CELEX: C2001/161/04
Language: en
Date: 2001-06-02 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 11 January 2001 in Case C-464/98 [reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien (Austria)]: Westdeutsche Landesbank Girozentrale v Friedrich Stefan, in the presence of: Republik Österreich (National rules prohibiting the registration of mortgages in foreign currencies — Breach of that prohibition before Community law entered into force in Austria — Interpretation of Article 73b of the EC Treaty (now Article 56 EC) — Whether Community law can operate to remedy the registration)

C 161/2                  EN                     Official Journal of the European Communities                                              2.6.2001
e Penale di Cagliari (Civil and Criminal District Court, Cagliari),        B. Uriarte Valiente, Avocats — application for an appeal
Italy, for a preliminary ruling in the proceedings pending                 against the order of the Court of First Instance of the European
before that court between Agricola Monte Arcosu Srl and                    Communities (First Chamber) of 14 October 1998 in Case
Regione Autonoma della Sardegna, Organismo Comprensoria-                   T-224/97 Martı́nez del Peral Cagigal v Commission [1998]
le No 24 della Sardegna, Ente Regionale per l’Assistenza                   ECR-SC I-A-581 and II-1741, seeking to have that order set
Tecnica in Agricoltura (ERSAT) — on the interpretation of                  aside: Commission of the European Communities (Agents:
Article 2(5) of Council Regulation (EEC) No 797/85 of                      J. Guerra Fernandez and F. Duvieusart-Clotuche) — the Court
12 March 1985 on improving the efficiency of agricultural                  (Fifth Chamber), composed of: D.A.O. Edward, acting as
structures (OJ 1985 L 93, p. 1) and of Article 5(5) of Council             President of the Chamber, P. Jann and L. Sevón (Rapporteur),
Regulation (EEC) No 2328/91 of 15 July 1991 on improving                   Judges; P. Léger, Advocate General; L. Hewlett, Administrator,
the efficiency of agricultural structures (OJ 1991 L 218, p. 1)            for the Registrar, has given a judgment on 11 January 2001,
— the Court (Sixth Chamber), composed of: C. Gulmann,                      in which it:
President of the Chamber, V. Skouris and F. Macken (Rappor-
teur), Judges; J. Mischo, Advocate General; H.A. Rühl, Principal           1.    Sets aside the order of the Court of First Instance of the
Administrator, for the Registrar, has given a judgment on                        European Communities of 14 October 1998 in Case
11 January 2001, in which it has ruled:                                          T-224/97 Martı́nez del Peral Cagigal v Commission;
                                                                           2.    Annuls the decision of the Commission of the European
The last subparagraph of Article 2(5) of Council Regulation (EEC)                Communities of 24 October 1996 rejecting Mrs Martı́nez del
No 797/85 of 12 March 1985 on improving the efficiency of                        Peral Cagigal’s request for a review of her classification in grade,
agricultural structures and the last subparagraph of Article 5(5) of             upheld by the decision of the Commission of 29 April 1997
Council Regulation (EEC) No 2328/91 of 15 July 1991 on                           rejecting the complaint lodged on 23 January 1997;
improving the efficiency of agricultural structures may not be relied
on before a national court by limited companies seeking to obtain the      3.    Orders the Commission of the European Communities to bear
status of farmers practising farming as their main occupation where              all the costs of the proceedings before the Court of First Instance
the legislature of a Member State has not adopted the provisions                 and the Court of Justice.
necessary for their implementation in the national legal system.
                                                                           (1) OJ C 48, 20.2.1999.
( 1) OJ C 20, 23.1.1999.
                                                                                             JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                                (Fifth Chamber)
                                                                                                     of 11 January 2001
                           (Fifth Chamber)
                                                                           in Case C-464/98 [reference for a preliminary ruling from
                         of 11 January 2001                                the Landesgericht für Zivilrechtssachen Wien (Austria)]:
                                                                           Westdeutsche Landesbank Girozentrale v Friedrich Ste-
in Case C-459/98 P: Isabel Martı́nez del Peral Cagigal v                          fan, in the presence of: Republik Österreich (1)
        Commission of the European Communities (1)
                                                                           (National rules prohibiting the registration of mortgages in
                                                                           foreign currencies — Breach of that prohibition before
(Appeal — Officials — Application for review of classifi-                  Community law entered into force in Austria — Interpret-
cation in grade — Action — Expiry of time-limits — New                     ation of Article 73b of the EC Treaty (now Article 56 EC)
                material fact — Equal treatment)                           — Whether Community law can operate to remedy the
                                                                                                         registration)
                           (2001/C 161/03)
                                                                                                       (2001/C 161/04)
                    (Language of the case: Spanish)
                                                                                               (Language of the case: German)
(Provisional translation; the definitive translation will be published     (Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                              in the European Court Reports)
In Case C-459/98 P: Isabel Martı́nez del Peral Cagigal, an                 In Case C-464/98: reference to the Court under Article 177 of
official of the Commission of the European Communities,                    the EC Treaty (now Article 234 EC) from the Landesgericht für
residing in Brussels (Belgium), represented by A. Creus and                Zivilrechtssachen Wien (Regional Civil Court, Vienna), Austria,
 ---pagebreak--- 2.6.2001                 EN                       Official Journal of the European Communities                                            C 161/3
for a preliminary ruling in the proceedings pending before that              e Penale di Genova (District Court, Genoa), Italy for a
court between Westdeutsche Landesbank Girozentrale and                       preliminary ruling in the proceedings pending before that
Friedrich Stefan, in the presence of: Republik Österreich — on              court between Kofisa Italia Srl and Ministero delle Finanze,
the interpretation of Article 73b of the EC Treaty (now                      Servizio della Riscossione dei Tributi — Concessione Provincia
Article 56 EC) — the Court (Fifth Chamber), composed                         di Genova — San Paolo Riscossioni Genova SpA — on the
of: A. La Pergola, President of the Chamber, M. Wathelet                     interpretation of Articles 243 and 244 of Council Regulation
(Rapporteur), D.A.O. Edward, P. Jann and L. Sevón, Judges;                  (EEC) No 2913/92 of 12 October 1992 establishing the
P. Léger, Advocate General; H. von Holstein, Deputy Registrar,               Community Customs Code (OJ 1992 L 302, p. 1) — the Court
for the Registrar, has given a judgment on 11 January 2001,                  (Fifth Chamber), composed of: A. La Pergola, President of the
in which it has ruled:                                                       Chamber, M. Wathelet, D.A.O. Edward, P. Jann (Rapporteur)
                                                                             and L. Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate
1.    Article 73b of the EC Treaty (now Article 56 EC) is to be              General; H.A. Rühl, Principal Administrator, for the Registrar,
      construed as precluding the application of national rules such         has given a judgment on 11 January 2001, in which it has
      as those at issue in the main proceedings, requiring a mortgage        ruled:
      securing a debt payable in the currency of another Member
      State to be registered in the national currency.                       1.    Article 243 of Council Regulation (EEC) No 2913/92 of
                                                                                   12 October 1992 establishing the Community Customs Code
2.    Article 73b of the Treaty is to be construed as meaning that it              is to be interpreted as meaning that it is for national law to
      did not apply in Austria prior to the date of accession of the               determine whether a trader must initially lodge an appeal before
      Republic of Austria to the European Union.                                   the customs authority or whether he may appeal directly to the
                                                                                   judicial authority.
3.    Article 73b of the Treaty is to be construed as incapable of
      remedying, with effect from the entry into force of the EC Treaty      2.    Article 244 of Regulation No 2913/92 is to be interpreted as
      in Austria, a mortgage registration which, under the relevant                meaning that it confers the power to suspend implementation
      national law, is vitiated from the outset by absolute and                    of a contested decision exclusively on the customs authorities.
      incurable nullity such as to render that registration non-existent.          However, that provision does not limit the power of the judicial
                                                                                   authorities seised of a dispute pursuant to Article 243 of that
                                                                                   regulation to order such suspension in order to comply with
(1) OJ C 71, 13.3.1999.                                                            their obligation to ensure the full effectiveness of Community
                                                                                   law.
                                                                             (1) OJ C 71, 13.3.1999.
                  JUDGMENT OF THE COURT
                           (Fifth Chamber)
                                                                                               JUDGMENT OF THE COURT
                         of 11 January 2001
                                                                                                        (Fifth Chamber)
in Case C-1/99 [reference for a preliminary ruling from
the Tribunale Civile e Penale di Genova (Italy)]: Kofisa                                              of 11 January 2001
Italia Srl v Ministero delle Finanze, Servizio della Riscos-
sione dei Tributi — Concessione Provincia di Genova —                        in Case C-226/99 [reference for a preliminary ruling from
             San Paolo Riscossioni Genova SpA (1)                            the Tribunale Civile e Penale di Genova (Italy)]: Siples Srl,
                                                                             in liquidation v Ministero delle Finanze, Servizio della
(Reference for a preliminary ruling — Jurisdiction of the                    Riscossione dei Tributi — Concessione Provincia di
Court — National legislation adopting Community pro-                               Genova — San Paolo Riscossioni Genova SpA (1)
visions — Community Customs Code — Appeal — Manda-
tory nature of the two stages of the appeal — Suspension of                  (Common Customs Code — Appeals — Suspension of
   implementation of a decision of the customs authorities)                     implementation of a decision of the customs authorities)
                           (2001/C 161/05)                                                              (2001/C 161/06)
                     (Language of the case: Italian)                                              (Language of the case: Italian)
(Provisional translation; the definitive translation will be published       (Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                               in the European Court Reports)
In Case C-1/99: reference to the Court under Article 177 of                  In Case C-226/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Tribunale Civile                 the EC Treaty (now Article 234 EC) from the Tribunale Civile