CELEX: C2004/021/03
Language: en
Date: 2004-01-24 00:00:00
Title: Lists to be used for determining the composition of formations of the Court

24.1.2004             EN                    Official Journal of the European Union                                            C 21/1
                                                                 I
                                                          (Information)
                                             COURT OF JUSTICE
                                                      COURT OF JUSTICE
       Taking of the oath by a new Judge at the Court               Lists to be used for determining the composition of
                                                                                        formations of the Court
                         (2004/C 21/01)
                                                                                              (2004/C 21/03)
Having been appointed as Judge of the Court of Justice of the       At its meeting of 13 January 2004 the Court drew up the list
European Communities by decision of the Representatives of          referred to in Article 11b(2) of the Rules of Procedure for the
the Governments of the Member States of 23 October 2003 (1),        purposes of determining the composition of the Grand
Sir Konrad Schiemann took the oath before the Court on              Chamber as follows:
7 January 2004.
                                                                    —     Mr Gulmann
(1) OJ L 285, 1.11.2003, p. 42.                                     —     Sir Konrad Schiemann
                                                                    —     Mr La Pergola
                                                                    —     Mr Lenaerts
                                                                    —     Mr Puissochet
          Assignment of a new Judge to Chambers                     —     Ms Silva de Lapuerta
                                                                    —     Mr Schintgen
                         (2004/C 21/02)
                                                                    —     Mr Rosas
                                                                    —     Ms Macken
At its meeting of 13 January 2004 the Court of Justice of the
European Communities decided to assign Sir Konrad to the            —     Mr Cunha Rodrigues
First and Third Chambers.
                                                                    —     Ms Colneric
The First and Third Chambers are in consequence composed            —     Mr von Bahr
as follows:
                                                                    At its meeting of 13 January 2004 the Court drew up the lists
First Chamber                                                       referred to in the first paragraph of Article 11c(2) of the Rules
                                                                    of Procedure for the purposes of determining the composition
Mr Jann, President of the Chamber,                                  of the First and Third Chambers as follows:
                                                                    First Chamber
and Mr Rosas, Mr La Pergola, Mr von Bahr, Ms Silva de
Lapuerta, Mr Lenaerts and Sir Konrad Schiemann, Judges.             —     Mr La Pergola
Third Chamber                                                       —     Sir Konrad Schiemann
Mr Rosas, President of the Chamber,                                 —     Mr von Bahr
and Mr Schintgen, Ms Colneric and Sir Konrad Schiemann,             —     Mr Lenaerts
Judges.                                                             —     Mr Rosas
                                                                    —     Ms Silva de Lapuerta
 ---pagebreak--- C 21/2                    EN                           Official Journal of the European Union                                               24.1.2004
Third Chamber                                                                        membership of the European Communities (Community law for
                                                                                     1990), which is construed and applied by the administrative
—      Mr Schintgen                                                                  authorities and a substantial proportion of the courts, including
                                                                                     the Corte suprema di cassazione (Italy), in such a way that the
—      Ms Colneric                                                                   exercise of the right to repayment of charges levied in breach of
                                                                                     Community rules is made excessively difficult for the taxpayer,
—      Sir Konrad Schiemann                                                          the Italian Republic has failed to fulfil its obligations under the
                                                                                     EC Treaty;
                                                                               2.    Orders the Italian Republic to pay the costs.
                                                                               (1) OJ C 163 of 10.6.2000.
                  JUDGMENT OF THE COURT
                         of 9 December 2003
in Case C-129/00: Commission of the European Communi-
                       ties v Italian Republic (1)                                               JUDGMENT OF THE COURT
(Failure of a Member State to fulfil obligations — Construc-                                             (Sixth Chamber)
tion contrary to Community law of national legislation by
case-law and administrative practice — Conditions for the                                             of 27 November 2003
              recovery of sums paid though not due)
                                                                               in Case C-185/00: Commission of the European Communi-
                             (2004/C 21/04)                                                       ties v Republic of Finland (1)
                      (Language of the case: Italian)                          (Failure of a Member State to fulfil its obligations —
                                                                               Directives 92/81/EEC and 92/82/EEC — Rates of excise
(Provisional translation; the definitive translation will be published         duties on mineral oils — Fiscal control — Use of gas oil as
                     in the European Court Reports)                                                          motor fuel)
                                                                                                           (2004/C 21/05)
In Case C-129/00, Commission of the European Communities
                                                                                                   (Language of the case: Finnish)
(Agent: E. Traversa, assisted by P. Biavati) v Italian Republic
(Agent: I. M. Braguglia): Application for a declaration that, by
maintaining in force Article 29(2) of Law No 428 of 29 Decem-                  (Provisional translation; the definitive translation will be published
ber 1990 entitled ‘Disposizioni per l’adempimento di obblighi                                      in the European Court Reports)
derivanti dall’appartenenza dell’Italia alle Comunità europee
(legge comunitaria per il 1990)’ (Provisions for the fulfilment of
obligations deriving from Italy’s membership of the European                   In Case C-185/00, Commission of the European Communities
Communities (Community law for 1990) (GURI, Ordinary                           (Agents: E. Traversa and I. Koskinen) with an address for
Supplement No 10 of 12 January 1991, p. 5) which, as                           service in Luxembourg, supported by Kingdom of Sweden
construed and applied by the administrative authorities and                    (Agents: I. Simfors and A. Kruse) v Republic of Finland (Agents:
the courts, allows rules of evidence in relation to the passing                T. Pynnä and E. Bygglin) with an address for service in
on to third parties of the amount of charges levied in breach                  Luxembourg: Application for a declaration that, by main-
of Community rules which make exercise of the right to                         taining in force the laws and regulations on the use of gas oil
repayment of such charges virtually impossible or, at least,                   as a motor fuel, as they are applied in practice, the Republic of
excessively difficult for the taxpayer, the Italian Republic has               Finland has failed to fulfil its obligations under Article 8(2) and
failed to fulfil its obligations under the EC Treaty, the Court,               (3) of Council Directive 92/81/EEC of 19 October 1992 on
composed of: V. Skouris, President, P. Jann, C. W. A. Timmer-                  the harmonisation of the structures of excise duties on mineral
mans, C. Gulmann, J. N. Cunha Rodrigues and A. Rosas,                          oils (OJ 1992 L 316, p. 12) and Article 5(1) of Council Directive
(Presidents of Chambers), D. A. O. Edward, A. La Pergola,                      92/82/EEC of 19 October 1992 on the approximation of
J.-P. Puissochet (Rapporteur), R. Schintgen, F. Macken, N. Col-                the rates of excise duties on mineral oils (OJ 1992 L 316,
neric and S. von Bahr, Judges; L.A. Geelhoed, Advocate General;                p. 19), the Court (Sixth Chamber), composed of: V. Skouris
L. Hewlett, Principal Administrator, for the Registrarm, has                   (Rapporteur), President, C. Gulmann, J.-P. Puissochet,
given a judgment on 9 December 2003, in which it:                              F. Macken and N. Colneric, Judges; L.A. Geelhoed, Advocate
                                                                               General; H. von Holstein, Deputy Registrar, has given a
1.     Declares that, by failing to amend Article 29(2) of Law                 judgment on 27 November 2003, in which it:
       No 428 of 29 December 1990 entitled ‘Disposizioni per
       l’adempimento di obblighi derivanti dall’appartenenza dell’Italia       1.    Declares that by maintaining in force the laws and regulations
       alle Comunità europee (legge comunitaria per il 1990)’                        on the use of gas oil as a fuel, as they are applied in practice,
       (Provisions for the fulfilment of obligations deriving from Italy’s           the Republic of Finland has failed to fulfil its obligations under