CELEX: C2000/372/03
Language: en
Date: 2000-12-23 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 19 October 2000 in Case C-216/98: Commission of the European Communities v Hellenic Republic (Failure of a State to fulfil obligations — Directive 95/59/EC — Article 9 — Minimum price — Manufactured tobacco)

C 372/2                 EN                     Official Journal of the European Communities                                        23.12.2000
Sardegna Lines — Servizi Marittimi della Sardegna SpA                                      JUDGMENT OF THE COURT
established in Cagliari, Italy, represented by F. Caruso, U. Iacca-
rino, B. Carnevale and C. Caruso, of the Naples Bar, with an
address for service in Brussels at the Chambers of F. Caruso,                                      (Sixth Chamber)
2A Rue Van Moer (C-105/99) v Commission of the European
Communities (Agents: D. Triantafyllou and S. Dragone) —
application for annulment, in Cases C-15/98 and C-105/99,                                        of 19 October 2000
of Commission Decision 98/95/EC of 21 October 1997
concerning aid granted by the Region of Sardinia (Italy) to
shipping companies in Sardinia (OJ 1998 L 20, p. 30) and, in
                                                                          in Case C-216/98: Commission of the European Communi-
Case C-15/98, of the letter of 14 November 1997 by which
                                                                                             ties v Hellenic Republic (1)
the Commission notified the Italian Republic of its decision to
initiate the procedure provided for in Article 93(2) of the EC
Treaty (now Article 88(2) EC) regarding aid to the shipping
sector (loans/leases at concessionary conditions for the acqui-           (Failure of a State to fulfil obligations — Directive 95/59/EC
sition, conversion and repair of vessels): amendment of aid                 — Article 9 — Minimum price — Manufactured tobacco)
scheme under C 23/96 (ex NN 181/95) (OJ 1997 C 386, p. 6)
— the Court (Sixth Chamber), composed of: C. Gulmann,
President of the Chamber, J.-P. Puissochet (Rapporteur) and                                         (2000/C 372/03)
F. Macken, Judges; N. Fennelly, Advocate General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on
19 October 2000, in which it:
                                                                                              (Language of the case: Greek)
1.    Dismisses as inadmissible the Italian Republic’s application in
      respect of the letter of 14 November 1997 by which the              (Provisional translation; the definitive translation will be published
      Commission notified the Italian Republic of its decision to                            in the European Court Reports)
      initiate the procedure provided for in Article 93(2) of the EC
      Treaty (now Article 88(2) EC) regarding aid to the shipping
      sector (loans/leases at concessionary conditions for the acqui-     In Case C-216/98: Commission of the European Communities
      sition, conversion and repair of vessels): amendment of aid         (Agents: M. Condou-Durande and E. Traversa) v Hellenic
      scheme under C 23/96 (ex NN 181/95);                                Republic (Agents: P. Mylonopoulos, and N. Dafniou) —
                                                                          application for a declaration that, by adopting and maintaining
                                                                          in force legislative provisions which require minimum retail
                                                                          selling prices for manufactured tobacco to be determined by
2.    Annuls Commission Decision 98/95/EC of 21 October 1997              ministerial decree, the Hellenic Republic has failed to fulfil its
      concerning aid granted by the Region of Sardinia (Italy) to         obligations under Article 9 of Council Directive 95/59/EC of
      shipping companies in Sardinia;                                     27 November 1995 on taxes other than turnover taxes which
                                                                          affect the consumption of manufactured tobacco (OJ 1995
                                                                          L 291, p. 40) — the Court (Sixth Chamber), composed of:
                                                                          J.-P. Puissochet, acting as President of the Sixth Chamber,
3.    In Case C-15/98, orders the Italian Republic and the Com-           R. Schintgen and F. Macken (Rapporteur), Judges; F.G. Jacobs,
      mission of the European Communities to bear their own costs;        Advocate General; L. Hewlett, Administrator, for the Registrar,
                                                                          has given a judgment on 19 October 2000, in which it:
                                                                          1.    Declares that, by adopting and maintaining in force legislative
4.    In Case C-105/99, orders the Commission of the European                   provisions which require minimum retail selling prices for
      Communities to pay the costs.                                             manufactured tobacco to be determined by ministerial decree,
                                                                                the Hellenic Republic has failed to fulfil its obligations under
                                                                                Article 9 of Council Directive 95/59/EC of 27 November
                                                                                1995 on taxes other than turnover taxes which affect the
                                                                                consumption of manufactured tobacco;
(1) OJ C 94 of 28.3.1998.
                                                                          2.    Orders the Hellenic Republic to pay the costs.
                                                                          (1) OJ C 258 of 15.8.1998.