CELEX: C1999/001/03
Language: en
Date: 1999-01-04 00:00:00
Title: JUDGMENT OF THE COURT of 17 November 1998 in Case C-228/96 (reference for a preliminary ruling from the Giudice Conciliatore, Milan): Aprile Srl, in liquidation v. Amministrazione delle Finanze dello Stato (Charges having equivalent effect - Recovery of sums paid but not due - Procedural time-limits under national law) (1999/C 1/03)

C 1/2                  EN                Official Journal of the European Communities                                    4.1.1999
Belgium, represented by O. W. Brouwer, of the                                      JUDGMENT OF THE COURT
Amsterdam Bar, and F. P. Louis and P. Wytinck, both of
the Brussels Bar, with an address for service in                                        of 17 November 1998
Luxembourg at the Chambers of M. Loesch, 11 Rue
Goethe Ð appeal against the judgment of the Court of                in Case C-228/96 (reference for a preliminary ruling from
First Instance of the European Communities (Second                  the Giudice Conciliatore, Milan): Aprile Srl, in liquidation
Chamber, Extended Composition) of 12 December 1996                         v. Amministrazione delle Finanze dello Stato (1)
in Case T-87/92 Kruidvat v. Commission [1996] ECR
II-1931, seeking to have that judgment set aside, the other         (Charges having equivalent effect Ð Recovery of sums
parties to the proceedings being: Commission of the                 paid but not due Ð Procedural time-limits under national
European Communities (Agent: B. J. Drijber), supported                                           law)
by Parfums Givenchy SA, a company incorporated under
French law, established in Levallois-Perret, France,                                        (1999/C 1/03)
represented by F. Bizet, of the Paris Bar, with an address
for service in Luxembourg at the Chambers of A. May, 31
Grand-Rue, ComiteÂ de Liaison des Syndicates EuropeÂens
de l'Industrie de la Parfumerie et des CosmeÂtiques
(Colipa), an international non-profit-making association                            (Language of the case: Italian)
governed by Belgian law, having its headquarters in
Brussels, represented by F. Herbert, of the Brussels Bar,
with an address for service in Luxembourg at the
Chambers of C. Zeyen, 56-58 Rue Charles Martel, and
FeÂdeÂration EuropeÂenne des Parfumeurs DeÂtaillants
(FEPD), an association of national federations or unions             (Provisional translation; the definitive translation will be
governed by French law, having its headquarters in Paris,                     published in the European Court Reports)
represented by R. Verniau, of the Lyons Bar Ð the Court,
composed of: G. C. Rodríguez Iglesias, President, J.-P.
Puissochet, G. Hirsch, P. Jann (Rapporteur) (Presidents of
Chambers), G. F. Mancini, C. Gulmann, J. L. Murray,
D. A. O. Edward, H. Ragnemalm, L. Sevón and M.                      In Case C-228/96: reference to the Court under Article 177
Wathelet, Judges; N. Fennelly, Advocate-General; R.                 of the EC Treaty from the Giudice Conciliatore
Grass, Registrar, has given a judgment on 17 November               (Judge-Conciliator), Milan (Italy) for a preliminary ruling
1998, in which it:                                                  in the proceedings pending before that court between
                                                                    Aprile Srl, in liquidation and Amministrazione delle
                                                                    Finanze dello Stato Ð on the interpretation of Community
                                                                    law concerning the recovery of sums paid but not due Ð
                                                                    the Court, composed of: G. C. Rodríguez Iglesias,
                                                                    President, P. J. G. Kapteyn and J.-P. Puissochet
1. Dismisses the appeal;                                            (Rapporteur), (Presidents of Chambers), G. F. Mancini,
                                                                    J. C. Moitinho de Almeida, C. Gulmann, J. L. Murray, L.
                                                                    Sevón, M. Wathelet, R. Schintgen and K. M. Ioannou,
                                                                    Judges; D. Ruiz-Jarabo Colomer, Advocate-General; L.
                                                                    Hewlett, Administrator, for the Registrar, has given a
                                                                    judgment on 17 November 1998, in which it has ruled:
2. Orders Kruidvat BVBA to pay the costs of the
     Commission and of the intervener Parfums Givenchy
     SA, and to bear its own costs;
                                                                    1. Community law does not preclude the application of a
                                                                        national provision which, for all actions for repayment
                                                                        of customs charges, imposes a special time-limit of
                                                                        five, and subsequently three, years, instead of the
                                                                        ordinary limitation period of ten years for actions for
3. Orders the ComiteÂ de Liaison des Syndicats EuropeÂens
                                                                        the recovery of sums paid but not due, provided that
     de l'Industrie de la Parfumerie et des CosmeÂtiques and
                                                                        that time-limit, which is similar to that imposed for
     the FeÂdeÂration EuropeÂenne des Parfumeurs DeÂtaillants
                                                                        certain taxes, applies in the same way to actions based
     to bear their own costs.
                                                                        on Community law for repayment of such charges as
                                                                        to those based on national law.
(1) OJ C 131, 26.4.1997.
                                                                    2. In circumstances such as those of the main
                                                                        proceedings, Community law does not prohibit a
                                                                        Member State from resisting actions for repayment of
                                                                        charges levied in breach of Community law by relying
 ---pagebreak--- 4.1.1999             EN                   Official Journal of the European Communities                                        C 1/3
     on a time-limit under national law even if that                 3. Orders the Commission of the European Communities
     Member State has not yet amended its national rules                  to bear its own costs.
     in order to render them compatible with those
     provisions.
                                                                     (1) OJ C 351, 10.12.1994.
(1) OJ C 269, 14.9.1996.
                                                                                     JUDGMENT OF THE COURT
                                                                                             (Sixth Chamber)
              JUDGMENT OF THE COURT
                                                                                          of 19 November 1998
                       (Sixth Chamber)
                                                                     in Case C-159/96: Portuguese Republic v. Commission of
                    of 19 November 1998                                               the European Communities (1)
in Case C-284/94: Kingdom of Spain v. Council of the                 (Commercial policy Ð Quantitative limits on imports of
European Union supported by Commission of the                        textil products Ð Products originating in the People's
                  European Communities (1)                           Republic of China Ð Additional imports Ð Commission's
                                                                                        powers of implementation)
(Action for annulment Ð Common commercial policy Ð
Regulations (EC) No 519/94 and (EC) No 1921/94 Ð                                              (1999/C 1/05)
Import quotas for certain toys from the People's Republic
                           of China)
                         (1999/C 1/04)                                              (Language of the case: Portuguese)
               (Language of the case: Spanish)
                                                                       (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
  (Provisional translation; the definitive translation will be
                                                                     In Case C-159/96: Portuguese Republic (Agents: Luís
         published in the European Court Reports)
                                                                     Fernandes and Maria Luísa Durante) v. Commission of
                                                                     the European Communities (Agents: Marc de Pauw and
                                                                     Francisco de Sousa Fialho) Ð application for annulment
                                                                     of the Commission's practice of applying exceptional
In Case C-284/94: Kingdom of Spain (Agents: Alberto                  flexibility' measures in the administration of quantitative
Navarro GonzaÂlez and Gloria Calvo DiaÂz) v. Council of              limits on importation into the European Community of
the European Union (Agents: Bjarne Hoff-Nielsen, Guus                textile products and clothing from non-member countries
Houttuin and Diego Canga Fano), supported by                         and, specifically, of the decision adopted by the
Commission of the European Communities (Agents:                      Commission following the meeting of the Textile
Miguel Díaz-Llanos, Patrick Hetsch and Carlos Gómez de               Committee of 6 March 1996 concerning textile products
la Cruz Ð Application for the annulment of Council                   originating from the People's Republic of China Ð the
Regulation (EC) No 1921/94 of 25 July 1994 amending                  Court (Sixth Chamber), composed of: P. J. G. Kapteyn
Regulation (EC) No 519/94 on common rules for imports                (Rapporteur), President of the Chamber, G. Hirsch, G. F.
from certain third countries (OJ L 198, 30.7.1994, p. 1)             Mancini, H. Ragnemalm and K. M. Ioannou, Judges;
Ð the Court (Sixth Chamber), composed of P. J. G.                    A. Saggio, Advocate-General; H. A. Rühl, Principal
Kapteyn, President of the Chamber, G. F. Mancini                     Administrator, for the Registrar, has given a judgment on
(Rapporteur) and J. L. Murray, Judges; P. LeÂger,                    19 November 1998, in which it:
Advocate-General; H. von Holstein, Deputy Registrar, has
given a judgment on 19 November 1998, in which it:
                                                                     1. Declares the action inadmissible as regards the claim
                                                                          for annulment of the practice of exceptional
1. Dismisses the application;                                             flexibility' measures followed by the Commission of
                                                                          the European Communities in the administration of
                                                                          quantitative limits on the importation into the
                                                                          Community of textile products and clothing
2. Orders the Kingdom of Spain to pay the costs;                          originating in non-member countries;