CELEX: C2002/118/02
Language: en
Date: 2002-05-18 00:00:00
Title: Judgement of the Court (Sixth Chamber) 14 March 2002 in Case C-340/98: Italian Republic v Council of the European Union (Sugar — Price regime — Marketing year 1998/1999 — Regionalisation — Non-deficit areas — Classification of Italy — Validity of Regulations (EC) Nos 1360/98 and 1361/98)

C 118/2                  EN                      Official Journal of the European Communities                                           18.5.2002
                JUDGEMENT OF THE COURT                                                         JUDGEMENT OF THE COURT
                          (Sixth Chamber)
                                                                                                       (Sixth Chamber)
                            14 March 2002
                                                                                                         19 March 2002
in Case C-340/98: Italian Republic v Council of the
                         European Union (1)
                                                                            in Case C-426/98: Commission of the European Communi-
                                                                                                 ties v Hellenic Republic (1)
(Sugar — Price regime — Marketing year 1998/1999 —
Regionalisation — Non-deficit areas — Classification of
Italy — Validity of Regulations (EC) Nos 1360/98 and
                                                                            (Failure by a Member State to fulfil its obligations —
                               1361/98)
                                                                            Directive 69/335/EEC — Indirect taxes on the raising of
                                                                            capital — Special charges imposed on the formation of
                           (2002/C 118/02)                                  public and private limited liability companies, on the publi-
                                                                            cation and alteration of their statutes and on the increase in
                                                                                                          their capital)
                     (Language of the case: Italian)
(Provisional translation; the definitive translation will be published                                  (2002/C 118/03)
                    in the European Court Reports)
                                                                                                  (Language of the case: Greek)
In Case C-340/98, Italian Republic (Agent: U. Leanza, assisted
by I. M. Braguglia) v Council of the European Union (Agents:                (Provisional translation; the definitive translation will be published
J. Carbery, I. Dı́ez Parra and A. Tanca), supported by Com-                                      in the European Court Reports)
mission of the European Communities (Agent: F. P. Ruggeri):
Application for annulment of Article 1 of Council Regulation
(EC) No 1361/98 of 26 June 1998 fixing, for the 1998/1999
marketing year, the derived intervention prices for white sugar,
the intervention price for raw sugar, the minimum prices for
A and B beet, and the amount of compensation for storage                    In Case C-426/98, Commission of the European Communities
costs (OJ 1998 L 185, p. 3), in so far as it omits to fix the               (Agent: D. Gouloussis) v Hellenic Republic (Agent: P. Mylono-
derived intervention price for white sugar for all areas of Italy           poulos): Application for a declaration that, by imposing, in
and thus renders applicable in Italy the intervention price for             addition to capital duty, other special charges on the capital of
white sugar fixed by Article 1(2) of Council Regulation (EC)                public and private limited liability companies on their forma-
No 1360/98 of 26 June 1998 fixing, for the 1998/1999                        tion, on the publication and alteration of their statutes and on
marketing year, certain sugar prices and the standard quality               the increase in their capital, the Hellenic Republic has failed to
of beet (OJ 1998 L 185, p. 1), and, if necessary, annulment of              fulfil its obligations under the EC Treaty and, more specifically,
Article 1(2) of Regulation No 1360/98, in so far as it also fixes           under Articles 7 and 10 of Council Directive 69/335/EEC of
the intervention price for white sugar for Italy, the Court (Sixth          17 July 1969 concerning indirect taxes on the raising of capital
Chamber), composed of: F. Macken, President of the Chamber,                 (OJ, English Special Edition 1969 (II), p. 412), as amended by
N. Colneric (Rapporteur), C. Gulmann, J.-P. Puissochet and                  Council Directive 85/303/EEC of 10 June 1985 (OJ 1985
J.N. Cunha Rodrigues, Judges; J. Mischo, Advocate General;                  L 156, p. 23), the Court (Sixth Chamber), composed of:
H. von Holstein, Deputy Registrar, has given a judgment on                  N. Colneric, President of the Second Chamber, acting for the
14 March 2002, in which it:                                                 President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet,
                                                                            R. Schintgen (Rapporteur) and V. Skouris, Judges; C. Stix-
                                                                            Hackl, Advocate General; L. Hewlett, Administrator, for the
1.    Dismisses the application;                                            Registrar, has given a judgment on 19 March 2002, in which
                                                                            it:
2.    Orders the Italian Republic to pay the costs;
3.    Orders the Commission of the European Communities to bear             1.     Declares that, by imposing, in addition to capital duty, other
      its own costs.                                                               special charges on the capital of public and private limited
                                                                                   liability companies on their formation, on the publication and
                                                                                   alteration of their statutes and on the increase in their capital,
(1) OJ C 340 of 7.11.1998.                                                         the Hellenic Republic has failed to fulfil its obligations under
                                                                                   Articles 7 and 10 of Council Directive 69/335/EEC of 17 July
                                                                                   1969 concerning indirect taxes on the raising of capital, as
                                                                                   amended by Council Directive 85/303/EEC of 10 June 1985;