CELEX: C1998/278/01
Language: en
Date: 1998-09-05 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 18 June 1998 in Case C-35/96: Commission of the European Communities v. Italian Republic (Action for failure to fulfil obligations - Agreements, decisions and concerted practices - Fixing of business tariffs - Customs agents - Legislation reinforcing the effects of an agreement)

5.9.98                EN                 Official Journal of the European Communities                                       C 278/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
               JUDGMENT OF THE COURT                                      of undertakings contrary to Article 85 of the EC
                       (Fifth Chamber)                                    Treaty, consisting of setting a compulsory tariff for all
                                                                          customs agents, the Italian Republic has failed to fulfil
                       of 18 June 1998                                    its obligations under Articles 5 and 85 of the Treaty;
in    Case   C-35/96: Commission of the             European
             Communities v. Italian Republic (1)
                                                                     2. orders the Italian Republic to pay the costs.
(Action for failure to fulfil obligations Ð Agreements,
decisions and concerted practices Ð Fixing of business               (1) OJ C 95, 30.3.1996.
tariffs Ð Customs agents Ð Legislation reinforcing the
                   effects of an agreement)
                        (98/C 278/01)
                (Language of the case: Italian)
                                                                                    JUDGMENT OF THE COURT
                                                                                             (Sixth Chamber)
 (Provisional translation; the definitive translation will be
          published in the European Court Reports)                                           of 18 June 1998
                                                                     in    Case    C-43/96: Commission of the             European
In Case C-35/96: Commission of the European                                        Communities v. French Republic (1)
Communities (Agent: Enrico Traversa) v. Italian Republic
                                                                     (Failure to fulfil obligations Ð Sixth Council Directive
(Agent: Umberto Leanza, assisted by Pier Giorgio Ferri) Ð
                                                                     77/388/EEC Ð Article 17(2) and (6) Ð Right to deduct
application for a delcaration that, by adopting and
                                                                     VAT Ð Exclusions provided for by national rules
maintaining in force a law which, in granting the relative
                                                                                       predating the Sixth Directive)
decision-making power, requires the Consiglio Nazionale
degli Spedizionieri Doganali (National Council of                                              (98/C 278/02)
Customs Agents) to adopt a decision by an association of
undertakings contrary to Article 85 of the EC Treaty in
that it sets a compulsory tariff for all customs agents, the                          (Language of the case: French)
Italian Republic has failed to fulfil its obligations under
Articles 5 and 85 of the Treaty Ð the Court (Fifth
Chamber), composed of: C. Gulmann, President of the
Chamber, M. Wathelet (Rapporteur), J. C. Moitinho de                   (Provisional translation; the definitive translation will be
Almeida, P. Jann and L. Sevón, Judges: G. Cosmas,                              published in the European Court Reports)
Advocate-General; R. Grass, Registrar, has given a
judgment on 18 June 1998, in which it:
                                                                     In Case C-43/96: Commission of the European
                                                                     Communities (Agents: H. Michard and E. Traversa) v.
1. declares that, by adopting and maintaining in force a             French Republic (Agents: C. de Salins, assisted by G.
     law which, in granting the relative decision-making             Mignot), supported by United Kingdom of Great Britain
     power, requires the National Council of Customs                 and Northern Ireland (Agent: S. Ridley) Ð application for
     Agents (Consiglio Nazionale degli Spedizionieri Doga-           a declaration that, by maintaining in force legislation
     nali Ð CNSD) to adopt a decision by an association              which denies taxable persons the right to deduct value