CELEX: C1998/358/07
Language: en
Date: 1998-11-21 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 1 October 1998 in Case C-242/96: Italy v. Commission (EAGGF - Clearance of accounts - 1992 and 1993 - Beef and veal)

21.11.98             EN                   Official Journal of the European Communities                                      C 358/3
              JUDGMENT OF THE COURT                                  European Communities (Agent: X. Lewis) Ð application
                       (Fifth Chamber)                               for the annulment in part of Commission Decision 96/311/
                                                                     EC of 10 April 1996 on the clearance of the accounts
                      of 1 October 1998                              presented by the Member States in respect of the
                                                                     expenditure for 1992 of the Guarantee Section of the
in Case C-233/96: Kingdom of Denmark v. Commission
                                                                     European Agricultural Guidance and Guarantee Fund
              of the European Communities (1)
                                                                     (EAGGF) and in respect of certain expenditure for 1993
(EAGGF Ð Clearance of accounts Ð 1992 and 1993 Ð                     (OJ L 117, 14.5.1996, p. 19) Ð the Court (Fifth
                        Beef and veal)                               Chamber), composed of: C. Gulmann, President of the
                                                                     Chamber, M. Wathelet (Rapporteur), J. C. Moitinho de
                         (98/C 358/05)                               Almeida, J.-P. Puissochet and L. Sevón, Judges; S. Alber,
                                                                     Advocate-General; L. Hewlett, Administrator, for the
                                                                     Registrar, has given a judgment on 1 October 1998, in
               (Language of the case: Danish)
                                                                     which it:
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)                    1. Dismisses the application;
In Case C-233/96: Kingdom of Denmark (Agent: P.
                                                                     2. Orders Ireland to pay the costs.
Biering) v. Commission of the European Communities
(Agent: H. P. Hartvig) Ð application for the annulment in
part of Commission Decision 96/311/EC of 10 April 1996               (1) OJ C 269, 14.9.1996.
on the clearance of the accounts presented by the Member
States in respect of the expenditure for 1992 of the
Guarantee Section of the European Agricultural Guidance
and Guarantee Fund (EAGGF) and in respect of certain
expenditure for 1993 (OJ L 117, 14.5.1996, p. 19) Ð the
Court (Fifth Chamber), composed of: C. Gulmann,
President of the Chamber, M. Wathelet (Rapporteur), J. C.
Moitinho de Almeida, J.-P. Puissochet and L. Sevón,                                JUDGMENT OF THE COURT
Judges; S. Alber, Advocate-General; L. Hewlett,                                             (Fifth Chamber)
Administrator, for the Registrar, has given a judgment on
1 October 1998, in which it:                                                               of 1 October 1998
                                                                               in Case C-242/96: Italy v. Commission (1)
1. Dismisses the application;
                                                                     (EAGGF Ð Clearance of accounts Ð 1992 and 1993 Ð
                                                                                             Beef and veal)
2. Orders the Kingdom of Denmark to pay the costs.
                                                                                             (98/C 358/07)
(1) OJ C 269, 14.9.1996.
                                                                                     (Language of the case: Italian)
                                                                       (Provisional translation; the definitive translation will be
              JUDGMENT OF THE COURT                                           published in the European Court Reports)
                       (Fifth Chamber)
                      of 1 October 1998                              In Case C-242/96: Italian Republic (Agents: U. Leanza
in Case C-238/96: Ireland v. Commission of the European              and M. Fiorilli) v. Commission of the European
                       Communities (1)                               Communities (Agents: E. de March and P. Ziotti) Ð
                                                                     application for the annulment in part of Commission
(EAGGF Ð Clearance of accounts Ð 1992 and 1993 Ð                     Decision 96/311/EC of 10 April 1996 on the clearance of
                        Beef and veal)                               the accounts presented by the Member States in respect of
                                                                     the expenditure for 1992 of the Guarantee Section of the
                         (98/C 358/06)
                                                                     European Agricultural Guidance and Guarantee Fund
                                                                     (EAGGF) and in respect of certain expenditure for 1993
               (Language of the case: English)                       (OJ L 117, 14.5.1996, p. 19) Ð the Court (Fifth
                                                                     Chamber), composed of: C. Gulmann, President of the
                                                                     Chamber, M. Wathelet (Rapporteur), J. C. Moitinho de
In Case 238/96: Ireland (Agent: M. A. Buckley, assisted by           Almeida, J.-P. Puissochet and L. Sevón, Judges; S. Alber,
M. Finlay, SC, and D. Barniville) v. Commission of the               Advocate-General; L. Hewlett, Administrator, for the
 ---pagebreak--- C 358/4               EN                  Official Journal of the European Communities                                     21.11.98
Registrar, gave a judgment on 1 October 1998, the                         hire, provided that the tariffs are fixed with due
operative part of which is at follows:                                    regard for the public-interest criteria defined by Law
                                                                          No 298 and the public authorities do not hand over
                                                                          their prerogatives to private economic agents in taking
1. The application is dismissed;                                          into account, before the approval of proposals, of the
                                                                          observations of other public and private bodies and
                                                                          even by fixing tariffs ex officio.
2. The Italian Republic is ordered to pay the costs.
(1) OJ C 294, 5.10.1996.                                             2. The concept of general interest to which the Court
                                                                          referred in its judgments in Case C-185/91 Reiff
                                                                          and in Case C-153/93 Delta Schiffahrts- und
                                                                          Speditionsgesellschaft corresponds to the concept of
                                                                          public interest mentioned in its judgment in Case
                                                                          C-96/94 Centro Servizi Spediporto.
               JUDGMENT OF THE COURT
                                                                     3. It is for the Member States to determine the specific
                      (Second Chamber)                                    criteria to be used in fixing tariffs, such as those in
                      of 1 October 1998                                   force under Italian law, and for the national courts to
                                                                          determine whether the criteria thus defined are
in Case C-38/97 (reference for a preliminary ruling from                  respected in practice.
the Giudice di Pace di Genova): Autotrasporti Librandi
Snc di Librandi F. & C. v. Cuttica Spedizioni e Servizi
                     Internazionali Srl (1)                          4. The fact that collective agreements such as those
                                                                          provided for in Article 13 of the Ministerial Decree of
(Competition Ð Road transport Ð Mandatory tariff Ð
                                                                          18 November 1982 can be concluded and that they
State legislation Ð Concepts of general interest and public
                                                                          are even enforceable under national law against
                           interest)
                                                                          operators who have not signed them does not have the
                        (98/C 358/08)                                     effect of restricting competition within the meaning of
                                                                          Article 85 of the Treaty.
                (Language of the case: Italian)
                                                                     (1) OJ C 94, 22.3.1997.
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
In Case C-38/97: reference to the Court under Article 177
of the EC Treaty from the Giudice di Pace di Genova                                 JUDGMENT OF THE COURT
(Magistrate's Court, Genoa) (Italy), for a preliminary                                        (Sixth Chamber)
ruling in the proceedings pending before that court
between Autotrasporti Librandi Snc di Librandi F. & C.                                      of 1 October 1998
and Cuttica Spedizioni e Servizi Internazionali Srl Ð on                    in Case C-71/97: Commission of the European
the interpretation of Article 3(f) and (g), and Articles 5, 85                    Communities v. Kingdom of Spain (1)
and 86 of the EC Treaty and of the concepts of general
interest' and collective agreement' Ð the Court (Second             (Failure by a Member State to fulfil its obligations Ð
Chamber), composed of: R. Schintgen (Rapporteur),                                    Failure to transpose a directive)
President of the Chamber, G. F. Mancini and G.
                                                                                               (98/C 358/09)
Hirsch, Judges; S. Alber, Advocate-General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on
1 October 1998, in which it has ruled:
                                                                                     (Language of the case: Spanish)
1. Article 3(f) and (g), and Articles 5, 85, 86 and 90 of
     the EC Treaty do not preclude legislation of a Member             (Provisional translation; the definitive translation will be
     State which provides for road-haulage tariffs to be                       published in the European Court Reports)
     approved and brought into force by the State on the
     basis of proposals of a central committee the majority
     of whose members are representatives of the economic            In Case C-71/97: Commission of the European
     agents concerned and which extends the mandatory                Communities (Agent: Fernando Castillo de la Torre) v.
     tariffs applicable in the field of contracts for the            Kingdom of Spain (Agent: Santiago Ortiz Vaamonde) Ð
     carriage of goods by road to other types of contracts,          application for a declaration that, first, by failing to
     relating to different services, such as, in particular,         designate the zones considered to be vulnerable and to
     contracts under invitations to tender and contracts for         notify the Commission of those designations and, second,