CELEX: C1995/189/02
Language: en
Date: 1995-07-22 00:00:00
Title: JUDGMENT OF THE COURT of 18 May 1995 in Case C-57/94: Commission of the European Communities v. Italian Republic (Action for failure to fulfil obligations - Public works contracts - Failure to publish a notice of invitation to tender)

22 . 7 . 95            EN                  Official Journal of the European Communities                                No C 189/1
                                                                   I
                                                            (Information)
                                               COURT OF JUSTICE
                                                         COURT OF JUSTICE
               JUDGMENT OF THE COURT                                  organization of the markets in the sugar sector, as amended
                        (Fourth Chamber)                              by Council Regulation (EEC) No 1396/78 of 20 June 1978,
                                                                      Article 8 (2), third subparagraph (a), of Council Regulation
                          of 4 May 1995                               (EEC) No 1785/81 of 30 June 1981 on the common
in Case C-19/94 ( reference for a preliminary ruling from the         organization of the markets in the sugar sector and
Cour Administrative d'Appel, Nantes ): SA des Sucreries de            Article 6 (4) of Council Regulation (EEC) No 1358/77 of
Fontaine-le-Dun-Bolbec-Auffay (SAFBA ) v. Ministre du                 20 June 1977 laying down general rules for offsetting
                              Budget O                                storage costs for sugar and repealing Regulation (EEC)
(Common organization ofthe markets in the sugar sector —              No 750/68 must be interpreted as meaning that the
System for offsetting storage costs — Chargeable event for            prescribed conditions for materialization of the obligation
                             storage levy)                            to pay the storage levy are satisfied when the sugar is
                                                                      disposed of
                           ( 95/C 189/01 )
                                                                      (!)  OJ No  C 59 , 26 . 2 . 1994 .
                 (Language of the case: French)                       (2)  OJ No  L 177, 1 . 7 . 1981 , p . 4 .
                                                                      (3 ) OJ No  L 156 , 25 . 6 . 1977, p . 4 .
                                                                      (4 ) OJ No  L 231 , 23 . 8 . 1978 , p. 5 .
(Provisional translation; the definitive translation will be
          published in the European Court Reports)
In Case C-19/94 : reference to the Court under Article 177 of
the EC Treaty from the Cour Administrative d'Appel
( Administrative Court of Appeal ), Nantes, for a preliminary                        JUDGMENT OF THE COURT
ruling in the proceedings pending before that court between                                      of 18 May 1995
SA des Sucreries de Fontaine-le-Dun-Bolbec-Auffay
( SAFBA) and the Ministre du Budget, on the interpretation                   in Case C-57/94: Commission of the European
of Article 8 ( 2 ) of Council Regulation ( EEC ) No 1785/81 of                     Communities v. Italian Republic ( a )
30 June 1981 on the common organization ofthe markets in              (Action for failure to fulfil obligations — Public works
the sugar sector (2 ), Council Regulation (EEC ) No 1358/77           contracts — Failure to publish a notice of invitation to
of 20 June 1977 laying down general rules for offsetting                                                tender)
storage costs for sugar and repealing Regulation ( EEC )                                           ( 95/C 189/02 )
No 750/68 ( 3 ), and Article 12 of Commission Regulation
( EEC ) No 1998/78 of 18 August 1978 laying down detailed
rules for the offsetting of storage costs for sugar ( 4), the                         (Language of the case: ltalian)
Court ( Fourth Chamber), composed of: P. J. G. Kapteyn,
President ofthe Chamber, C. N. Kakouris ( Rapporteur ) and            (Provisional translation; the definitive translation will be
J. L. Murray, Judges; M. B. Elmer, Advocate-General; D.                         published in the European Court Reports)
Louterman-Hubeau, Principal Administrator, for the
Registrar, gave a judgment on 4 May 1995 , the operative
part of which is as follows :                                         In Case C-57/94 : Commission of the European
                                                                      Communities (Agent: Antonio Aresu) against the Italian
                                                                      Republic (Agent: Professor Umberto Leanza, assisted by
Article 8 (1 ), third subparagraph (a), of Council Regulation         Pier Giorgio Ferri, Avvocato dello Stato ) — application for a
(EEC) No 3330/74 of 19 December 1974 on the common                    declaration that, in so far as the provincial administration of
 ---pagebreak--- No C 189/2              EN                   Official Journal of the European Communities                                       22 . 7 . 95
Ascoli Piceno awarded a private contract for the 11th and               right of establishment and freedom to provide services (2),
12th supplementary reports for the completion of the                    the Italian Republic has failed to fulfil its obligations under
section of rapid transit highway 'Ascoli—Mare ' entitled                that Article and under Article 1 of Council Directive
' Stage IV — Project 5134' and failed to publish a notice of            78/687/EEC of 25 July 1978 concerning the coordination of
invitation to tender in the Official Journal of the European            provisions laid down by law, regulation or administrative
Communities, the Italian Republic has failed to fulfil its              action in respect of the activities of dental practitioners ( 3 )
obligations under Council Directive 71/305/EEC of 26 July               — the Court ( Fifth Chamber), composed of: C. Gulmann,
1971 concerning the coordination of procedures for the                  President of the Chamber, P. Jann, J. C. Moitinho de
award of public works contracts (2 ) — the Court, composed              Almeida, D. A. . O. Edward ( Rapporteur ) and J.-P.
of: G. C. Rodriguez Iglesias , President, F. A. Schockweiler            Puissochet, Judges; P. Léger, Advocate-General; L. Hewlett,
( Rapporteur ), P. J. G. Kapteyn and P. Jann ( Presidents of            Administrator, for the Registrar, has given a judgment on
Chambers ), G. F. Mancini, C. N. Kakouris, J. C. Moitinho               1 June 1995 , in which it:
de Almeida , J. L. Murray, J. -P. Puissochet, G. Hirsch and H.
Ragnemalm, Judges ; M. B. Elmer, Advocate-General; L.                   1 , declares that, by deferring, by Law No 471 of
Hewlett, Administrator, for the Registrar, gave a judgment                    31 October 1988, until 1984/85, with regard to
on 18 May 1 995 , the operative part of which is as                           diplomas in medicine and surgery, the final date set in
follows :                                                                     Article 19 of the Council Directive 78/686/EEC of
                                                                              25 July 1978 concerning the mutual recognition of
1 , in so far as the provincial administration of Ascoli                      diplomas, certificates and other evidence of the formal
      Piceno awarded a private contract for the 11th and 12th                 qualifications of practitioners of dentistry, including
      supplementary reports for the completion of the section                 measures to facilitate the effective exercise ofthe right of
      ofrapid transit highway 'Ascoli-Mare ' entitled 'Stage IV               estrablishment and freedom to provide services, the
      — Project 5134 ' and failed to publish a notice of                      Italian Republic has failed to fulfil its obligations under
      invitation to tender in the Official Journal of the                     that Article and under Article 1 of Council Directive
      European Communities, the Italian Republic has failed                   78/6871EEC of 25 July 1978 concerning the
      to fulfil its obligations under Council Directive                       coordination ofprovisions laid down by law, regulation
      71 /305/EEC of 26 July 1971 concerning the                              or administrative action in respect of the activities of
      coordination of procedures for the award of public                      dental practitioners;
      works contracts;
                                                                        2 , orders the Italian Republic to pay the costs.
2 , the Italian Republic is ordered to pay the costs.
                                                                        (!) OJ No C 70, 12 . 3 . 1993 .
(M OJ No C 90 , 26 . 3 . 1994 .                                         (2 ) OJ No L 233 , 24 . 8 . 1978 , p . 1 .
( 2 ) OJ No L 185 , 16 . 8 . 1971 , p . 5 .                             ( 3 ) OJ No L 233 , 24 . 8 . 1978 , p . 10 .
                JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                          (Fifth Chamber)                                                        ( Third Chamber)
                           of 1 June 1995                                                          of 1 June 1995
        in Case C-40/93 : Commission of the European                    in Case C-459/93 ( reference for a preliminary ruling from
              Communities v. Italian Republic (*)                       the Bundesfinanzhof): Hauptzollamt Hamburg-St. Annen
 (Failure to fulfil obligations — Directives 78/686/EEC and                          v. Thyssen Haniel Logistic GmbH ( x )
                              78/687/EEC)                                (Common Customs Tariff — Council Regulation (EEC)
                             ( 95/C 189/03 )                            No 3618/86 — Tariff headings 21.07 and 30.03 —
                                                                        Mixtures ofamino acids usedfor thepreparation ofinfusion
                                                                                                        solutions)
                 (Language of the case: Italian)
                                                                                                     ( 95/C 189/04 )
 (Provisional translation; the definitive translation will be
           published in the European Court Reports)                                      (Language of the case: German)
In Case C-40/93 : Commission of the European                             (Provisional translation; the definitive translation will be
Communities ( Agent: Enrico Traversa ) v . Italian Republic                        published in the European Court Reports)
 ( Agent: Umberto Leanza ) — application for a declaration
that, by deferring, by Law No 471 of 31 October 1988 , until            In Case C-459/93 : reference to the Court under Article 177
 1984/85 , with regard to diplomas in medicine and surgery,             of the EC Treaty by the Bundesfinanzhof ( German Federal
the final date set in Article 19 of Council Directive                   Finance Court) for a preliminary ruling in the proceedings
 78/686/EEC of 25 July 1978 concerning the mutual                       pending before that court between Hauptzollamt
recognition of diplomas, certificates and other evidence of             Hamburg-St. Annen and Thyssen Haniel Logistic GmbH on
the formal qualifications of practitioners of dentistry,                the interpretation of tariff headings 21.07 and 30.03 of
including measures to facilitate the effective exercise of the          the Common Customs Tariff as amended by Council