CELEX: C1999/226/04
Language: en
Date: 1999-08-07 00:00:00
Title: Judgment of the Court (Third Chamber) of 10 June 1999 in Case C-334/97: Commission of the European Communities v Comune di Montorio al Vomano (Article 238 EC (ex Article 181) - Arbitration clause - Non-performance of two contracts)

7.8.1999                EN                      Official Journal of the European Communities                                            C 226/3
2. Dismisses the remainder of the application;                                 — the sum of ITL 246 000 000, together with interest at the
                                                                                    rate of 14.2 % calculated from 1 December 1986 until the
                                                                                    day on which repayment is fully effected;
3. Orders SIVU du plan d’eau de la Vallée du Lot, otherwise
     known as SIVU du pays d’accueil de la Vallée du Lot, and
                                                                               — the sum of ITL 49 200 000, together with interest at the
     Hydro-Réalisations SARL jointly and severally to pay the costs.
                                                                                    rate of 14.2 % calculated from 1 March 1988 until the day
                                                                                    on which repayment is fully effected;
(1) OJ C 199 of 28.6.1997.                                                     — the sum of ITL 110 800 000, together with interest at the
                                                                                    rate of 14.2 % calculated from 1 June 1988 until the day
                                                                                    on which repayment is fully effected;
                                                                               — the sum of ITL 49 200 000, together with interest at the
                                                                                    rate of 14.2 % calculated from 1 August 1988 until the
                                                                                    day on which repayment is fully effected;
                                                                               — the sum of ITL 158 400 000, together with interest at the
                                                                                    rate of 14.2 % calculated from 1 November 1986 until the
                                                                                    day on which repayment is fully effected;
                 JUDGMENT OF THE COURT
                                                                           2. Dismisses the remainder of the action;
                         (Third Chamber)                                   3. Orders Comune di Montorio al Vomano to pay the costs.
                          of 10 June 1999                                  (1) OJ C 357 of 22.11.1997.
in Case C-334/97: Commission of the European Communi-
          ties v Comune di Montorio al Vomano(1)
(Article 238 EC (ex Article 181) — Arbitration clause —                                      JUDGMENT OF THE COURT
               Non-performance of two contracts)
                                                                                                      (Fifth Chamber)
                          (1999/C 226/04)
                                                                                                      of 10 June 1999
                                                                           in Case C-346/97 (reference for a preliminary ruling from
                    (Language of the case: Italian)                        the Länsrätten i Dalarnas län): Braathens Sverige AB,
                                                                             formerly Transwede Airways AB v Riksskatteverket (1)
(Provisional translation; the definitive translation will be published     (Directive 92/81/EEC — Harmonisation of the structures of
                   in the European Court Reports)                          excise duties on mineral oils — Mineral oils supplied for use
                                                                           as aviation fuel for purposes other than private pleasure
                                                                                   flying — Exemption from the harmonised duty)
In Case C-334/97: Commission of the European Communities
(Agent: Paolo Stancanelli assisted by Alberto Dal Ferro) v                                            (1999/C 226/05)
Comune di Montorio al Vomano acting through its legal
representative for the time being, represented by Paolo Scar-
pantoni, of the Teramo Bar — application under Article 238                                    (Language of the case: Swedish)
EC (ex Article 181) for an order requiring the defendant. first,
to reimburse advance payments made by the Commission to
the defendant in connection with two contracts for the                     (Provisional translation; the definitive translation will be published
completion of a demonstration project relating to the exploi-                                  in the European Court Reports)
tation of alternative energy sources and, second, to pay the
Commission damages by way of compensation for the damage
suffered — the Court (Third Chamber), composed of:                         In Case C-346/97: Reference to the Court under Article 234
J.-P. Puissochet, President of the Chamber, J.C. Moitinho de               EC (ex Article 177 of the EC Treaty) by the Länsrätten i
Almeida and C. Gulmann (Rapporteur), Judges; N. Fennelly,                  Dalarnas län for a preliminary ruling in the proceedings
Advocate General; R. Grass, Registrar, has given a judgment                pending before that court between Braathens Sverige AB,
on 10 June 1999, in which it:                                              formerly Transwede Airways AB and Riksskatteverket — on
                                                                           the interpretation of Article 8(1) of Council Directive
                                                                           92/81/EEC of 19 October 1992 on the harmonisation of the
1. Orders Comune di Montorio al Vomano to pay to the Com-                  structures of excise duties on mineral oils (OJ 1992 L 316,
     mission, under Contracts Nos WE 147/85 and HY 149/85:                 p. 12) — the Court (Fifth Chamber), composed of: P. Jann