CELEX: C1995/159/20
Language: en
Date: 1995-06-24 00:00:00
Title: Action brought on 4 April 1995 by the Commission of the European Communities against the Italian Republic (Case C-116/95)

No C 159/ 10              EN                     Official Journal of the European Communities                                     24 . 6 . 95
6 . In view of the fact that it follows from the established                The applicant claims that the Court should :
     case-law of the Court of Justice that the repayment of
     duties levied in breach of Community law must have                     1 , declare that by failing to adopt by law, regulation or
     regard to the substantive and formal requirements laid                     administrative action within the prescribed time limit
     down in national legislation, and that the Court of                        the necessary provisions to comply with Council
     Justice held at paragraph 12 of its judgment in Case                       Directive 92/48/EEC of 16 June 1992 laying down the
      1 99/82 Amministrazione delle Finanze dello Stato v . San
                                                                                minimum hygiene rules applicable to fishery products
      Giorgio of 9 November 1983 ( 4 ) that entitlement to the                  caught on board certain vessels in accordance with
     repayment of charges levied by a Member State contrary                     Article 3 ( 1 ) ( a ) (i ) of Directive 91/493/EEC O , the
      to the rules of Community law is a consequence of, and                    Italian Republic has failed to fulfil its obligations under
      an adjunct to, the rights conferred on individuals by the                 the EC Treaty;
      Community provisions prohibiting charges having an
      effect equivalent to customs duties or, as the case may
      be, the discriminatory application of internal taxes, the             2 , order the Italian Republic to pay the costs .
      following question arises :
                                                                            Pleas in law and main arguments adduced in support:
      must the case-law of the Court of Justice be understood
      as meaning that Community law contains an                             The pleas in law and main arguments are the same as in Case
      unconditional obligation to repay duties which,                       C-79/95 ; the time limit for implementation expired on
      according to the replies to Questions 1 to 4 , may be                 1 January 1993 .
      contrary to Community law, but that this obligation is
      such that the detailed conditions for the actual
                                                                            (!) OJ No L 187, 7. 7. 1992 , p . 41 .
      processing of the claim for repayment are subject, within
      certain limits laid down in the case-law of the Court of
      Justice, to relevant national legislation ?
7. If it is held that the 40 % surcharge on the general goods
      duty is contrary to Community law, including
      ( free-trade ) agreements entered into, it is compatible              Action brought on 4 April 1995 by the Commission of the
      with Community law that a limitation period laid down                     European Communities against the Italian Republic
      in national law for repayment claims runs from an                                              ( Case C-117/95 )
      earlier point in time than that from which the Member
                                                                                                       ( 95/C 159/21 )
      State in question discontinued the duty which was
      contrary to Community law ?
                                                                            An action against the Italian Republic was brought before
                                                                            the Court of Justice of the European Communities on
(M   OJ No    L 172 , 22 . 7 . 1968 , p . 1 .
                                                                            4 April 1995 by the Commission of the European
(2 ) OJ No    L 256 , 7 . 9 . 1987, p . 1 .
(')  OJ No    L 378 , 31 . 12 . 1986 , p . 1 .
                                                                            Communities, represented by Eugenio de March, Legal
(4 ) [ 1983 ] ECR, p . 3595 .                                               Adviser, acting as Agent, with an address for service in
                                                                            Luxembourg at the office of Georgios Kremlis, Wagner
                                                                            Centre, Kirchberg .
                                                                            The applicant claims that the Court should :
                                                                            1 , declare that by failing to adopt by law, regulation or
                                                                                 administrative action within the prescribed time limits
                                                                                 the necessary provisions to comply with Council
                                                                                 Directive 92/35/EEC of 29 April 1992 laying down
Action brought on 4 April 1995 by the Commission of the                          control rules and measures to combat African horse
     European Communities against the Italian Republic
                                                                                 sickness (*) and Council Directive 92/40/EEC of 19 May
                             ( Case C- 1 16/95 )                                 1992 introducing Community measures for the control
                               ( 95/C 159/20 )                                   of avian influenza ( 2 ) the Italian Republic has failed to
                                                                                 fulfil its obligations under the EC Treaty;
An action against the Italian Republic was brought before                   2 , order the Italian Republic to pay the costs .
the Court of Justice of the European Communities on
4 April 1995 by the Commission of the European
Communities, represented by Eugenio de March, Legal                         Pleas in law and main arguments adduced in support:
Adviser, acting as Agent, with an address for service in
Luxembourg at the office of Georgios Kremlis, Wagner                        The pleas in law and main arguments are the same as in Case
Centre, Kirchberg .                                                         C-79/95 ; the time limits for implementation expired on