CELEX: C1998/278/02
Language: en
Date: 1998-09-05 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 18 June 1998 in Case C-43/96: Commission of the European Communities v. French Republic (Failure to fulfil obligations - Sixth Council Directive 77/388/EEC - Article 17(2) and (6) - Right to deduct VAT - Exclusions provided for by national rules predating the Sixth Directive)

5.9.98                EN                 Official Journal of the European Communities                                       C 278/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
               JUDGMENT OF THE COURT                                      of undertakings contrary to Article 85 of the EC
                       (Fifth Chamber)                                    Treaty, consisting of setting a compulsory tariff for all
                                                                          customs agents, the Italian Republic has failed to fulfil
                       of 18 June 1998                                    its obligations under Articles 5 and 85 of the Treaty;
in    Case   C-35/96: Commission of the             European
             Communities v. Italian Republic (1)
                                                                     2. orders the Italian Republic to pay the costs.
(Action for failure to fulfil obligations Ð Agreements,
decisions and concerted practices Ð Fixing of business               (1) OJ C 95, 30.3.1996.
tariffs Ð Customs agents Ð Legislation reinforcing the
                   effects of an agreement)
                        (98/C 278/01)
                (Language of the case: Italian)
                                                                                    JUDGMENT OF THE COURT
                                                                                             (Sixth Chamber)
 (Provisional translation; the definitive translation will be
          published in the European Court Reports)                                           of 18 June 1998
                                                                     in    Case    C-43/96: Commission of the             European
In Case C-35/96: Commission of the European                                        Communities v. French Republic (1)
Communities (Agent: Enrico Traversa) v. Italian Republic
                                                                     (Failure to fulfil obligations Ð Sixth Council Directive
(Agent: Umberto Leanza, assisted by Pier Giorgio Ferri) Ð
                                                                     77/388/EEC Ð Article 17(2) and (6) Ð Right to deduct
application for a delcaration that, by adopting and
                                                                     VAT Ð Exclusions provided for by national rules
maintaining in force a law which, in granting the relative
                                                                                       predating the Sixth Directive)
decision-making power, requires the Consiglio Nazionale
degli Spedizionieri Doganali (National Council of                                              (98/C 278/02)
Customs Agents) to adopt a decision by an association of
undertakings contrary to Article 85 of the EC Treaty in
that it sets a compulsory tariff for all customs agents, the                          (Language of the case: French)
Italian Republic has failed to fulfil its obligations under
Articles 5 and 85 of the Treaty Ð the Court (Fifth
Chamber), composed of: C. Gulmann, President of the
Chamber, M. Wathelet (Rapporteur), J. C. Moitinho de                   (Provisional translation; the definitive translation will be
Almeida, P. Jann and L. Sevón, Judges: G. Cosmas,                              published in the European Court Reports)
Advocate-General; R. Grass, Registrar, has given a
judgment on 18 June 1998, in which it:
                                                                     In Case C-43/96: Commission of the European
                                                                     Communities (Agents: H. Michard and E. Traversa) v.
1. declares that, by adopting and maintaining in force a             French Republic (Agents: C. de Salins, assisted by G.
     law which, in granting the relative decision-making             Mignot), supported by United Kingdom of Great Britain
     power, requires the National Council of Customs                 and Northern Ireland (Agent: S. Ridley) Ð application for
     Agents (Consiglio Nazionale degli Spedizionieri Doga-           a declaration that, by maintaining in force legislation
     nali Ð CNSD) to adopt a decision by an association              which denies taxable persons the right to deduct value
 ---pagebreak--- C 278/2               EN                  Official Journal of the European Communities                                       5.9.98
added tax on means of transport which constitute the very            5.7.1985, p. 40) Ð the Court (Sixth Chamber), composed
tool of their trade, the French Republic has failed to fulfil        of: H. Ragnemalm, President of the Chamber, G. F.
its obligations under the Sixth Council Directive 77/388/            Mancini, P. J. G. Kapteyn, J. L. Murray and K. M.
EEC of 17 May 1977 on the harmonisation of the laws of               Ioannou (Rapporteur), Judges; J. Mischo, Advocate-
the Member States relating to turnover taxes Ð Common                General; H. A. Rühl, Principal Administrator, for the
system of value added tax: uniform basis of assessment               Registrar, has given a judgment on 18 June 1998, in which
(OJ L 145, 13.6.1977, p. 1), and in particular Article 17(2)         it has ruled:
thereof Ð the Court (Sixth Chamber), composed of: R.
Schintgen, President of the Second Chamber, acting for the
President of the Sixth Chamber, G. F. Mancini, P. J. G.              Council Directive 85/337/EEC of 27 June 1985 on the
Kapteyn, J. L. Murray and G. Hirsch (Rapporteur),                    assessment of the effects of certain public and private
Judges; F. G. Jacobs, Advocate-General; D. Louterman-                projects on the environment is to be interpreted as not
Hubeau, Principal Administrator, for the Registrar, has              permitting Member States to waive the obligations
given a judgment on 18 June 1998, in which it:                       regarding environmental assessments in the case of
                                                                     projects listed in Annex I of the Directive where:
1. dismisses the application;                                        Ð the projects have already been the subject of a consent
                                                                          granted prior to 3 July 1988, the date by which the
                                                                          Directive was to have been transposed into national
2. order the Commission of the European Communities                       law,
     to pay the costs;
                                                                     Ð the consent was not preceded by an environmental
                                                                          assessment in accordance with the requirements of the
3. orders the United Kingdom of Great Britain and
                                                                          Directive and no use was made of it, and
     Northern Ireland to bear its own costs.
                                                                     Ð a fresh consent procedure was formally initiated after
(1) OJ C 95, 30.3.1996.
                                                                          3 July 1988.
                                                                     (1) OJ C 133, 4.5.1996.
              JUDGMENT OF THE COURT
                       (Sixth Chamber)
                                                                                     JUDGMENT OF THE COURT
                        of 18 June 1998
                                                                                             (Fifth Chamber)
in Case C-81/96 (reference for a preliminary ruling from                                     of 18 June 1998
the Nederlandse Raad van State): Burgemeester en wet-
houders van Haarlemmerliede en Spaarnwoude and                       in Case C-266/96 (reference for a preliminary ruling from
    Others v. Gedeputeerde Staten van Noord-Holland (1)              the Tribunale di Genova): Corsica Ferries France SA v.
                                                                     Gruppo Antichi Ormeggiatori del Porto di Genova Coop.
(Council Directive 85/337/EEC Ð New consent for a                    arl, Gruppo Ormeggiatori del Golfo di La Spezia Coop.
                          zoning plan)                                     arl, Ministero dei Trasporti e della Navigazione (1)
                         (98/C 278/03)                               (Freedom to provide services Ð Maritime transport Ð
                                                                     Undertakings holding exclusive rights Ð Mooring services
                                                                     for vessels in ports Ð Compliance with the competition
                (Language of the case: Dutch)                                                rules Ð Tariffs)
                                                                                              (98/C 278/04)
  (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
In Case C-81/96: reference to the Court under Article 177                       published in the European Court Reports)
of the EC Treaty from the Nederlandse Raad van State
(Netherlands), for a preliminary ruling in the proceedings
pending before that court between Burgemeester en                    In Case C-266/96: reference to the Court under Article 177
wethouders van Haarlemmerliede en Spaarnwoude and                    of the EC Treaty from the Tribunale di Genova (District
Others and Gedeputeerde Staten van Noord-Holland Ð                   Court, Genoa) (Italy), for a preliminary ruling in the
on the interpretation of Council Directive 85/337/EEC of             proceedings pending before that court between Corsica
27 June 1985 on the assessment of the effects of certain             Ferries France SA and Gruppo Antichi Ormeggiatori del
public and private projects on the environment (OJ L 175,            Porto di Genova Coop. arl., Gruppo Ormeggiatori del