CELEX: C1995/189/03
Language: en
Date: 1995-07-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 1 June 1995 in Case C-40/93: Commission of the European Communities v. Italian Republic (Failure to fulfil obligations - Directives 78/686/EEC and 78/687/EEC)

No C 189/2              EN                   Official Journal of the European Communities                                       22 . 7 . 95
Ascoli Piceno awarded a private contract for the 11th and               right of establishment and freedom to provide services (2),
12th supplementary reports for the completion of the                    the Italian Republic has failed to fulfil its obligations under
section of rapid transit highway 'Ascoli—Mare ' entitled                that Article and under Article 1 of Council Directive
' Stage IV — Project 5134' and failed to publish a notice of            78/687/EEC of 25 July 1978 concerning the coordination of
invitation to tender in the Official Journal of the European            provisions laid down by law, regulation or administrative
Communities, the Italian Republic has failed to fulfil its              action in respect of the activities of dental practitioners ( 3 )
obligations under Council Directive 71/305/EEC of 26 July               — the Court ( Fifth Chamber), composed of: C. Gulmann,
1971 concerning the coordination of procedures for the                  President of the Chamber, P. Jann, J. C. Moitinho de
award of public works contracts (2 ) — the Court, composed              Almeida, D. A. . O. Edward ( Rapporteur ) and J.-P.
of: G. C. Rodriguez Iglesias , President, F. A. Schockweiler            Puissochet, Judges; P. Léger, Advocate-General; L. Hewlett,
( Rapporteur ), P. J. G. Kapteyn and P. Jann ( Presidents of            Administrator, for the Registrar, has given a judgment on
Chambers ), G. F. Mancini, C. N. Kakouris, J. C. Moitinho               1 June 1995 , in which it:
de Almeida , J. L. Murray, J. -P. Puissochet, G. Hirsch and H.
Ragnemalm, Judges ; M. B. Elmer, Advocate-General; L.                   1 , declares that, by deferring, by Law No 471 of
Hewlett, Administrator, for the Registrar, gave a judgment                    31 October 1988, until 1984/85, with regard to
on 18 May 1 995 , the operative part of which is as                           diplomas in medicine and surgery, the final date set in
follows :                                                                     Article 19 of the Council Directive 78/686/EEC of
                                                                              25 July 1978 concerning the mutual recognition of
1 , in so far as the provincial administration of Ascoli                      diplomas, certificates and other evidence of the formal
      Piceno awarded a private contract for the 11th and 12th                 qualifications of practitioners of dentistry, including
      supplementary reports for the completion of the section                 measures to facilitate the effective exercise ofthe right of
      ofrapid transit highway 'Ascoli-Mare ' entitled 'Stage IV               estrablishment and freedom to provide services, the
      — Project 5134 ' and failed to publish a notice of                      Italian Republic has failed to fulfil its obligations under
      invitation to tender in the Official Journal of the                     that Article and under Article 1 of Council Directive
      European Communities, the Italian Republic has failed                   78/6871EEC of 25 July 1978 concerning the
      to fulfil its obligations under Council Directive                       coordination ofprovisions laid down by law, regulation
      71 /305/EEC of 26 July 1971 concerning the                              or administrative action in respect of the activities of
      coordination of procedures for the award of public                      dental practitioners;
      works contracts;
                                                                        2 , orders the Italian Republic to pay the costs.
2 , the Italian Republic is ordered to pay the costs.
                                                                        (!) OJ No C 70, 12 . 3 . 1993 .
(M OJ No C 90 , 26 . 3 . 1994 .                                         (2 ) OJ No L 233 , 24 . 8 . 1978 , p . 1 .
( 2 ) OJ No L 185 , 16 . 8 . 1971 , p . 5 .                             ( 3 ) OJ No L 233 , 24 . 8 . 1978 , p . 10 .
                JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                          (Fifth Chamber)                                                        ( Third Chamber)
                           of 1 June 1995                                                          of 1 June 1995
        in Case C-40/93 : Commission of the European                    in Case C-459/93 ( reference for a preliminary ruling from
              Communities v. Italian Republic (*)                       the Bundesfinanzhof): Hauptzollamt Hamburg-St. Annen
 (Failure to fulfil obligations — Directives 78/686/EEC and                          v. Thyssen Haniel Logistic GmbH ( x )
                              78/687/EEC)                                (Common Customs Tariff — Council Regulation (EEC)
                             ( 95/C 189/03 )                            No 3618/86 — Tariff headings 21.07 and 30.03 —
                                                                        Mixtures ofamino acids usedfor thepreparation ofinfusion
                                                                                                        solutions)
                 (Language of the case: Italian)
                                                                                                     ( 95/C 189/04 )
 (Provisional translation; the definitive translation will be
           published in the European Court Reports)                                      (Language of the case: German)
In Case C-40/93 : Commission of the European                             (Provisional translation; the definitive translation will be
Communities ( Agent: Enrico Traversa ) v . Italian Republic                        published in the European Court Reports)
 ( Agent: Umberto Leanza ) — application for a declaration
that, by deferring, by Law No 471 of 31 October 1988 , until            In Case C-459/93 : reference to the Court under Article 177
 1984/85 , with regard to diplomas in medicine and surgery,             of the EC Treaty by the Bundesfinanzhof ( German Federal
the final date set in Article 19 of Council Directive                   Finance Court) for a preliminary ruling in the proceedings
 78/686/EEC of 25 July 1978 concerning the mutual                       pending before that court between Hauptzollamt
recognition of diplomas, certificates and other evidence of             Hamburg-St. Annen and Thyssen Haniel Logistic GmbH on
the formal qualifications of practitioners of dentistry,                the interpretation of tariff headings 21.07 and 30.03 of
including measures to facilitate the effective exercise of the          the Common Customs Tariff as amended by Council