CELEX: C2001/161/08
Language: en
Date: 2001-06-02 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 January 2001 in Case C-41/98: Commission of the European Communities v Tecnologie Vetroresina SpA (TVR) (Arbitration clause — Non-performance of contract)

C 161/4                   EN                      Official Journal of the European Communities                                           2.6.2001
e Penale di Genova (District Court, Genoa), Italy, for a                     the Commission — the Court (Sixth Chamber), composed of:
preliminary ruling in the proceedings pending before that                    C. Gulmann (Rapporteur), President of the Chamber,
court between Siples Srl, in lı̀quidation, and Ministero delle               J.-P. Puissochet and R. Schintgen, Judges; D. Ruiz-Jarabo
Finanze, Servizio della Riscossione dei Tributi — Concessione                Colomer, Advocate General; H.A. Rühl, Principal Adminis-
Provincia di Genova — San Paolo Riscossioni Genova SpA —                     trator, for the Registrar, has given a judgment on 16 January
on the interpretation of Article 244 of Council Regulation                   2001, in which it:
(EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code (OJ 1992 L 302, p. 1) — the Court                     1.    Orders Tecnologie Vetroresina SpA (TVR) to pay the Com-
(Fifth Chamber), composed of: A. La Pergola, President of the                      mission of the European Communities the sum of
Chamber, M. Wathelet, D.A.O. Edward, P. Jann (Rapporteur)                          EUR 211 307 , together with interest at the agreed rate from
and L. Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate                            21 December 1991 until the debt is paid in full;
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 11 January 2001, in which it has                     2.    Dismisses the remainder of the application;
ruled:
                                                                             3.    Orders Tecnologie Vetroresina SpA (TVR) to pay the costs.
Article 244 of Council Regulation (EEC) No 2913/92 of 12 October
1992 establishing the Community Customs Code is to be interpreted
as meaning that it confers the power to suspend implementation of a          (1) OJ C 137 of 2.5.1998.
contested decision exclusively on the customs authorities. However,
that provision does not limit the power of the judicial authorities
seised of a dispute pursuant to Article 243 of that regulation to order
such suspension in order to comply with their obligation to ensure
the full effectiveness of Community law.
(1) OJ C 246, 28.8.1999.
                                                                                              JUDGMENT OF THE COURT
                                                                                                      (Sixth Chamber)
                                                                                                     of 16 January 2001
                   JUDGMENT OF THE COURT                                     in Case C-41/98: Commission of the European Communi-
                                                                                      ties v Tecnologie Vetroresina SpA (TVR) (1)
                           (Sixth Chamber)
                                                                                  (Arbitration clause — Non-performance of contract)
                          of 16 January 2001
                                                                                                       (2001/C 161/08)
in Case C-40/98: Commission of the European Communi-
          ties v Tecnologie Vetroresina SpA (TVR) (1)
                                                                                                 (Language of the case: Italian)
     (Arbitration clause — Non-performance of contract)
                            (2001/C 161/07)                                  (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
                      (Language of the case: Italian)
                                                                             In Case C-41/98: Commission of the European Communities
                                                                             (Agents: E. de March and A. Dal Ferro) v Teenologie Vetroresina
                                                                             SpA (TVR) (Agent: G. Merla) — application by the Commission
(Provisional translation; the definitive translation will be published       under Article 181 of the EC Treaty (now Article 238 EC) for
                     in the European Court Reports)                          an order requiring Tecnologie Vetroresina SpA, first, to
                                                                             reimburse an advance payment of ECU 77 558,80 made by
In Case C-40/98: Commission of the European Communities                      the Commission under Contract No BREU-0114-I(A), together
(Agents: E. de March and A. Dal Ferro) v Tecnologie Vetroresina              with interest at the agreed rate from 1 February 1990, and,
SpA (TVR) (Agent: G. Merla) — application by the Commission                  second, to pay damages of ECU 7 700 in respect of the harm
under Article 181 of the EC Treaty (now Article 238 EC)                      sustained by the Commission — the Court (Sixth Chamber),
against Tecnologie Vetroresina SpA for reimbursement of the                  composed of: C. Gulmann (Rapporteur), President of the
sum of ECU 211 307 advanced by the Commission under                          Chamber, J.-P. Puissochet and R. Schintgen, Judges; D. Ruiz-
Contract No 3440/1/0/187/91/6-BCR-I(30), together with                       Jarabo Colomer, Advocate General; H.A. Rühl, Principal
interest at the agreed rate from 21 December 1991, and                       Administrator, for the Registrar, has given a judgment on
damages of ECU 20 000 in respect of the harm sustained by                    16 January 2001, in which it:
 ---pagebreak--- 2.6.2001                 EN                     Official Journal of the European Communities                                             C 161/5
1.    Orders Vetroresina Spa (TVR) to pay the Commission of the            1.    Declares that, by applying a reduced rate of value added tax to
      European Communities the sum of EUR 77 558,80, together                    the supply of services consisting in making road infrastructure
      with interest at the agreed rate from 1 February 1990 until the            available to users on payment of a toll, the Kingdom of Spain
      debt is paid in full;                                                      has failed to fulfil its obligations under Article 12(3)(a) of the
                                                                                 Sixth Council Directive (77/388/EEC) of 17 May 1977 on
2.    Dismisses the remainder of the application;                                the harmonisation of the laws of the Member States relating to
                                                                                 turnover taxes — Common system of value added tax: uniform
3.    Dismisses Tecnologie Vetroresina SpA (TVR)’s counterclaim;                 basis of assessment, as amended by Council Directive 96/95/EC
                                                                                 of 20 December 1996;
4.    Orders Tecnologie Vetroresina SpA (M) to pay the costs.
                                                                           2.    Orders the Kingdom of Spain to pay the costs.
(1) OJ C 137 of 2.5.1998.
                                                                           (1) OJ C 160 of 5.6.1999.
                  JUDGMENT OF THE COURT
                            (Fifth Chamber)                                                  JUDGMENT OF THE COURT
                         of 18 January 2001
                                                                                                      (Sixth Chamber)
in Case C-83/99: Commission of the European Communi-
                    ties v Kingdom of Spain (1)                                                     of 18 January 2001
(Failure of a Member State to fulfil its obligations —                     in Case C-162/99: Commission of the European Communi-
Article 12(3)(a) of the Sixth VAT Directive — Application                                        ties v Italian Republic (1)
               of a reduced rate to motorway tolls)
                                                                           (Failure by a Member State to fulfil its obligations —
                            (2001/C 161/09)                                Freedom of movement for workers — Freedom of establish-
                                                                                      ment — Dentists — Residence conditions)
                    (Language of the case: Spanish)
                                                                                                       (2001/C 161/10)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                              (Language of the case: Italian)
In Case C-83/99: Commission of the European Communities
(Agents: M. Dı́az-Llanos La Roche and C. Gómez de la Cruz) v
Kingdom of Spain (Agent: S. Ortiz Vaamonde) — application                  (Provisional translation; the definitive translation will be published
for a declaration that, by applying a reduced rate of value                                    in the European Court Reports)
added tax to the supply of services consisting in making road
infrastructure available to users, the Kingdom of Spain has
failed to fulfil its obligations under Article 12 of the Sixth             In Case C-162/99: Commission of the European Communities
Council Directive (77/388/EEC) of 17 May 1977 on the                       (Agents: F.P. Ruggen Laderchi and B. Mongin) v Italian Republic
harmonisation of the laws of the Member States relating to                 (Agents: U. Leanza, assisted by F. Quadri) — application for a
turnover taxes — Common system of value added tax: uniform                 declaration that:
basis of assessment (OJ L 145, 1977, p. 1), as amended by
Council Directive 96/95/EC of 20 December 1996 (OJ L 338,                  —     by allowing Legislative Decree No 233 of the Provisional
1996, p. 89) — the Court (Fifth Chamber), composed of: A. La                     Head of State of 13 September 1946, despite amendment
Pergola (Rapporteur), President of the Chamber, M. Wathelet,                     by Article 9 of Law No 362 of 8 November 1991, to
D.A.O. Edward, P. Jann and L. Sevón, Judges; S. Alber,                          remain in force in such a way as to leave dentists
Advocate General; R. Grass, Registrar, has given a judgment                      practising in Italy still subject to a de facto residence
on 18 January 2001, in which it:                                                 requirement,