CELEX: C2002/017/07
Language: en
Date: 2002-01-19 00:00:00
Title: Judgment of the Court (Third Chamber) of 22 November 2001 in Joined Cases C-541/99 and C-542/99 (references for preliminary rulings from the Giudice di Pace di Viadana): Cape Snc and Idealservice Srl (C-541/99) and between Idealservice MN RE Sas and OMAI Srl (C-542/99) (Article 2(b) of Directive 93/13/EEC — Meaning of "consumer" — Undertaking concluding a standard contract with another undertaking to acquire merchandise or services solely for the benefit of its employees)

19.1.2002                EN                      Official Journal of the European Communities                                             C 17/5
4.    Orders Oder-Plan Architektur GmbH, NCC Deutsche Bau                                    JUDGMENT OF THE COURT
      GmbH and Esbensen Consulting Engineers, jointly and sever-
      ally, to pay the costs.
                                                                                                     (Third Chamber)
( 1) OJ C 160 of 5.6.1999.
                                                                                                  of 22 November 2001
                                                                            in Joined Cases C-541/99 and C-542/99 (references for
                                                                            preliminary rulings from the Giudice di Pace di Viadana):
                                                                            Cape Snc and Idealservice Srl (C-541/99) and between
                  JUDGMENT OF THE COURT
                                                                                Idealservice MN RE Sas and OMAI Srl (C-542/99) (1)
                          (Sixth Chamber)
                                                                            (Article 2(b) of Directive 93/13/EEC — Meaning of ‘con-
                       of 22 November 2001                                  sumer’ — Undertaking concluding a standard contract with
                                                                            another undertaking to acquire merchandise or services solely
                                                                                             for the benefit of its employees)
in Case C-147/99: Italian Republic v Commission of the
                    European Communities (1)
                                                                                                      (2002/C 17/07)
(EAGGF — Clearance of accounts — Ineligible durum wheat
— Quantities missing from the stockpile — Withdrawal of
approval of undertakings packaging olive oil — Inadequate
  management and checks of premiums for sheep and goats)                                        (Language of the case: Italian)
                            (2002/C 17/06)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
                     (Language of the case: Italian)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                            In Joined Cases C-541/99 and C-542/99: references to the
                                                                            Court under Article 234 EC from the Giudice di Pace
In Case C-147/99: Italian Republic (Agent: U. Leanza, assisted              (Magistrate), Viadana, (Italy) for preliminary rulings in the
by D. Del Gaizo) v Commission of the European Communities                   proceedings pending before that court between Cape Snc and
(Agent: F.P. Ruggeri Laderchi, assisted by A. Dal Ferro) —                  Idealservice Srl (C-541/99) and between Idealservice MN RE
application for annulment of the part concerning the Italian                Sas and OMAI Srl (C-542/99) — on the interpretation of
Republic of Commission Decision 1999/187/EC of 3 February                   Article 2(b) of Council Directive 93/13/EEC of 5 April 1993
1999 on the clearance of the accounts presented by the                      on unfair terms in consumer contracts (OJ 1993 L 95, p. 29)
Member States in respect of the expenditure for 1995 of the                 — the Court, composed of: F. Macken (Rapporteur), President
Guarantee Section of the European Agricultural Guidance and                 of the Chamber, C. Gulmann and J.-P. Puissochet, Judges;
Guarantee Fund (OJ 1999 L 61, p. 37) — the Court (Sixth                     J. Mischo, Advocate General; D. Louterman-Hubeau, Head of
Chamber), composed of: F. Macken, President of the Chamber,                 Division, for the Registrar, has given a judgment on 22 Novem-
N. Colneric, C. Gulmann (Rapporteur), V. Skouris and                        ber 2001, in which it has ruled:
J.N. Cunha Rodrigues, Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, has given a judgment on 22 November
2001, in which it:                                                          The term ‘consumer’, as defined in Article 2(b) of Council Directive
                                                                            93/13/EEC of 5 April 1993 on unfair terms in consumer contracts,
1.    Dismisses the action;                                                 must be interpreted as referring solely to natural persons.
2.    Orders the Italian Republic to pay the costs.
                                                                            (1) OJ C 47 of 19.2.2000.
(1) OJ C 188 of 3.7.1999.