CELEX: C1998/327/02
Language: en
Date: 1998-10-24 00:00:00
Title: JUDGMENT OF THE COURT of 15 September 1998 in Case C-260/96 (reference for a preliminary ruling from the Corte d'Appello di Venezia): Ministero delle Finanze v Spac SpA (Recovery of sums paid but not due - Procedural time-limits under national law)

C 327/2              EN                  Official Journal of the European Communities                                     24.10.98
              JUDGMENT OF THE COURT                                      at that date, the directive concerned had not yet been
                                                                         properly transposed into national law.
                   of 15 September 1998
in Case C-260/96 (reference for a preliminary ruling from           (1) OJ C 294, 5.10.1996.
the Corte d'Appello di Venezia): Ministero delle Finanze v
                         Spac SpA (1)
(Recovery of sums paid but not due Ð Procedural
               time-limits under national law)
                       (98/C 327/02)
                                                                                   JUDGMENT OF THE COURT
                                                                                        of 15 September 1998
               (Language of the case: Italian)                      in Joined Cases C-279/96, C-280/96 and C-281/96
                                                                    (reference for a preliminary ruling from the Tribunale di
                                                                    Genova): Ansaldo Energia SpA v Amministrazione delle
                                                                    Finanze dello Stato, Amministrazione delle Finanze dello
                                                                    Stato v Marine Insurance Consultants Srl and GMB Srl
                                                                    and Others v Amministrazione delle Finanze dello Stato (1)
 (Provisional translation; the definitive translation will be
         published in the European Court Reports)                   (Recovery of sums paid but not due Ð Procedural
                                                                              time-limits under national law Ð Interest)
                                                                                             (98/C 327/03)
In Case C-260/96: reference to the Court under Article 177
of the EC Treaty from the Corte d'Appello di Venezia
(Court of Appeal, Venice) (Italy), for a preliminary                                (Language of the case: Italian)
ruling in the proceedings pending before that court
between Ministero delle Finanze and Spac SpA Ð on the
interpretation of Community law concerning recovery of
sums unduly paid Ð the Court, composed of: G. C.
Rodríguez Iglesias, President, H. Ragnemalm, M. Wathelet              (Provisional translation; the definitive translation will be
and R. Schintgen (Presidents of Chambers), G. F. Mancini,                     published in the European Court Reports)
J. C. Moitinho de Almeida, P. J. G. Kapteyn, D. A. O.
Edward, J.-P. Puissochet (Rapporteur), L. Sevón and K. M.
Ioannou, Judges; D. Ruiz-Jarabo Colomer, Advocate
                                                                    In Joined Cases C-279/96, C-280/96 and C-281/96:
General; D. Louterman-Hubeau, Principal Administrator,
                                                                    reference to the Court under Article 177 of the EC Treaty
for the Registrar, has given a judgment on 15 September
                                                                    from the Tribunale di Genova (District Court, Genoa)
1998, in which it has ruled:
                                                                    for a preliminary ruling in the proceedings pending
                                                                    before that court between Ansaldo Energia SpA and
                                                                    Amministrazione delle Finanze dello Stato, and between
                                                                    Amministrazione delle Finanze dello Stato and Marine
1. Community law does not prohibit a Member State                   Insurance Consultants Srl and between GMB Srl and
    from resisting actions for repayment of charges levied          Others and Amministrazione delle Finanze dello Stato Ð
    in breach of Community law by relying on a time-                on the interpretation of Community law concerning
    limit under national law of three years, by way of              recovery of sums unduly paid Ð the Court, composed of:
    derogation from the ordinary rules governing actions            G. C. Rodríguez Iglesias, President, H. Ragnemalm, M.
    between private individuals for the recovery of sums            Wathelet and R. Schintgen (Presidents of Chambers), G. F.
    paid but not due, for which the period allowed is               Mancini, J. C. Moitinho de Almeida, P. J. G. Kapteyn,
    more favourable, provided that that time-limit applies          D. A. O. Edward, J.-P. Puissochet (Rapporteur), L. Sevón
    in the same way to actions based on Community law               and K. M. Ioannou, Judges; D. Ruiz-Jarabo Colomer,
    for repayment of such charges as to those based on              Advocate General; D. Louterman-Hubeau, Principal
    national law.                                                   Administrator, for the Registrar, has given a judgment on
                                                                    15 September 1998, in which it has ruled:
2. In circumstances such as those of the main                       1. In circumstances such as those of the main
    proceedings, Community law does not prevent a                        proceedings, Community law does not prevent a
    Member State from resisting actions for repayment of                 Member State from resisting actions for repayment of
    charges levied in breach of a directive by relying on a              charges levied in breach of a directive by relying on a
    time-limit under national law which is reckoned from                 time-limit under national law which is reckoned from
    the date of payment of the charges in question, even if,             the date of payment of the charges in question, even if,