CELEX: C1998/327/01
Language: en
Date: 1998-10-24 00:00:00
Title: JUDGMENT OF THE COURT of 15 September 1998 in Case C-231/96 (reference for a preliminary ruling from the Tribunale di Genova): Edilizia Industriale Siderurgica Srl (Edis) v Ministero delle Finanze (Recovery of sums paid but not due - Procedural time-limits under national law)

24.10.98             EN                  Official Journal of the European Communities                                    C 327/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
              JUDGMENT OF THE COURT                                  1. The fact that the Court has given a preliminary ruling
                                                                         interpreting a provision of Community law without
                   of 15 September 1998                                  limiting the temporal effects of its judgment does not
                                                                         affect the right of a Member State to impose a time-
in Case C-231/96 (reference for a preliminary ruling from
                                                                         limit under national law within which, on penalty of
the Tribunale di Genova): Edilizia Industriale Siderurgica
                                                                         being barred, proceedings for repayment of charges
           Srl (Edis) v Ministero delle Finanze (1)
                                                                         levied in breach of that provision must be commenced.
(Recovery of sums paid but not due Ð Procedural
               time-limits under national law)
                        (98/C 327/01)                                2. Community law does not prohibit a Member State
                                                                         from resisting actions for repayment of charges levied
                                                                         in breach of Community law by relying on a time-
                                                                         limit under national law of three years, by way of
               (Language of the case: Italian)                           derogation from the ordinary rules governing actions
                                                                         between private individuals for the recovery of sums
                                                                         paid but not due, for which the period allowed is
                                                                         more favourable, provided that that time-limit applies
                                                                         in the same way to actions based on Community law
 (Provisional translation; the definitive translation will be            for repayment of such charges as to those based on
         published in the European Court Reports)                        national law.
In Case C-231/96: reference to the Court under Article 177
of the EC Treaty from the Tribunale di Genova (District              3. In circumstances such as those of the main
Court, Genoa) (Italy), for a preliminary ruling in the                   proceedings, Community law does not prevent a
proceedings pending before that court between Edilizia                   Member State from resisting actions for repayment of
Industriale Siderurgica Srl (Edis) and Ministero delle                   charges levied in breach of a directive by relying on a
Finanze Ð on the interpretation of Community law                         time-limit under national law which is reckoned from
concerning recovery of sums unduly paid Ð the Court,                     the date of payment of the charges in question, even if,
composed of: G. C. Rodríguez Iglesias, President,                        at that date, the directive concerned had not yet been
H. Ragnemalm, M. Wathelet and R. Schintgen (Presidents                   properly transposed into national law.
of Chambers), G. F. Mancini, J. C. Moitinho de Almeida,
P. J. G. Kapteyn, D. A. O. Edward, J.-P. Puissochet
(Rapporteur), L. Sevón and K. M. Ioannou, Judges; D.                 (1) OJ C 247, 24.8.1996.
Ruiz-Jarabo Colomer, Advocate General; D. Louterman-
Hubeau, Principal Administrator, for the Registrar, has
given a judgment on 15 September 1998, in which it has
ruled: