CELEX: C2002/003/06
Language: en
Date: 2002-01-05 00:00:00
Title: Judgment of the Court (Third Chamber) of 13 November 2001 in Case C-59/99: Commission of the European Communities v Manuel Pereira Roldão & Filhos Ld.a, Instituto Superior Técnico and King, Taudevin & Gregson (Holdings) Ltd (Arbitration clause — Reimbursement of advance payments made under a contract terminated by the Commission for non-performance)

C 3/4                     EN                      Official Journal of the European Communities                                           5.1.2002
business use of a private car, the Kingdom of the Netherlands                Republic (Agents: P. Mylonopoulos and N. Dafniou) —
has failed to fulfil its obligations under the EC Treaty — the               application for a declaration that, by establishing and main-
Court (Fifth Chamber), composed of: S. von Bahr, President of                taining a system for stocks of petroleum products which
the Fourth Chamber, acting for the President of the Fifth                    directly links the facility to transfer the storage obligation to
Chamber, D.A.O. Edward, A. La Pergola (Rapporteur),                          refineries established in Greece to an obligation to obtain
M. Wathelet and C.W.A. Timmermans, Judges; C. Stix-Hackl,                    supplies of petroleum products from those refineries, and by
Advocate General; H.A. Rühl, Principal Administrator, for the                prohibiting service stations from obtaining supplies from
Registrar, has given a judgment on 8 November 2001, in                       refineries or from another Member State, the Hellenic Republic
which it:                                                                    has failed to fulfil its obligations under Article 30 of the EC
                                                                             Treaty (now, after amendment, Article 28 EC) — the Court
1.    Declares that by providing, in breach of Articles 17(2)(a) and         (Fifth Chamber), composed of: P. Jann, President of the
      18(1)(a) of Sixth Council Directive 77/388/EEC of 17 May               Chamber, D.A.O. Edward (Rapporteur), A. La Pergola, L. Sevón
      1977 on the harmonisation of the laws of the Member States             and M. Wathelet, Judges; D. Ruiz-Jarabo Colomer, Advocate
      relating to turnover taxes — Common system of value added              General; L. Hewlett, Administrator, for the Registrar, has given
      tax: uniform basis of assessment, in the version resulting from        a judgment on 25 October 2001, in which it rules:
      Council Directive 95/7/EC of 10 April 1995 amending
      Directive 77/388 and introducing new simplification measures           1.    By establishing and maintaining a system for the compulsory
      with regard to value added tax — scope of certain exemptions                 maintenance of emergency stocks of petroleum products which
      and practical arrangements for implementing them, that an                    directly links the facility for companies which market those
      employer who is a taxable person, for the purposes of value                  products to transfer their storage obligation to refineries
      added tax may deduct part of an allowance paid to an employee                established in Greece to an obligation to obtain their supplies
      for business use of a private car, the Kingdom of the Netherlands            of those products from those refineries, the Hellenic Republic
      has failed to fulfil its obligations under the EC Treaty;                    has failed to fulfil its obligations under Article 30 of the EC
                                                                                   Treaty (now, after amendment, Article 28 EC).
2.    Orders the Kingdom of the Netherlands to pay the costs;
                                                                             2.    The Hellenic Republic is ordered to pay the costs.
3.    Orders the United Kingdom of Great Britain and Northern
      Ireland to bear its own costs.
                                                                             (1) OJ C 397 of 19.12.1998.
(1) OJ C 340 of 7.11.1998.
                                                                                               JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                       (Third Chamber)
                            (Fifth Chamber)
                                                                                                    of 13 November 2001
                         of 25 October 2001
                                                                             in Case C-59/99: Commission of the European Communi-
in Case C-398/98: Commission of the European Communi-                        ties v Manuel Pereira Roldão & Filhos Ld.a, Instituto
                    ties v Hellenic Republic (1)                             Superior Técnico and King, Taudevin & Gregson (Hold-
                                                                                                           ings) Ltd (1)
(Failure by a Member State to fulfil its obligations —
Article 30 of the EC Treaty (now, after amendment, Article                   (Arbitration clause — Reimbursement of advance payments
28 EC) — Obligation to maintain minimum stocks of                            made under a contract terminated by the Commission for
                         petroleum products)                                                           non-performance)
                              (2002/C 3/05)                                                               (2002/C 3/06)
                     (Language of the case: Greek)                                             (Language of the case: Portuguese)
(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-398/98: Commission of the European Communities                     In Case C-59/99: Commission of the European Communities
(Agents: D. Triantafyllou and O. Couvert-Castéra) v Hellenic                 (Agents: initially F. de Sousa Fialho and O. Couvert-Castéra,
 ---pagebreak--- 5.1.2002                EN                       Official Journal of the European Communities                                                C 3/5
subsequently H. van Lier and A. Caeiros, assisted by E. Braga)              (Agent: P. Stancanelli) v Italian Republic (Agent: U. Leanza,
v Manuel Pereira Roldão & Filhos Ld.a, established in Marinha              assisted by P.G. Ferri) — application for a declaration that:
Grande (Portugal), Instituto Superior Técnico, established in
Lisbon (Portugal), represented by J.L. da Cruz Vilaga and
T. Aragão Morais, advogados, and King, Taudevin & Gregson                  —     by failing to establish one or more action programmes
(Holdings) Ltd — application by the Commission pursuant to                        having the features, and meeting the conditions, laid
Article 181 of the EC Treaty (now Article 238 EC) for recovery                    down in Article 5 of Council Directive 91/676/EEC of
of an advance payment which it had granted to the defendants                      12 December 1991 concerning the protection of waters
under Contract No IN 90/91 PO/UK relating to activities                           against pollution caused by nitrates from agricultural
concerning the promotion of energy technology in Europe                           sources (OJ 1991 L 375, p. 1),
(Thermie programme) — the Court (Third Chamber), compo-
sed of: F. Macken, President of the Chamber, C. Gulmann and
J.N. Cunha Rodrigues (Rapporteur), Judges; L.A. Geelhoed,
Advocate General; L. Hewlett, Administrator, for the Registrar,             —     by failing to carry out fully and correctly the monitoring
                                                                                  operations prescribed by Article 6 of that directive; and
has given a judgment on 13 November 2001, in which it:
1.    Orders Manuel Pereira Roldão & Filhos Ld.a and the Instituto         —     by failing to draw up and submit a full report of the kind
      Superior Técnico jointly and severally to pay to the Commission             required by Article 10 of that directive,
      of the European Communities the sum of EUR 357 813;
2.    Orders Manuel Pereira Roldão & Filhos Ld.a to pay to
      the Commission of the European Communities the sum of                 the Italian Republic has failed to fulfil its obligations under
      EUR 185 833,78 in interest due as at 1 January 1999 and               Community law — the Court (Sixth Chamber), composed of:
      contractual interest from that date until full payment of the         N. Colneric, President of the Second Chamber, acting for the
      principal sum due;                                                    President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet,
                                                                            V. Skouris and J.N. Cunha Rodrigues (Rapporteur), Judges;
3.    Orders Manuel Pereira Roldão & Filhos Ld.a and the Instituto         L.A. Geelhoed, Advocate General; L. Hewlett, Administrator,
                                                                            for the Registrar, has given a judgment on 8 November 2001,
      Superior Técnico to pay the costs.
                                                                            in which it:
(1) OJ C 121 of 1.5.1999.
                                                                            1.    Declares that, by having failed:
                                                                                  —     to establish action programmes within the meaning of
                                                                                        Article 5 of Council Directive 91/676/EEC of 12 Decem-
                 JUDGMENT OF THE COURT                                                  ber 1991 concerning the protection of waters against
                                                                                        pollution caused by nitrates from agricultural sources,
                          (Sixth Chamber)
                                                                                  —     to carry out the monitoring operations prescribed by
                       of 8 November 2001                                               Article 6 of the said directive, and
in Case C-127/99: Commission of the European Communi-
                     ties v Italian Republic (1)                                  —     to submit to the Commission a report of the kind required
                                                                                        by Article 10 of the directive,
(Failure by a Member State to fulfil its obligations —
Inadequate implementation of Directive 91/676/EEC —
Protection of waters against pollution caused by nitrates                         the Italian Republic failed to fulfil its obligations under those
                    from agricultural sources)                                    provisions of Directive 91/676.
                            (2002/C 3/07)
                                                                            2.    Orders the Italian Republic to pay the costs.
                    (Language of the case: Italian)
(Provisional translation; the definitive translation will be published      (1) OJ C 204 of 17.7.1999.
                   in the European Court Reports)
In Case C-127/99: Commission of the European Communities