CELEX: C1999/352/09
Language: en
Date: 1999-12-04 00:00:00
Title: Judgment of the Court (Third Chamber) of 9 September 1999 in Case C-64/98 P: Odette Nicos Petrides Co. Inc. v Commission of the European Communities (Appeal - Action for compensation - Common organisation of the market in raw tobacco - Commission decisions rejecting bids in tendering procedures in respect of tobacco held by intervention agencies - Inadequate statement of reasons, principles of proportionality, equal treatment and the right to a fair hearing)

4.12.1999                 EN                     Official Journal of the European Communities                                             C 352/5
1. Where a Member State has not transposed Council Directive                17 December 1997 in Case T-152/95 Petrides v Commission
     85/73/EEC of 29 January 1985 on the financing of health                [1997] ECR II-2427, seeking to have that judgment set aside,
     inspections and controls of fresh meat and poultrymeat, as             the other party to the proceedings being Commission of the
     amended by Council Directive 93/118/EC of 22 December                  European Communities (Agent: Gérard Berscheid) — the Court
     1993, into national law within the period prescribed, individuals      (Third Chamber), composed of: J.-P. Puissochet, President of
     cannot oppose the collection of fees higher than the levers of the     the Chamber, J.C. Moitinho de Almeida (Rapporteur) and
     standard amounts fixed in point 1 of Chapter I of the Annex to         C. Gulmann, Judges; D. Ruiz-Jarabo Colomer, Advocate Gen-
     the Directive, where those fees do not exceed the actual costs.        eral; R. Grass, Registrar, has given a judgment on 9 September
                                                                            1999, in which it:
2. A Member State may exercise the option available under
     point 4(b) of Chapter I of the Annex to Directive 85/73, as            1. Dismisses the appeal;
     amended by Directive 93/118, of collecting a special fee
                                                                            2. Orders Odette Nicos Petrides Co. Inc. to pay the costs.
     exceeding the level of the standard fees fixed in point 1 of
     Chapter I, provided only that the special fee does not exceed the
     actual costs incurred, no further conditions being imposed.            (1) OJ C 151 of 16.5.1998.
3. In cases where a Member State has delegated to local authorities
     the collection of fees relating to health inspections and controls
     of fresh meat, Article 2(3) of Directive 85/73, as amended by
     Directive 93/118, authorises it to collect an amount higher than
     Community fee levels so long as it does not exceed the actual                           JUDGMENT OF THE COURT
     costs of inspection incurred by the competent local authority.
                                                                                                      (Fifth Chamber)
( 1) OJ C 387 of 20.12.1997. OJ C 7 of 10.1.1998.
                                                                                                  of 9 September 1999
                                                                            in Case C-108/98 (reference for a preliminary ruling from
                                                                            the Tribunale Amministrativo Regionale della Campania):
                                                                            RI.SAN Srl v Comune di Ischia, Italia Lavoro SpA,
                                                                                    formerly GEPI SpA, Ischia Ambiente SpA (1)
                                                                            (Freedom of establishment — Freedom to provide services —
                  JUDGMENT OF THE COURT                                             Organisation of urban waste collection service)
                           (Third Chamber)                                                            (1999/C 352/10)
                        of 9 September 1999                                                     (Language of the case: Italian)
in Case C-64/98 P: Odette Nicos Petrides Co. Inc. v                         (Provisional translation; the definitive translation will be published
        Commission of the European Communities (1)                                             in the European Court Reports)
(Appeal — Action for compensation — Common organis-                         In Case C-108/98: reference to the Court under Article 177 of
ation of the market in raw tobacco — Commission decisions                   the EC Treaty (now Article 234 EC) from the Tribunale
rejecting bids in tendering procedures in respect of tobacco                Amministrativo Regionale della Campania, Italy, for a prelimi-
held by intervention agencies — Inadequate statement of                     nary ruling in the proceedings pending before that court
reasons, principles of proportionality, equal treatment and                 between RI.SAN Srl and Comune di Ischia, Italia Lavoro
                      the right to a fair hearing)                          SpA, formerly GEPI SpA, Ischia Ambiente SpA — on the
                                                                            interpretation of Articles 55 and 90(2) of the EC Treaty (now
                                                                            Articles 45 EC and 86(2) EC) — the Court (Fifth Chamber),
                            (1999/C 352/09)                                 composed of: J.-P. Puissochet, President of the Chamber,
                                                                            P. Jann (Rapporteur), C. Gulmann, D.A.O. Edward and L. Se-
                                                                            vón, Judges; S. Alber, Advocate General; H. von Holstein,
                      (Language of the case: French)                        Deputy Registrar, for the Registrar, has given a judgment on
                                                                            9 September 1999, in which it has ruled:
(Provisional translation; the definitive translation will be published      Article 55 of the EC Treaty (now Article 45 EC) does not apply in a
                     in the European Court Reports)                         situation such as that in the main proceedings in which all the facts
                                                                            are confined to within a single Member State and which does not
                                                                            therefore have any connecting link with one of the situations envisaged
In Case C-64/98 P: Odette Nicos Petrides Co. Inc., established              by Community law in the area of the freedom of movement for
in Kavala (Greece), represented by Nikolaos Vassilakakis,                   persons and freedom to provide services.
Evangelos Vassilakakis, of the Thessaloniki Bar, and Evangelia
Pallioudi, of the Kavala Bar, with an address for service in
Luxembourg at the Chambers of Carlos Zeyen, 67 Rue                          (1) OJ C 209 of 4.7.1998.
Ermesinde — appeal against the judgment of the Court of First
Instance of the European Communities (Fourth Chamber) of