CELEX: C2000/302/10
Language: en
Date: 2000-10-21 00:00:00
Title: Judgment of the Court of 4 July 2000 in Case C-387/97: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil its obligations — Judgment of the Court establishing such failure — Non-compliance — Article 171 of the EC Treaty (now Article 228 EC) — Financial penalties — Periodic penalty payment — Waste Directives 75/442/EEC and 78/319/EEC)

21.10.2000               EN                     Official Journal of the European Communities                                            C 302/5
Käräjäoikeus, Finland, for a preliminary ruling in the proceed-            in Turin (Italy), represented by J.-N. Louis, F. Parmentier and
ings pending before that court between Tullihallitus and Kaupo             V. Peere, of the Brussels Bar, with an address for service in
Salumets and Others — on the interpretation of the Sixth                   Luxembourg at Société de Gestion Fiduciaire, Boîte Postale 585
Council Directive 77/388/EEC of 17 May 1977 on the har-                    — appeal against the order of the Court of First Instance of
monisation of the laws of the Member States relating to                    the European Communities (Second Chamber) of 9 February
turnover taxes — Common system of value added tax: uniform                 1999 in Case T-124/98 Politi v European Training Foundation
basis of assessment (OJ 1977 L 145, p. 1), Council Directive               [1999] ECR-SC I-A-9 and II-29, seeking to have that order set
92/12/EEC of 25 February 1992 on the general arrangements                  aside, the other party to the proceedings being: European
for products subject to excise duty and on the holding,                    Training Foundation, represented by B. Wägenbaur, Rechtsan-
movement and monitoring of such products (OJ 1992 L 76,                    walt, Hamburg, with an address for service in Luxembourg at
p. 1), Council Directive 92/83/EEC of 19 October 1992 on the               the office of C. Gómez de la Cruz, of the Legal Service of the
harmonisation of the structures of excise duties on alcohol                Commission of the European Communities, Wagner Centre,
and alcoholic beverages (OJ 1992 L 316, p. 21) and Council                 Kirchberg — the Court (Fifth Chamber), composed of:
Regulation (EEC) No 2913/92 of 12 October 1992 estab-                      D.A.O. Edward, President of the Chamber, P.J.G. Kapteyn,
lishing the Community Customs Code (OJ 1992 L 302, p. 1)                   A. La Pergola, H. Ragnemalm and M. Wathelet (Rapporteur),
— the Court (First Chamber), composed of: L. Sevón, President             Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has
of the Chamber, P. Jann (Rapporteur) and M. Wathelet, Judges;              given a judgment on 29 June 2000, in which it:
M. Saggio, Advocate General; H.A. Rühl, Principal Adminis-
trator, for the Registrar, has given a judgment on 29 June                 1.    Dismisses the appeal;
2000, in which it has ruled:
Sixth Council Directive 77/388/EEC of 17 May 1977 on the                   2.    Orders Mr Politi to pay the costs.
harmonisation of the laws of the Member States relating to turnover
taxes — Common system of value added tax: uniform basis of
assessment, Council Directive 92/12/EEC of 25 February 1992 on             (1) OJ C 246 of 28.8.1999.
the general arrangements for products subject to excise duty and on
the holding, movement and monitoring of such products, Council
Directive 92/83/EEC of 19 October 1992 on the harmonisation of
the structures of excise duties on alcohol and alcoholic beverages and
Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code must be interpreted as
meaning that their provisions on liability to tax and tax debts apply
also to contraband importation into Community customs territory of
ethyl alcohol from non-member countries.
                                                                                            JUDGMENT OF THE COURT
(1) OJ C 71 of 13.3.1999.
                                                                                                      of 4 July 2000
                                                                           in Case C-387/97: Commission of the European Communi-
                  JUDGMENT OF THE COURT                                                       ties v Hellenic Republic (1)
                           (Fifth Chamber)
                                                                           (Failure of a Member State to fulfil its obligations —
                           of 29 June 2000                                 Judgment of the Court establishing such failure — Non-
                                                                           compliance — Article 171 of the EC Treaty (now Article
in Case C-154/99 P: Corrado Politi v European Training                     228 EC) — Financial penalties — Periodic penalty payment
                            Foundation (1)                                      — Waste Directives 75/442/EEC and 78/319/EEC)
(Appeal — Temporary staff — Time-limit for lodging
                                                                                                     (2000/C 302/10)
complaint — Time-limit for initiating proceedings — Error
                in classification — Admissibility)
                           (2000/C 302/09)                                                     (Language of the case: Greek)
                     (Language of the case: French)
                                                                           (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                        in the European Court Reports)
                    in the European Court Reports)
In Case C-154/99 P: Corrado Politia former member of the                   In Case C-387/97: Commission of the European Communities
temporary staff of the European Training Foundation, residing              (Agent: M. Condou-Durande), supported by United Kingdom
 ---pagebreak--- C 302/6                  EN                    Official Journal of the European Communities                                        21.10.2000
of Great Britain and Northern Ireland (Agent: J.E. Collins)                                JUDGMENT OF THE COURT
v Hellenic Republic (Agents: A. Samoni-Rantou and E.-M.
Mamouna and G. Karipsiadis) — application for a declaration
that, by failing to take the necessary measures to comply with                                       of 4 July 2000
the judgment of the Court of 7 April 1992 in Case C-45/91
Commission v Greece [1992] ECR I-2509 and, in particular,
by still not having drawn up or implemented the plans                     in Case C-424/97 (reference for a preliminary ruling
necessary for the disposal of waste and toxic and dangerous               from the Landgericht Düsseldorf): Salomone Haim v
waste from the area concerned without endangering human                          Kassenzahnärztliche Vereinigung Nordrhein (1)
health and without harming the environment, the Hellenic
Republic has failed to fulfil its obligations under Article 171           (Member State liability in the event of a breach of Com-
of the EC Treaty (now Article 228 EC), and for an order                   munity law — Breaches attributable to a public-law body of
requiring the Hellenic Republic to pay to the Commission,                 a Member State — Conditions for the liability of the Member
into the account ‘EC own resources’, a daily penalty payment              State and of a public-law body of that State — Compatibility
of ECU 24 600 for each day of delay in implementing the                    of a language requirement with freedom of establishment)
measures necessary to comply with the judgment in Case
C-45/91, from notification of the present judgment — the
Court, composed of: G.C. Rodrı́guez Iglesias, President,                                            (2000/C 302/11)
J.C. Moitinho de Almeida, D.A.O. Edward, L. Sevón, R. Schint-
gen (Presidents of Chambers), P.J.G. Kapteyn, C. Gulmann,
J.-P. Puissochet, G. Hirsch, P. Jann, H. Ragnemalm (Rappor-
teur), M. Wathelet and V. Skouris, Judges; D. Ruiz-Jarabo                                    (Language of the case: German)
Colomer, Advocate General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 4 July 2000, in which it:
                                                                          (Provisional translation; the definitive translation will be published
1.    Declares that, by failing to take the measures necessary to                            in the European Court Reports)
      ensure that waste is disposed of in the area of Chania
      without endangering human health and without harming the
                                                                          In Case C-424/97: reference to the Court under Article 177 of
      environment in accordance with Article 4 of Council Directive
                                                                          the EC Treaty (now Article 234 EC) from the Landgericht
      75/442/EEC of 15 July 1975 on waste and by failing to draw
                                                                          (Regional Court) Düsseldorf, Germany, for a preliminary
      up for that area plans for the disposal of waste, pursuant to
                                                                          ruling in the proceedings pending before that court between
      Article 6 of Directive 75/442, and of toxic and dangerous
                                                                          Salomone Haim and Kassenzahnärztliche Vereinigung Nor-
      waste, pursuant to Article 12 of Council Directive 78/319/EEC
                                                                          drhein — on the liability of a Member State and, possibly, of a
      of 20 March 1978 on toxic and dangerous waste, the Hellenic
                                                                          public-law body of that State for loss and damage caused by
      Republic has not implemented all the necessary measures to
                                                                          an infringement of Community law, and on the legality of
      comply with the judgment of the Court of 7 April 1992 in
                                                                          making the appointment of a national of another Member
      Case C-45/91 Commission v Greece and has failed to fulfil its
                                                                          State as a dental practitioner under a social security scheme
      obligations under Article 171 of the EC Treaty;
                                                                          conditional upon his having a sufficient knowledge of the
                                                                          language of the host State — the Court, composed of:
2.    Orders the Hellenic Republic to pay to the Commission of the        G.C. Rodrı́guez Iglesias, President, D.A.O. Edward (Rappor-
      European Communities, into the account ‘EC own resources’, a        teur), L. Sevón, R. Schintgen (Presidents of Chambers),
      penalty payment of EUR 20 000 for each day of delay in              P.J.G. Kapteyn, C. Gulmann, J.-P. Puissochet, G. Hirsch, P. Jann,
      implementing the measures necessary to comply with the              H. Ragnemalm and M. Wathelet, Judges; J. Mischo, Advocate
      judgment in Case C-45/91, from delivery of the present              General; H. von Holstein, Deputy Registrar, for the Registrar,
      judgment until the judgment in Case C-45/91 has been                has given a judgment on 4 July 2000, in which it has ruled:
      complied with;
                                                                          1.    Community law does not preclude a public-law body, in
                                                                                addition to the Member State itself, from being liable to make
3.    Orders the Hellenic Republic to pay the costs;                            reparation for loss and damage caused to individuals as a result
                                                                                of measures which it took in breach of Community law.
4.    Orders the United Kingdom of Great Britain and Northern             2.    In order to determine whether there is a serious breach of
      Ireland to bear its own costs.                                            Community law, within the meaning of the case-law of the
                                                                                Court, account must be taken of the extent of the discretion
                                                                                enjoyed by the Member State concerned. The existence and the
                                                                                scope of that discretion must be determined by reference to
(1) OJ C 113 of 11.4.1998.                                                      Community law and not by reference to national law.
                                                                          3.    The competent authorities of a Member State may make the
                                                                                appointment, as a social security scheme dental practitioner, of
                                                                                a national of another Member State who is established in the
                                                                                first Member State and authorised to practise there but has