble excavated in the territory of a municipality on its being transported across the boundaries of the municipal territory)
Date: 2004-10-23
Institutions: Court of Justice
Subjects: EU law, earths and stones, interpretation of the law, national law, tax exemption, tax system

23.10.2004

EN

Official Journal of the European Union

C 262/9

Hydrocarbons which are unintentionally spilled and cause soil and
groundwater contamination are waste within the meaning of Article
1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste, as
amended by Council Directive 91/156/EEC of 18 March 1991. The
same is true for soil contaminated by hydrocarbons, even if it has not
been excavated. In circumstances such as those in the main proceed-
ings, the petroleum undertaking which supplied the service station can
be considered to be the holder of that waste within the meaning of
Article 1(c) of Directive 75/442 only if the leak from the service
station's storage facilities which gave rise to the waste can be attrib-
uted to the conduct of that undertaking.

(1) OJ C 44 of 22.2.2003.

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 146 of 21.6.2003.

JUDGMENT OF THE COURT

(First Chamber)

JUDGMENT OF THE COURT

of 9 September 2004

(First Chamber)

of 9 September 2004

in Case C-72/03 (reference for a preliminary ruling from
the Commissione tributaria di Massa): Carbonati Apuani
Srl v Comune di Carrara (1)

in Case C-70/03: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Charges having effect equivalent to a customs duty — Tax
levied on marble excavated in the territory of a municipality
on its being transported across the boundaries of the muni-
cipal territory)

(Failure of a Member State to fulfil obligations — Directive
93/13/EEC — Unfair terms in consumer contracts — Rules
of interpretation — Rules concerning conflict of laws)

(2004/C 262/18)

(Language of the case: Italian)

(2004/C 262/17)

(Language of the case: Spanish)

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

In Case C-70/03: action under Article 226 EC for failure to
fulfil obligations brought on 17 February 2003, Commission of
the European Communities (Agents: I. Martínez del Peral and
M. França) v Kingdom of Spain (Agent: L. Fraguas Gadea) —
the Court (First Chamber), composed of: P. Jann (Rapporteur),
President of the Chamber, A. Rosas and R. Silva de Lapuerta,
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
has given a judgment on 9 September 2004, in which it:

1. Declares that, by failing correctly to transpose into national law
Articles 5 and 6(2) of Council Directive 93/13/EEC of 5 April
1993 on unfair terms in consumer contracts, the Kingdom of
Spain has failed to fulfil its obligations under that directive;

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

In Case C-72/03: reference for a preliminary ruling under
Article 234 EC from the Commissione tributaria di Massa
Carrara (Italy), by decision of 11 December 2002, registered at
the Court on 18 February 2003, in the proceedings brought by
Carbonati Apuani Srl v Comune di Carrara — the Court (First
Chamber), composed of: P. Jann, President of the Chamber, A.
Rosas, S. von Bahr, R. Silva de Lapuerta and K. Lenaerts
(Rapporteur), Judges; M. Poiares Maduro, Advocate General; L.
Hewlett, Principal Administrator, gave a judgment on 9
September 2004, the operative part of which is as follows:

1. A tax proportionate to the weight of goods, levied in one munici-
pality of a Member State only and imposed on one class of goods
when those goods are transported beyond the territorial boundaries
of that municipality, constitutes a charge having effect equivalent
to a customs duty on exports within the meaning of Article 23
EC, despite the fact that it is imposed also on goods the final
destination of which is within the Member State concerned.

C 262/10

EN

Official Journal of the European Union

23.10.2004

2. Article 23 EC cannot be relied on in support of claims for refunds
of sums levied by way of the marble tax before 16 July 1992,
except by claimants who had, before that date,
initiated legal
proceedings or raised an equivalent claim.

2. Orders the French Republic to pay the costs.

(1) OJ C 113 of 10.5.2003.

(1) OJ C 83 of 5.4.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 9 September 2004

in Case C-125/03: Commission of the European Commu-
nities against Federal Republic of Germany (1)

(Failure by a Member State to fulfil its obligations — Admis-
sibility — Legal interest in bringing proceedings — Directive
92/50/EEC — Public contracts — Services for transport of
waste — Procedure without prior publication of a contract
notice)

(2004/C 262/20)

(Language of the case: German)

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

In Case C-125/03: Commission of the European Communities
(Agents: K. Wiedner) v Federal Republic of Germany (Agent:
W.-D. Plessing and A. Tiemann) — action under Article 226
EC for failure to fulfil obligations — the Court (First Chamber),
composed of: P. Jann (Rapporteur), President of Chamber, A.
Rosas, S. von Bahr, K. Lenaerts and K. Schiemann, Judges; L.
Geelhoed, Advocate General; R. Grass, Registrar, has given a
judgment on 9 September 2004, in which it:

1. Declares that, by virtue of

the fact

that contracts for

refuse
removal concluded by the towns of Lüdinghausen, and Olfen, and
the district councils of Nordkirchen, Senden and Ascheberg were
awarded in disregard of the advertising rules laid down in Article
8,
in conjunction with 15(2) and 16(1) of Council Directive
92/50/EEC of 18 June 1992 relating to the coordination of
procedures for the award of public service contracts, the Federal
Republic of Germany has failed to fulfil its obligations under that
directive;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 112 of 10.5.2003.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 9 September 2004

in Case C-113/03: Commission of the European v French
Republic (1)

(Failure of a Member State to fulfil obligations — Telecom-
munications — Directive 97/33/CE — Number portability
service — Non-geographic numbers)

(2004/C 262/19)

(Language of the case: French)

In Case C-113/03: action under Article 226 EC for failure to
fulfil obligations, brought on 13 March 2003, Commission of
the European Communities (Agents: C. Giolito and M. Shotter)
v French Republic (Agents: G. de Bergues and C. Lemaire) —
the Court (Fifth Chamber), composed of: C. Gulmann (Rappor-
teur), President of the Chamber, S. von Bahr and R. Silva de
Jacobs, Advocate General; R. Grass,
Lapuerta,
Registrar, has given a judgment on 9 September 2004,
in
which it:

Judges; F.G.

1. Declares

that, by failing to ensure that portability of non-
geographic numbers was available on 1 January 2000 at the
latest, as required by Article 12(5) of Directive 97/33/EC of the
European Parliament and of the Council of 30 June 1997 on
interconnection in Telecommunications with regard to ensuring
universal service and interoperability through application of the
principles of Open Network Provision (ONP), as amended by
Article 1(2) of Directive 98/61/EC of the European Parliament
and of the Council of 24 September 1998 with regard to operator
number portability and carrier pre-selection, the French Republic
has failed to fulfil its obligations under that directive;