CELEX: C2003/146/19
Language: en
Date: 2003-06-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 8 May 2003 in Case C-384/01: Commission of the European Communities v French Republic (Failure of a State to fulfil obligations — Sixth VAT Directive — Article 12(3)(a) and (b) — Supplies of gas and electricity delivered by the public networks — Standing charge for supply networks — Reduced rate)

21.6.2003                EN                            Official Journal of the European Union                                              C 146/11
      reunification of Germany, is henceforth incorporated in one of                            JUDGMENT OF THE COURT
      the pre-existing länder of the Federal Republic of Germany
      under a treaty concluded after that date.
                                                                                                         (Fifth Chamber)
( 1) OJ C 275 of 29.9.2001.
                                                                                                          of 8 May 2003
                                                                               in Case C-384/01: Commission of the European Communi-
                                                                                                    ties v French Republic ( 1)
                  JUDGMENT OF THE COURT
                                                                               (Failure of a State to fulfil obligations — Sixth VAT
                           (Fifth Chamber)                                     Directive — Article 12(3)(a) and (b) — Supplies of gas and
                                                                               electricity delivered by the public networks — Standing
                           of 3 April 2003                                               charge for supply networks — Reduced rate)
in Case C-277/01 P: European Parliament v Ignacio Samp-
                                  er (1)                                                                 (2003/C 146/19)
(Appeals — Officials — Reconstruction of career — Con-
                 sideration of comparative merits)                                                 (Language of the case: French)
                           (2003/C 146/18)
                                                                               (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
                     (Language of the case: French)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                               In Case C-384/01, Commission of the European Communities
                                                                               (Agents: E. Traversa and C. Giolito) v French Republic (Agents:
                                                                               G. de Bergues and P. Boussaroque): Application for a declar-
In Case C-277/01 P, European Parliament (Agents: H. von
                                                                               ation that, by applying a reduced rate of value added tax to the
Hertzen and D. Moore): Appeal against the judgment of the
                                                                               fixed part of the prices for gas and electricity supplied by the
Court of First Instance of the European Communities (Fourth
                                                                               public networks, the French Republic has failed to fulfil its
Chamber) of 3 May 2001 in Case T-99/00 Samper v Parliament
                                                                               obligations under Article 12(3)(a) and (b) of Sixth Council
[2001] ECR-SC I-A-111 and II-507, seeking to have that
                                                                               Directive 77/388/EC of 17 May 1977 on the harmonisation
judgment set aside, the other party to the proceedings being:
                                                                               of the laws of the Member States relating to turnover taxes —
Ignacio Samper employee of the European Parliament, resident
                                                                               Common system of value added tax: uniform basis of assess-
in Madrid (Spain), (represented by E. Boigelot), the Court
                                                                               ment (OJ 1977 L 145, p. 1), as amended by Council Directive
(Fifth Chamber), composed of: M. Wathelet, President of the
                                                                               96/95/EC of 20 December 1996 amending, with regard to the
Chamber, C.W.A. Timmermans, A. La Pergola, P. Jann and
                                                                               level of the standard rate of value added tax, Directive 77/388/
S. von Bahr (Rapporteur), Judges; L.A. Geelhoed, Advocate
                                                                               EEC (OJ 1996 L 338, p. 89), the Court (Fifth Chamber),
General; R. Grass, Registrar, has given a judgment on 3 April
                                                                               composed of: M. Wathelet, President of the Chamber,
2003, in which it has ruled:
                                                                               D.A.O. Edward (Rapporteur), A. La Pergola, P. Jann and
                                                                               A. Rosas, Judges; S. Alber, Advocate General; R. Grass,
1.    Annuls the judgment of the Court of First Instance of 3 May              Registrar, has given a judgment on 8 May 2003, in which it:
      2001 in Case T-99/00 Samper v Parliament;
2.    Refers the case back to the Court of First Instance for it to give       1.    Dismisses the application;
      judgment on the claims by Mr Samper for annulment of
      the decision of the European Parliament of 9 June 1999
      reconstructing his career, in so far as it sets at 1 January 1998        2.    Orders the Commission of the European Communities to pay
      the date for his promotion to Grade A 4 to take effect;                        the costs.
3.    Reserves the costs.
                                                                               (1 ) OJ C 348 of 8.12.2001.
( 1) OJ C 245 of 1.9.2001.