CELEX: C2001/161/07
Language: en
Date: 2001-06-02 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 January 2001 in Case C-40/98: Commission of the European Communities v Tecnologie Vetroresina SpA (TVR) (Arbitration clause — Non-performance of contract)

C 161/4                   EN                      Official Journal of the European Communities                                           2.6.2001
e Penale di Genova (District Court, Genoa), Italy, for a                     the Commission — the Court (Sixth Chamber), composed of:
preliminary ruling in the proceedings pending before that                    C. Gulmann (Rapporteur), President of the Chamber,
court between Siples Srl, in lı̀quidation, and Ministero delle               J.-P. Puissochet and R. Schintgen, Judges; D. Ruiz-Jarabo
Finanze, Servizio della Riscossione dei Tributi — Concessione                Colomer, Advocate General; H.A. Rühl, Principal Adminis-
Provincia di Genova — San Paolo Riscossioni Genova SpA —                     trator, for the Registrar, has given a judgment on 16 January
on the interpretation of Article 244 of Council Regulation                   2001, in which it:
(EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code (OJ 1992 L 302, p. 1) — the Court                     1.    Orders Tecnologie Vetroresina SpA (TVR) to pay the Com-
(Fifth Chamber), composed of: A. La Pergola, President of the                      mission of the European Communities the sum of
Chamber, M. Wathelet, D.A.O. Edward, P. Jann (Rapporteur)                          EUR 211 307 , together with interest at the agreed rate from
and L. Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate                            21 December 1991 until the debt is paid in full;
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 11 January 2001, in which it has                     2.    Dismisses the remainder of the application;
ruled:
                                                                             3.    Orders Tecnologie Vetroresina SpA (TVR) to pay the costs.
Article 244 of Council Regulation (EEC) No 2913/92 of 12 October
1992 establishing the Community Customs Code is to be interpreted
as meaning that it confers the power to suspend implementation of a          (1) OJ C 137 of 2.5.1998.
contested decision exclusively on the customs authorities. However,
that provision does not limit the power of the judicial authorities
seised of a dispute pursuant to Article 243 of that regulation to order
such suspension in order to comply with their obligation to ensure
the full effectiveness of Community law.
(1) OJ C 246, 28.8.1999.
                                                                                              JUDGMENT OF THE COURT
                                                                                                      (Sixth Chamber)
                                                                                                     of 16 January 2001
                   JUDGMENT OF THE COURT                                     in Case C-41/98: Commission of the European Communi-
                                                                                      ties v Tecnologie Vetroresina SpA (TVR) (1)
                           (Sixth Chamber)
                                                                                  (Arbitration clause — Non-performance of contract)
                          of 16 January 2001
                                                                                                       (2001/C 161/08)
in Case C-40/98: Commission of the European Communi-
          ties v Tecnologie Vetroresina SpA (TVR) (1)
                                                                                                 (Language of the case: Italian)
     (Arbitration clause — Non-performance of contract)
                            (2001/C 161/07)                                  (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
                      (Language of the case: Italian)
                                                                             In Case C-41/98: Commission of the European Communities
                                                                             (Agents: E. de March and A. Dal Ferro) v Teenologie Vetroresina
                                                                             SpA (TVR) (Agent: G. Merla) — application by the Commission
(Provisional translation; the definitive translation will be published       under Article 181 of the EC Treaty (now Article 238 EC) for
                     in the European Court Reports)                          an order requiring Tecnologie Vetroresina SpA, first, to
                                                                             reimburse an advance payment of ECU 77 558,80 made by
In Case C-40/98: Commission of the European Communities                      the Commission under Contract No BREU-0114-I(A), together
(Agents: E. de March and A. Dal Ferro) v Tecnologie Vetroresina              with interest at the agreed rate from 1 February 1990, and,
SpA (TVR) (Agent: G. Merla) — application by the Commission                  second, to pay damages of ECU 7 700 in respect of the harm
under Article 181 of the EC Treaty (now Article 238 EC)                      sustained by the Commission — the Court (Sixth Chamber),
against Tecnologie Vetroresina SpA for reimbursement of the                  composed of: C. Gulmann (Rapporteur), President of the
sum of ECU 211 307 advanced by the Commission under                          Chamber, J.-P. Puissochet and R. Schintgen, Judges; D. Ruiz-
Contract No 3440/1/0/187/91/6-BCR-I(30), together with                       Jarabo Colomer, Advocate General; H.A. Rühl, Principal
interest at the agreed rate from 21 December 1991, and                       Administrator, for the Registrar, has given a judgment on
damages of ECU 20 000 in respect of the harm sustained by                    16 January 2001, in which it: