CELEX: C2002/233/15
Language: en
Date: 2002-09-28 00:00:00
Title: Judgment of the Court (Fourth Chamber) 4 July 2002 in Case C-173/01: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil its obligations — Directive 1999/20/EC — Failure to implement within the period prescribed)

C 233/10                EN                      Official Journal of the European Communities                                          28.9.2002
                  JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                         (Third Chamber)                                                            (Fourth Chamber)
                                                                                                        4 July 2002
                            13 June 2002
                                                                           in Case C-173/01: Commission of the European Communi-
in Case C-353/00 (Reference for a preliminary ruling from                                      ties v Hellenic Republic (1)
the VAT and Duties Tribunal, Manchester): Keeping
Newcastle Warm Limited v Commissioners of Customs
                             & Excise ( 1)                                 (Failure by a Member State to fulfil its obligations —
                                                                           Directive 1999/20/EC — Failure to implement within the
                                                                                                     period prescribed)
(Sixth VAT Directive — Article 11A(1)(a) — Taxable
  amount — Consideration for goods or services — Subsidy)                                             (2002/C 233/15)
                          (2002/C 233/14)                                                       (Language of the case: Greek)
                                                                           (Provisional translation; the definitive translation will be published
                    (Language of the case: English)                                            in the European Court Reports)
                                                                           In Case C-173/01, Commission of the European Communities
In Case C-353/00: Reference to the Court under Article 234
                                                                           (Agent: M. Condou-Durande) v Hellenic Republic (Agents:
EC by the VAT and Duties Tribunal, Manchester (United
                                                                           N. Tsiros and N. Dafniou): Application for a declaration that,
Kingdom), for a preliminary ruling in the proceedings pending
                                                                           by failing to adopt within the period prescribed the laws,
before that court between Keeping Newcastle Warm Limited
                                                                           regulations and administrative provisions necessary to comply
and Commissioners of Customs & Excise, on the interpretation
                                                                           with Council Directive 1999/20/EC of 22 March 1999
of Article 11A(1)(a) of Sixth Council Directive 77/388/EEC of              amending Directives 70/524/EEC concerning additives in
17 May 1977 on the harmonisation of the laws of the Member
                                                                           feedingstuffs, 82/471/EEC concerning certain products used in
States relating to turnover taxes — Common system of value
                                                                           animal nutrition, 95/53/EC fixing the principles governing the
added tax: uniform basis of assessment (OJ 1977 L 145, p. 1),
                                                                           organisation of official inspections in the field of animal
the Court (Third Chamber), composed of: F. Macken, President
                                                                           nutrition and 95/69/EC laying down the conditions and
of the Chamber, C. Gulmann (Rapporteur) and J.-P. Puissochet,
                                                                           arrangements for approving and registering certain establish-
Judges; C. Stix-Hackl, Advocate General; H. A. Rühl, Principal
                                                                           ments and intermediaries operating in the animal feed sector
Administrator, for the Registrar, has given a judgment on
                                                                           (OJ 1999 L 80, p. 20), the Hellenic Republic has failed to fulfil
13 June 2002, in which it has ruled:
                                                                           its obligations under the EC Treaty and that directive, the
                                                                           Court (Fourth Chamber), composed of: S. von Bahr, President
                                                                           of the Chamber, D. A. O. Edward and C. W. A. Timmermans
Article 11A(1)(a) of the Sixth Council Directive 77/388/EEC of             (Rapporteur), Judges; A. Tizzano, Advocate General; R. Grass,
17 May 1977 on the harmonisation of the laws of the Member                 Registrar, has given a judgment on 4 July 2002, in which it:
States relating to turnover taxes — Common system of value added
tax: uniform basis of assessment is to be interpreted as meaning that
a sum such as that paid in the case in the main proceedings                1.    Declares that, by failing to adopt within the period prescribed
constitutes part of the consideration for the supply of services and             the laws, regulations and administrative provisions necessary to
forms part of the taxable amount in respect of that supply for the               comply with Council Directive 1999/20/EC of 22 March
purposes of value added tax.                                                     1999 amending Directives 70/524/EEC concerning additives
                                                                                 in feedingstuffs, 82/471/EEC concerning certain products used
                                                                                 in animal nutrition, 95/53/EC fixing the principles governing
                                                                                 the organisation of official inspections in the field of animal
( 1) OJ C 335 of 25.11.2000.                                                     nutrition and 95/69/EC laying down the conditions and
                                                                                 arrangements for approving and registering certain establish-
                                                                                 ments and intermediaries operating in the animal feed sector,
                                                                                 the Hellenic Republic has failed to fulfil its obligations under
                                                                                 that Directive.
 ---pagebreak--- 28.9.2002               EN                       Official Journal of the European Communities                                           C 233/11
2.    Orders the Hellenic Republic to pay the costs.                                            ORDER OF THE COURT
( 1) OJ C 212 of 28.7.2001.                                                                         (Second Chamber)
                                                                                                      of 18 July 2002
                                                                            in Case C-136/01 P: Autosalone Ispra dei Fratelli Rossi
                                                                                    Snc v European Atomic Energy Community ( 1)
                    ORDER OF THE COURT
                                                                            (Appeal — Claim for compensation — Non-contractual
                         (Sixth Chamber)                                    liability — Flooding — Blocked drain — Limitation period
                                                                                         — No interruption of limitation period)
                           of 2 May 2002
                                                                                                      (2002/C 233/17)
in Case C-129/01 (reference for a preliminary ruling from
the Tribunale di Bologna): Condominio Facchini Orsini v
                     Kone Ascensori SpA (1)                                                     (Language of the case: Italian)
             (Preliminary ruling — Inadmissibility)                         (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
                          (2002/C 233/16)
                    (Language of the case: Italian)
                                                                            In Case C-136/01 P: Autosalone Ispra dei Fratelli Rossi Snc,
                                                                            established in Ispra (Italy), (Lawyer: F. Venuti), appeal against
(Provisional translation; the definitive translation will be published      the order of the Court of First Instance of the European
                   in the European Court Reports)                           Communities (Second Chamber) of 17 January 2001 in Case
                                                                            T-124/99 Autosalone Ispra dei Fratelli Rossi v EAEC [2001]
                                                                            ECR II-53, seeking to have that order set aside, the other
                                                                            party to the proceedings being: European Atomic Energy
                                                                            Community, represented by the Commission of the European
In Case C-129/01: reference to the Court under Article 234                  Communities (Agents: H. Speyart and P. Stancanelli) —
EC from the Tribunale di Bologna (Italy) for a preliminary                  the Court (Second Chamber), composed of: N. Colneric
ruling in the proceedings pending before that court between                 (Rapporteur), President of the Chamber, R. Schintgen and
Condominio Facchini Orsini and Kone Ascensori SpA — on                      V. Skouris, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
the interpretation of Article 2(b) of Council Directive 93/13/              R. Grass, Registrar, has given a judgment on 18 July 2002, the
EEC of 5 April 1993 on unfair terms in consumer contracts                   operative part of which is as follows:
(OJ 1993 L 95, p. 29) — the Court (Sixth Chamber), composed
of: F. Macken, President of the Chamber, N. Colneric, C. Gul-
mann, J.-P. Puissochet and V. Skouris, Judges; J. Mischo,
Advocate General; R. Grass, Registrar, has made an order on                 1.    The appeal is dismissed.
2 May 2002, in which it has ruled:
                                                                            2.    Autosalone Ispra dei Fratelli Rossi Snc is ordered to pay the
The question submitted for a preliminary ruling by the Tribunale di               costs.
Bologna, by order of 20 February 2001, is inadmissible.
                                                                            (1 ) OJ C 150, 19.5.2001.
( 1) OJ C 173, 16.6.2001.