CELEX: C2000/372/02
Language: en
Date: 2000-12-23 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 19 October 2000 in Joined Cases C-15/98 and C-105/99: Italian Republic and Sardegna Lines — Servizi Marittimi della Sardegna SpA v Commission of the European Communities (State aid — Aid from the Region of Sardinia to shipping companies in Sardinia — Adverse effect on competition and trade between Member States — Statement of reasons)

23.12.2000              EN                      Official Journal of the European Communities                                              C 372/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       Article 5(1) of Commission Regulation (EEC) No 3665/87 of
                                                                             27 November 1987 laying down common detailed rules for the
                                                                             application of the system of export refunds on agricultural products
                          (First Chamber)                                    is to be interpreted as meaning that payment of an export refund
                                                                             cannot be made conditional on production of additional evidence of
                       of 17 October 2000                                    such a kind as to show that a product which, in the non-member
                                                                             country of import, has undergone processing regarded as substantial
                                                                             in that it has been used in an irreversible manner in the manufacture
in Case C-114/99 (reference for a preliminary ruling from                    of another product, which is itself likely to be re-exported into the
the Cour Administrative d’Appel de Nancy): Roquette                          Community, has actually been placed on the market in that country
Frères SA v Office national interprofessionnel des céréales                  in the unaltered state.
                              (ONIC) (1)
                                                                             (1) OJ C 188 of 3.7.1999.
(Agriculture — Common organisation of the markets —
Export refunds — Cereals — Conditions for payment —
Processing as a product likely to be re-imported into the
                            Community)
                          (2000/C 372/01)                                                      JUDGMENT OF THE COURT
                                                                                                       (Sixth Chamber)
                    (Language of the case: French)
                                                                                                     of 19 October 2000
(Provisional translation; the definitive translation will be published       in Joined Cases C-15/98 and C-105/99: Italian Republic
                   in the European Court Reports)                            and Sardegna Lines — Servizi Marittimi della Sardegna
                                                                                 SpA v Commission of the European Communities (1)
In Case C-114/99: reference to the Court under Article 177 of                (State aid — Aid from the Region of Sardinia to shipping
the EC Treaty (now Article 234 EC) from the Cour Administra-                 companies in Sardinia — Adverse effect on competition and
tive d’Appel de Nancy (Administrative Court of Appeal,                           trade between Member States — Statement of reasons)
Nancy), France, for a preliminary ruling in the proceedings
pending before that court between Roquette Frères SA and
                                                                                                        (2000/C 372/02)
Office national interprofessionnel des céréales (ONIC) — on
the interpretation of Article 5(1) of Commission Regulation
(EEC) No 3665/87 of 27 November 1987 laying down                                                  (Language of the case: Italian)
common detailed rules for the application of the system of
export refunds on agricultural products (OJ 1987 L 351, p. 1)
— the Court (First Chamber), composed of: M. Wathelet,                       (Provisional translation; the definitive translation will be published
President of the Chamber, P. Jann and L. Sevón (Rapporteur),                                    in the European Court Reports)
Judges; S. Alber, Advocate General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 7 October 2000, in                In Joined Cases C-15/98 and C-105/99: Italian Republic
which it has ruled:                                                          (Agents: Professor U. Leanza, and P.G. Ferri) (C-15/98) and
 ---pagebreak--- C 372/2                 EN                     Official Journal of the European Communities                                        23.12.2000
Sardegna Lines — Servizi Marittimi della Sardegna SpA                                      JUDGMENT OF THE COURT
established in Cagliari, Italy, represented by F. Caruso, U. Iacca-
rino, B. Carnevale and C. Caruso, of the Naples Bar, with an
address for service in Brussels at the Chambers of F. Caruso,                                      (Sixth Chamber)
2A Rue Van Moer (C-105/99) v Commission of the European
Communities (Agents: D. Triantafyllou and S. Dragone) —
application for annulment, in Cases C-15/98 and C-105/99,                                        of 19 October 2000
of Commission Decision 98/95/EC of 21 October 1997
concerning aid granted by the Region of Sardinia (Italy) to
shipping companies in Sardinia (OJ 1998 L 20, p. 30) and, in
                                                                          in Case C-216/98: Commission of the European Communi-
Case C-15/98, of the letter of 14 November 1997 by which
                                                                                             ties v Hellenic Republic (1)
the Commission notified the Italian Republic of its decision to
initiate the procedure provided for in Article 93(2) of the EC
Treaty (now Article 88(2) EC) regarding aid to the shipping
sector (loans/leases at concessionary conditions for the acqui-           (Failure of a State to fulfil obligations — Directive 95/59/EC
sition, conversion and repair of vessels): amendment of aid                 — Article 9 — Minimum price — Manufactured tobacco)
scheme under C 23/96 (ex NN 181/95) (OJ 1997 C 386, p. 6)
— the Court (Sixth Chamber), composed of: C. Gulmann,
President of the Chamber, J.-P. Puissochet (Rapporteur) and                                         (2000/C 372/03)
F. Macken, Judges; N. Fennelly, Advocate General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on
19 October 2000, in which it:
                                                                                              (Language of the case: Greek)
1.    Dismisses as inadmissible the Italian Republic’s application in
      respect of the letter of 14 November 1997 by which the              (Provisional translation; the definitive translation will be published
      Commission notified the Italian Republic of its decision to                            in the European Court Reports)
      initiate the procedure provided for in Article 93(2) of the EC
      Treaty (now Article 88(2) EC) regarding aid to the shipping
      sector (loans/leases at concessionary conditions for the acqui-     In Case C-216/98: Commission of the European Communities
      sition, conversion and repair of vessels): amendment of aid         (Agents: M. Condou-Durande and E. Traversa) v Hellenic
      scheme under C 23/96 (ex NN 181/95);                                Republic (Agents: P. Mylonopoulos, and N. Dafniou) —
                                                                          application for a declaration that, by adopting and maintaining
                                                                          in force legislative provisions which require minimum retail
                                                                          selling prices for manufactured tobacco to be determined by
2.    Annuls Commission Decision 98/95/EC of 21 October 1997              ministerial decree, the Hellenic Republic has failed to fulfil its
      concerning aid granted by the Region of Sardinia (Italy) to         obligations under Article 9 of Council Directive 95/59/EC of
      shipping companies in Sardinia;                                     27 November 1995 on taxes other than turnover taxes which
                                                                          affect the consumption of manufactured tobacco (OJ 1995
                                                                          L 291, p. 40) — the Court (Sixth Chamber), composed of:
                                                                          J.-P. Puissochet, acting as President of the Sixth Chamber,
3.    In Case C-15/98, orders the Italian Republic and the Com-           R. Schintgen and F. Macken (Rapporteur), Judges; F.G. Jacobs,
      mission of the European Communities to bear their own costs;        Advocate General; L. Hewlett, Administrator, for the Registrar,
                                                                          has given a judgment on 19 October 2000, in which it:
                                                                          1.    Declares that, by adopting and maintaining in force legislative
4.    In Case C-105/99, orders the Commission of the European                   provisions which require minimum retail selling prices for
      Communities to pay the costs.                                             manufactured tobacco to be determined by ministerial decree,
                                                                                the Hellenic Republic has failed to fulfil its obligations under
                                                                                Article 9 of Council Directive 95/59/EC of 27 November
                                                                                1995 on taxes other than turnover taxes which affect the
                                                                                consumption of manufactured tobacco;
(1) OJ C 94 of 28.3.1998.
                                                                          2.    Orders the Hellenic Republic to pay the costs.
                                                                          (1) OJ C 258 of 15.8.1998.