Source: EURLEX
Language: en
Format: md

C 6/8 EN Official Journal of the European Communities 8.1.2000

1. _Declares that, by failing to adopt within the prescribed period the_ 2. _Articles 73b(1) and 73d(1)(b) of the Treaty preclude a provision_
_laws, regulations and administrative provisions necessary to_ _of national law such as the first sentence of the fourth_
_comply with Council Directive 92/100/EEC of 19 November_ _subparagraph of Article 33 Tarifpost 8 of the Gebührengesetz._
_1992 on rental right and lending right and on certain rights_
_related to copyright in the field of intellectual property, Ireland_
_has failed to fulfil its obligations under that directive._ ( [1] ) OJ C 72 of 7.3.1998.

2. _Orders Ireland to pay the costs._

( [1] ) OJ No C 258 of 15.8.1998.

**Action brought on 23 September 1999 by the Com-**
**mission of the European Communities against Hitesys**
**SpA**

**JUDGMENT OF THE COURT**
**(Case C-356/99)**

**(Sixth Chamber)**
(2000/C 6/16)

**of 14 October 1999**
An action against Hitesys SpA, whose registered office is in
Aprilia, Latina (Italy), was brought before the Court of Justice
**in Case C-439/97 (reference for a preliminary ruling from**
of the European Communities on 23 September 1999 by the
**the Verwaltungsgerichtshof): Sandoz GmbH v Finanzlan-**
Commission of the European Communities, represented by
**desdirektion für Wien, Niederösterreich und Burgen-**
**land** ( [1] ) Eugenio de March, Legal Adviser, acting as Agent, and Mr Dal
Ferro, of the Vicenza Bar, with an address for service in
Luxembourg at the office of Carlos Go´mez de la Cruz, of its
_**(Loan agreements — Stamp duty — Rules governing impo-**_ Legal Service, Wagner Centre, Kirchberg.
_**sition — Discrimination)**_

The applicant claims that the Court should:
(2000/C 6/15)

1. Order Hitesys SpA, the defendant company, to repay EUR
132 500 by way of principal amount and EUR 61 032,8
_(Language of the case: German)_
by way of interest at 8,25 %, for the period running from
8 January 1994 to 8 September 1999, totalling EUR
194 443,7, to which must be added EUR 30 364 in default
_(Provisional translation; the definitive translation will be published_
interest in respect of each additional day of delay until full
_in the European Court Reports)_
payment is made with respect to the financing under
contract No JOU2-CT93-0417;
In Case C-439/97: Reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) by the Verwaltungsgerichts2. order Hitesys to pay the costs.
hof, Austria, for a preliminary ruling in the proceedings
pending before that court between Sandoz GmbH v Finanzlandesdirektion für Wien, Niederösterreich und Burgenland — on
_Pleas and main arguments_
the interpretation of Articles 73b and 73d of the EC Treaty
(now Articles 56 EC and 58 EC), and of Articles 1 and 4
of Council Directive 88/361/EEC of 24 June 1988 for the The action, brought under an arbitration clause, seeks the
implementation of Article 67 of the Treaty (OJ 1988 L 178, repayment of monies advanced in view of contract No
p. 5) — the Court (Sixth Chamber), composed of: R. Schintgen, JOU2-CT93-0417 for a research project in the field of the
President of the Second Chamber, acting as President of the non-nuclear energy-Joule II (1991-1994) programme adopted
Sixth Chamber, P.J.G. Kapteyn (Rapporteur) and G. Hirsch, by the Council of Ministers of the European Union( [1] ). The
Judges; P. Léger, Advocate General; D. Louterman-Hubeau, Commission decided to terminate the contract, governed by
Principal Administrator, for the Registrar, has given a judgment Italian law, on the ground of breach of contract by the
on 14 October 1999, in which it held that: defendant.

1. _Articles 73b(1) and 73d(1)(b) and (3) of the EC Treaty [now_
_Articles 56(1) EC and 58(1)(b) and (3) EC] are to be interpreted_ ( [1] ) Council Decision 91/484/EEC of 9 September 1991 (OJ 1991
_as not precluding the imposition of duty, under a national_ L 257, p. 37).
_provision such as the first subparagraph of Article 33 Tarifpost_
_8 of the Gebührengesetz, on loans contracted in another Member_
_State._