CELEX: C1998/072/04
Language: en
Date: 1998-03-07 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 29 January 1998 in Case C-61/95: Hellenic Republic v. Commission of the European Communities (Clearance of EAGGF accounts - Expenditure for 1991)

7.3.98                EN                  Official Journal of the European Communities                                       C 72/3
               JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                       (Sixth Chamber)                                                      (Sixth Chamber)
                     of 29 January 1998                                                    of 29 January 1998
in Case C-61/95: Hellenic Republic v. Commission of the              in    Case   C-280/95: Commission of the             European
                  European Communities (1)                                         Communities v. Italian Republic (1)
 (Clearance of EAGGF accounts Ð Expenditure for 1991)                (State aid Ð Fiscal bonus on certain taxes Ð Recovery of
                                                                                    aid Ð Not absolutely impossible)
                         (98/C 72/04)
                                                                                               (98/C 72/05)
                (Language of the case: Greek)
                                                                                      (Language of the case: Italian)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                       (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
In Case C-61/95: Hellenic Republic, (Agents: Panagiotis
Milonopoulos and Meletis Tsotsanis) v. Commission of
the European Communities (Agents: Xenophon Yataganas                 In Case C-280/95: Commission of the European
and Dimitrios Gouloussis) Ð application for the                      Communities (Agents: Antonio Aresu and Anders C.
annulment of Commission Decision 94/871/EC of                        Jessen) v. Italian Republic (Agent: Professor Umberto
21 December 1994 on the clearance of the accounts                    Leanza, assisted by Oscar Fiumara) Ð application for a
presented by the Member States in respect of the                     declaration that, by failing to adopt the measures
expenditure for 1991 of the European Agricultural                    necessary to comply with Commission Decision 93/496/
Guidance and Guarantee Fund (EAGGF), Guarantee                       EEC of 9 June 1993 on State aid procedure C 32/92 (ex
Section (OJ L 352, 31.12.1994, p. 82), in so far as it               NN 67/92) Ð Italy (tax calculation for professional road
concerns the Hellenic Republic Ð the Court (Sixth                    hauliers) (OJ L 233, 16.9.1993, p. 10) and, in particular,
Chamber), composed of: H. Ragnemalm, President of the                by failing to recover aid granted as from the 1992
Chamber, G. F. Mancini, P. J. G. Kapteyn, J. L. Murray               financial year in the form of a tax credit in income tax,
and G. Hirsch (Rapporteur), Judges; A. La Pergola,                   municipal tax, or value added tax, unlawfully introduced
Advocate General; L. Hewlett, Administrator, for the                 by Ministerial Decree of 28 January 1992 in favour of
Registrar, has given a judgment on 29 January 1998, in               professional road hauliers in Italy, the Italian Republic has
which it:                                                            failed to fulfil its obligations under the EC Treaty Ð the
                                                                     Court (Sixth Chamber), composed of: H. Ragnemalm,
                                                                     President of the Chamber, R. Schintgen, G. F. Mancini,
                                                                     J. L. Murray and G. Hirsch (Rapporteur), Judges; N.
1. Annuls       Commission      Decision      94/871/EC      of      Fennelly, Advocate General; D. Louterman-Hubeau,
     21 December 1994 on the clearance of the accounts               Principal Administrator, for the Registrar, has given a
     presented by the Member States in respect of the                judgment on 29 January 1998, in which it:
     expenditure for 1991 of the European Agricultural
     Guidance and Guarantee Fund (EAGGF), Guarantee
     Section in so far as it did not conclusively accept the
     amount of GRD 3 531 558 038 in respect of                       1. Declares that, by not complying with Commission
     expenditure relating to leaf tobacco premiums and                    Decision 93/496/EEC of 9 June 1993 on State aid
     corresponding refunds as chargeable to the EAGGF;                    procedure C 32/92 (ex NN 67/92) Ð Italy (tax
                                                                          calculation for professional road hauliers), the Italian
                                                                          Republic has failed to fulfil its obligations under the
                                                                          EC Treaty;
2. For the remainder, dismisses the application;
3. Orders the parties to bear their own costs.                       2. Orders the Italian Republic to pay the costs.
(1) OJ C 119, 13.5.1995.                                             (1) OJ C 268, 14.10.1995.