CELEX: C2001/161/06
Language: en
Date: 2001-06-02 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 11 January 2001 in Case C-226/99 [reference for a preliminary ruling from the Tribunale Civile e Penale di Genova (Italy)]: Siples Srl, in liquidation v Ministero delle Finanze, Servizio della Riscossione dei Tributi — Concessione Provincia di Genova — San Paolo Riscossioni Genova SpA (Common Customs Code — Appeals — Suspension of implementation of a decision of the customs authorities)

2.6.2001                 EN                       Official Journal of the European Communities                                            C 161/3
for a preliminary ruling in the proceedings pending before that              e Penale di Genova (District Court, Genoa), Italy for a
court between Westdeutsche Landesbank Girozentrale and                       preliminary ruling in the proceedings pending before that
Friedrich Stefan, in the presence of: Republik Österreich — on              court between Kofisa Italia Srl and Ministero delle Finanze,
the interpretation of Article 73b of the EC Treaty (now                      Servizio della Riscossione dei Tributi — Concessione Provincia
Article 56 EC) — the Court (Fifth Chamber), composed                         di Genova — San Paolo Riscossioni Genova SpA — on the
of: A. La Pergola, President of the Chamber, M. Wathelet                     interpretation of Articles 243 and 244 of Council Regulation
(Rapporteur), D.A.O. Edward, P. Jann and L. Sevón, Judges;                  (EEC) No 2913/92 of 12 October 1992 establishing the
P. Léger, Advocate General; H. von Holstein, Deputy Registrar,               Community Customs Code (OJ 1992 L 302, p. 1) — the Court
for the Registrar, has given a judgment on 11 January 2001,                  (Fifth Chamber), composed of: A. La Pergola, President of the
in which it has ruled:                                                       Chamber, M. Wathelet, D.A.O. Edward, P. Jann (Rapporteur)
                                                                             and L. Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate
1.    Article 73b of the EC Treaty (now Article 56 EC) is to be              General; H.A. Rühl, Principal Administrator, for the Registrar,
      construed as precluding the application of national rules such         has given a judgment on 11 January 2001, in which it has
      as those at issue in the main proceedings, requiring a mortgage        ruled:
      securing a debt payable in the currency of another Member
      State to be registered in the national currency.                       1.    Article 243 of Council Regulation (EEC) No 2913/92 of
                                                                                   12 October 1992 establishing the Community Customs Code
2.    Article 73b of the Treaty is to be construed as meaning that it              is to be interpreted as meaning that it is for national law to
      did not apply in Austria prior to the date of accession of the               determine whether a trader must initially lodge an appeal before
      Republic of Austria to the European Union.                                   the customs authority or whether he may appeal directly to the
                                                                                   judicial authority.
3.    Article 73b of the Treaty is to be construed as incapable of
      remedying, with effect from the entry into force of the EC Treaty      2.    Article 244 of Regulation No 2913/92 is to be interpreted as
      in Austria, a mortgage registration which, under the relevant                meaning that it confers the power to suspend implementation
      national law, is vitiated from the outset by absolute and                    of a contested decision exclusively on the customs authorities.
      incurable nullity such as to render that registration non-existent.          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
(1) OJ C 71, 13.3.1999.                                                            their obligation to ensure the full effectiveness of Community
                                                                                   law.
                                                                             (1) OJ C 71, 13.3.1999.
                  JUDGMENT OF THE COURT
                           (Fifth Chamber)
                                                                                               JUDGMENT OF THE COURT
                         of 11 January 2001
                                                                                                        (Fifth Chamber)
in Case C-1/99 [reference for a preliminary ruling from
the Tribunale Civile e Penale di Genova (Italy)]: Kofisa                                              of 11 January 2001
Italia Srl v Ministero delle Finanze, Servizio della Riscos-
sione dei Tributi — Concessione Provincia di Genova —                        in Case C-226/99 [reference for a preliminary ruling from
             San Paolo Riscossioni Genova SpA (1)                            the Tribunale Civile e Penale di Genova (Italy)]: Siples Srl,
                                                                             in liquidation v Ministero delle Finanze, Servizio della
(Reference for a preliminary ruling — Jurisdiction of the                    Riscossione dei Tributi — Concessione Provincia di
Court — National legislation adopting Community pro-                               Genova — San Paolo Riscossioni Genova SpA (1)
visions — Community Customs Code — Appeal — Manda-
tory nature of the two stages of the appeal — Suspension of                  (Common Customs Code — Appeals — Suspension of
   implementation of a decision of the customs authorities)                     implementation of a decision of the customs authorities)
                           (2001/C 161/05)                                                              (2001/C 161/06)
                     (Language of the case: Italian)                                              (Language of the case: Italian)
(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-1/99: reference to the Court under Article 177 of                  In Case C-226/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Tribunale Civile                 the EC Treaty (now Article 234 EC) from the Tribunale Civile
 ---pagebreak--- 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: