CELEX: C2000/302/09
Language: en
Date: 2000-10-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 29 June 2000 in Case C-154/99 P: Corrado Politi v European Training Foundation (Appeal — Temporary staff — Time-limit for lodging complaint — Time-limit for initiating proceedings — Error in classification — Admissibility)

21.10.2000               EN                     Official Journal of the European Communities                                            C 302/5
Käräjäoikeus, Finland, for a preliminary ruling in the proceed-            in Turin (Italy), represented by J.-N. Louis, F. Parmentier and
ings pending before that court between Tullihallitus and Kaupo             V. Peere, of the Brussels Bar, with an address for service in
Salumets and Others — on the interpretation of the Sixth                   Luxembourg at Société de Gestion Fiduciaire, Boîte Postale 585
Council Directive 77/388/EEC of 17 May 1977 on the har-                    — appeal against the order of the Court of First Instance of
monisation of the laws of the Member States relating to                    the European Communities (Second Chamber) of 9 February
turnover taxes — Common system of value added tax: uniform                 1999 in Case T-124/98 Politi v European Training Foundation
basis of assessment (OJ 1977 L 145, p. 1), Council Directive               [1999] ECR-SC I-A-9 and II-29, seeking to have that order set
92/12/EEC of 25 February 1992 on the general arrangements                  aside, the other party to the proceedings being: European
for products subject to excise duty and on the holding,                    Training Foundation, represented by B. Wägenbaur, Rechtsan-
movement and monitoring of such products (OJ 1992 L 76,                    walt, Hamburg, with an address for service in Luxembourg at
p. 1), Council Directive 92/83/EEC of 19 October 1992 on the               the office of C. Gómez de la Cruz, of the Legal Service of the
harmonisation of the structures of excise duties on alcohol                Commission of the European Communities, Wagner Centre,
and alcoholic beverages (OJ 1992 L 316, p. 21) and Council                 Kirchberg — the Court (Fifth Chamber), composed of:
Regulation (EEC) No 2913/92 of 12 October 1992 estab-                      D.A.O. Edward, President of the Chamber, P.J.G. Kapteyn,
lishing the Community Customs Code (OJ 1992 L 302, p. 1)                   A. La Pergola, H. Ragnemalm and M. Wathelet (Rapporteur),
— the Court (First Chamber), composed of: L. Sevón, President             Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has
of the Chamber, P. Jann (Rapporteur) and M. Wathelet, Judges;              given a judgment on 29 June 2000, in which it:
M. Saggio, Advocate General; H.A. Rühl, Principal Adminis-
trator, for the Registrar, has given a judgment on 29 June                 1.    Dismisses the appeal;
2000, in which it has ruled:
Sixth Council Directive 77/388/EEC of 17 May 1977 on the                   2.    Orders Mr Politi to pay the costs.
harmonisation of the laws of the Member States relating to turnover
taxes — Common system of value added tax: uniform basis of
assessment, Council Directive 92/12/EEC of 25 February 1992 on             (1) OJ C 246 of 28.8.1999.
the general arrangements for products subject to excise duty and on
the holding, movement and monitoring of such products, Council
Directive 92/83/EEC of 19 October 1992 on the harmonisation of
the structures of excise duties on alcohol and alcoholic beverages and
Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code must be interpreted as
meaning that their provisions on liability to tax and tax debts apply
also to contraband importation into Community customs territory of
ethyl alcohol from non-member countries.
                                                                                            JUDGMENT OF THE COURT
(1) OJ C 71 of 13.3.1999.
                                                                                                      of 4 July 2000
                                                                           in Case C-387/97: Commission of the European Communi-
                  JUDGMENT OF THE COURT                                                       ties v Hellenic Republic (1)
                           (Fifth Chamber)
                                                                           (Failure of a Member State to fulfil its obligations —
                           of 29 June 2000                                 Judgment of the Court establishing such failure — Non-
                                                                           compliance — Article 171 of the EC Treaty (now Article
in Case C-154/99 P: Corrado Politi v European Training                     228 EC) — Financial penalties — Periodic penalty payment
                            Foundation (1)                                      — Waste Directives 75/442/EEC and 78/319/EEC)
(Appeal — Temporary staff — Time-limit for lodging
                                                                                                     (2000/C 302/10)
complaint — Time-limit for initiating proceedings — Error
                in classification — Admissibility)
                           (2000/C 302/09)                                                     (Language of the case: Greek)
                     (Language of the case: French)
                                                                           (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                        in the European Court Reports)
                    in the European Court Reports)
In Case C-154/99 P: Corrado Politia former member of the                   In Case C-387/97: Commission of the European Communities
temporary staff of the European Training Foundation, residing              (Agent: M. Condou-Durande), supported by United Kingdom