CELEX: C2000/302/08
Language: en
Date: 2000-10-21 00:00:00
Title: Judgment of the Court (First Chamber) of 29 June 2000 in Case C-455/98 (reference for a preliminary ruling from the Tampereen Käräjäoikeus): Tullihallitus v Kaupo Salumets and Others (Tax provisions — Harmonisation of laws — Turnover taxes — Common system of value added tax — Sixth Directive — Tax on importation — Scope — Contraband importation of ethyl alcohol)

C 302/4                 EN                      Official Journal of the European Communities                                           21.10.2000
9 July 1997 on measures taken by Portugal to assist EPAC —                 ation of Council Directive 93/13/EEC of 5 April 1993 on
Empresa Para a Agroalimentação e Cereais, SA (OJ 1997                     unfair terms in consumer contracts (OJ 1993 L 95, p. 29) —
L 311, p. 25) — the Court, composed of: G.C. Rodrı́guez                    the Court, composed of: G.C. Rodriguez Iglesias, President,
Iglesias, President, J.C. Moitinho de Almeida, D.A.O. Edward,              L. Sevón (President of Chamber), P.J.G. Kapteyn, C. Gulmann,
L. Sevón (Rapporteur) and R. Schintgen (Presidents of Cham-               J.-P. Puissochet, G. Hirsch, P. Jann (Rapporteur), H. Ragne-
bers), P.J.G. Kapteyn, C. Gulmann, P. Jann, H. Ragnemalm,                  malm, M. Wathelet, V. Skouris and F. Macken, Judges; A. Sag-
M. Wathelet and V. Skouris, Judges; D. Ruiz-Jarabo Colomer,                gio, Advocate General; H.A. Rühl, Principal Administrator, for
Advocate General; H. von Holstein, Deputy Registrar, has                   the Registrar, has given a judgment on 27 June 2000, in which
given a judgment on 27 June 2000, in which it:                             it held that:
1.    Declares that, by failing to comply with Commission Decision         1.     The protection provided for consumers by Council Directive
      97/762/EC of 9 July 1997 on measures taken by Portugal to                   93/13/EEC of 5 April 1993 on unfair terms in consumer
      assist EPAC — Empresa Para a Agroalimentação e Cereais,                    contracts entails the national court being able to determine of
      SA, the Portuguese Republic has failed to fulfil its obligations            its own motion whether a term of a contract before it is unfair
      under the Treaty;                                                           when making its preliminary assessment as to whether a claim
                                                                                  should be allowed to proceed before the national courts.
2.    Orders the Portuguese Republic to pay the costs.
                                                                           2.     The national court is obliged, when it applies national law
                                                                                  provisions predating or postdating the said Directive, to
(1) OJ C 41 of 7.2.1998.                                                          interpret those provisions, so far as possible, in the light of the
                                                                                  wording and purpose of the Directive. The requirement for an
                                                                                  interpretation in conformity with the Directive requires the
                                                                                  national court, in particular, to favour the interpretation that
                                                                                  would allow it to decline of its own motion the jurisdiction
                                                                                  conferred on it by virtue of an unfair term.
                                                                           (1) OJ C 278 of 5.9.1998.
                 JUDGMENT OF THE COURT
                          of 27 June 2000
in Joined Cases C-240/98 to C-244/98 (reference for a
preliminary ruling from the Juzgado de Primera Instancia
No 35 de Barcelona): Océano Grupo Editorial SA v Rocı́o
Murciano Quintero (C240/98) and Salvat Editores SA v                                          JUDGMENT OF THE COURT
José M. Sánchez Alcón Prades (C-241/98), José Luis
Copano Badillo (C-242/98), Mohammed Berroane                                                           (First Chamber)
      (C-243/98) and Emilio Viñas Feliú (C-244/98) (1)
                                                                                                       of 29 June 2000
(Directive 93/13/EEC — Unfair terms in consumer contracts
— Jurisdiction clause — Power of the national court to
   examine of its own motion whether that clause is unfair)                in Case C-455/98 (reference for a preliminary ruling
                                                                           from the Tampereen Käräjäoikeus): Tullihallitus v Kaupo
                                                                                                  Salumets and Others (1)
                          (2000/C 302/07)
                                                                           (Tax provisions — Harmonisation of laws — Turnover taxes
                                                                           — Common system of value added tax — Sixth Directive —
                   (Language of the case: Spanish)                         Tax on importation — Scope — Contraband importation of
                                                                                                         ethyl alcohol)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                                      (2000/C 302/08)
In Joined Cases C-240/98 to C-244/98: reference to the Court                                    (Language of the case: Finnish)
under Article 177 of the EC Treaty (now Article 234 EC) by
the Juzgado de Primera Instancia (Court of First Instance) No
35 de Barcelona, Spain, for a preliminary ruling in the
                                                                           (Provisional translation; the definitive translation will be published
proceedings pending before that court between Océano Grupo
                                                                                                in the European Court Reports)
Editorial SA v Rocı́o Murciano Quintero (C-240/98) and Salvat
Editores SA v José M. Sánchez Alcón Prades (C-241/98), José
Luis Copano Badillo (C-242/98), Mohammed Berroane                          In Case C-455/98: reference to the Court under Article 177 of
(C-243/98) and Emilio Viñas Feliú (C-244/98), on the interpret-          the EC Treaty (now Article 234 EC) from the Tampereen
 ---pagebreak--- 21.10.2000               EN                     Official Journal of the European Communities                                            C 302/5
Käräjäoikeus, Finland, for a preliminary ruling in the proceed-            in Turin (Italy), represented by J.-N. Louis, F. Parmentier and
ings pending before that court between Tullihallitus and Kaupo             V. Peere, of the Brussels Bar, with an address for service in
Salumets and Others — on the interpretation of the Sixth                   Luxembourg at Société de Gestion Fiduciaire, Boîte Postale 585
Council Directive 77/388/EEC of 17 May 1977 on the har-                    — appeal against the order of the Court of First Instance of
monisation of the laws of the Member States relating to                    the European Communities (Second Chamber) of 9 February
turnover taxes — Common system of value added tax: uniform                 1999 in Case T-124/98 Politi v European Training Foundation
basis of assessment (OJ 1977 L 145, p. 1), Council Directive               [1999] ECR-SC I-A-9 and II-29, seeking to have that order set
92/12/EEC of 25 February 1992 on the general arrangements                  aside, the other party to the proceedings being: European
for products subject to excise duty and on the holding,                    Training Foundation, represented by B. Wägenbaur, Rechtsan-
movement and monitoring of such products (OJ 1992 L 76,                    walt, Hamburg, with an address for service in Luxembourg at
p. 1), Council Directive 92/83/EEC of 19 October 1992 on the               the office of C. Gómez de la Cruz, of the Legal Service of the
harmonisation of the structures of excise duties on alcohol                Commission of the European Communities, Wagner Centre,
and alcoholic beverages (OJ 1992 L 316, p. 21) and Council                 Kirchberg — the Court (Fifth Chamber), composed of:
Regulation (EEC) No 2913/92 of 12 October 1992 estab-                      D.A.O. Edward, President of the Chamber, P.J.G. Kapteyn,
lishing the Community Customs Code (OJ 1992 L 302, p. 1)                   A. La Pergola, H. Ragnemalm and M. Wathelet (Rapporteur),
— the Court (First Chamber), composed of: L. Sevón, President             Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has
of the Chamber, P. Jann (Rapporteur) and M. Wathelet, Judges;              given a judgment on 29 June 2000, in which it:
M. Saggio, Advocate General; H.A. Rühl, Principal Adminis-
trator, for the Registrar, has given a judgment on 29 June                 1.    Dismisses the appeal;
2000, in which it has ruled:
Sixth Council Directive 77/388/EEC of 17 May 1977 on the                   2.    Orders Mr Politi to pay the costs.
harmonisation of the laws of the Member States relating to turnover
taxes — Common system of value added tax: uniform basis of
assessment, Council Directive 92/12/EEC of 25 February 1992 on             (1) OJ C 246 of 28.8.1999.
the general arrangements for products subject to excise duty and on
the holding, movement and monitoring of such products, Council
Directive 92/83/EEC of 19 October 1992 on the harmonisation of
the structures of excise duties on alcohol and alcoholic beverages and
Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code must be interpreted as
meaning that their provisions on liability to tax and tax debts apply
also to contraband importation into Community customs territory of
ethyl alcohol from non-member countries.
                                                                                            JUDGMENT OF THE COURT
(1) OJ C 71 of 13.3.1999.
                                                                                                      of 4 July 2000
                                                                           in Case C-387/97: Commission of the European Communi-
                  JUDGMENT OF THE COURT                                                       ties v Hellenic Republic (1)
                           (Fifth Chamber)
                                                                           (Failure of a Member State to fulfil its obligations —
                           of 29 June 2000                                 Judgment of the Court establishing such failure — Non-
                                                                           compliance — Article 171 of the EC Treaty (now Article
in Case C-154/99 P: Corrado Politi v European Training                     228 EC) — Financial penalties — Periodic penalty payment
                            Foundation (1)                                      — Waste Directives 75/442/EEC and 78/319/EEC)
(Appeal — Temporary staff — Time-limit for lodging
                                                                                                     (2000/C 302/10)
complaint — Time-limit for initiating proceedings — Error
                in classification — Admissibility)
                           (2000/C 302/09)                                                     (Language of the case: Greek)
                     (Language of the case: French)
                                                                           (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                        in the European Court Reports)
                    in the European Court Reports)
In Case C-154/99 P: Corrado Politia former member of the                   In Case C-387/97: Commission of the European Communities
temporary staff of the European Training Foundation, residing              (Agent: M. Condou-Durande), supported by United Kingdom