CELEX: C2001/028/14
Language: en
Date: 2001-01-27 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 November 2000 in Case C-214/98: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil its obligations — Failure to transpose certain provisions of Directive 93/118/EC)

C 28/8                   EN                       Official Journal of the European Communities                                          27.1.2001
Article 19 of the Sixth Council Directive 77/388/EEC of 17 May               —     by fixing the amounts of the fees to be charged for health
1977 on the harmonisation of the laws of the Member States                         checks on the slaughter of animals and of those connected
relating to turnover taxes Common system of value added tax:                       with cutting operations of fresh meat at 50 % of the
uniform basis of assessment is to be interpreted as meaning that the               standard Community rates, without giving reasons for
following must be excluded from the denominator of the fraction used               that reduction in accordance with the requirements of
to calculate the deductible proportions:                                           Chapter I of the annex to Directive 93/118, and
—     share dividends paid by its subsidiaries to a holding company
      which is a taxable person in respect of other activities and which     —     by exempting poultrymeat from the fee for the cutting of
      supplies management services to those subsidiaries, and                      fresh meat,
—     interest paid by the subsidiaries to the holding company on
      loans it has made to them, where the loan transactions do not          the Hellenic Republic has failed to fulfil its obligations under
      constitute, for the purposes of Article 4(2) of the Sixth Directive,   the EC Treaty and the said directive, in particular points 1, 2
      an economic activity of the holding company.                           and 5 of Chapter I of the annex thereto — the Court
                                                                             (Sixth Chamber), composed of: C. Gulmann, President of the
                                                                             Chamber, V. Skouris, J.-P. Puissochet, R. Schintgen (Rappor-
                                                                             teur) and F. Macken, Judges; J. Mischo, Advocate General;
(1) OJ C 204 of 17.7.1999.                                                   R. Grass, Registrar, has given a judgment on 16 November
                                                                             2000, in which it:
                                                                             1.    Declares that,
                                                                                   —     by failing to mention, among the meat to which the fees
                                                                                         fixed by Council Directive 93/118/EEC of 22 December
                  JUDGMENT OF THE COURT                                                  1993 amending Directive 85/73/EEC on the financing
                                                                                         of health inspections and controls of fresh meat and
                           (Sixth Chamber)                                               poultrymeat apply, the category corresponding to soli-
                                                                                         peds/equidae, and
                        of 16 November 2000
                                                                                   —     by not explicitly mentioning poultrymeat for the purposes
in Case C-214/98: Commission of the European Communi-                                    of the application of the fee for the cutting of fresh meat
                     ties v Hellenic Republic (1)                                        fixed by that directive,
(Failure of a Member State to fulfil its obligations — Failure
   to transpose certain provisions of Directive 93/118/EC)                         the Hellenic Republic has failed to fulfil its obligations under
                                                                                   the provisions of the first and third subparagraphs of Article
                                                                                   3(1) of Directive 93/118 and points (b) and (e) of the first
                            (2001/C 28/14)                                         indent of point 1 and point (a) of the first indent of point 2 of
                                                                                   the annex thereto, taken together;
                      (Language of the case: Greek)
                                                                             2.    Dismisses the remainder of the application;
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                           3.    Orders the Commission of the European Communities and the
                                                                                   Hellenic Republic to bear their own costs.
In Case C-214/98: Commission of the European Communities
(Agents: M. Condou-Durande) v Hellenic Republic (Agents: I.K.
Chalkias and N. Dafniou) — application for a declaration that,
                                                                             (1) OJ C 258 of 15.8.1998.
—     by failing to mention, among the meat to which the fees
      fixed by Council Directive 93/118/EEC of 22 December
      1993 amending Directive 85/73/EEC on the financing
      of health inspections and controls of fresh meat and
      poultrymeat (OJ 1993 L 340 p. 15) apply, the category
      corresponding to solipeds/equidae,