CELEX: C1996/133/21
Language: en
Date: 1996-05-04 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 7 March 1996 in Case C-360/93: European Parliament v. Council of the European Union (Common commercial policy - Services - Government procurement)

4 . 5 . 96             EN                  Official Journal of the European Communities                                No C 133/ 11
               JUDGMENT OF THE COURT                                  Reference for a preliminary ruling by the Commissione
                        ( Sixth Chamber )                             Tributaria di Primo Grado di Reggio Emilia by order of that
                                                                      court of 15 June 1995 in the case of Max Mara Fashion
                        of 7 March 1996                               Group SRL against Ufficio del Registro di Reggio Emilia
in Case C-360/93 : European Parliament v. Council of the                                        Case C-307/95 )
                       European Union (')                                                        ( 96/C 133/22 )
(Common commercial policy — Services — Government
                           procurement)                               Reference has been made to the Court of Justice of the
                           ( 96/C 133/21 )                            European Communities by order of the Commissione
                                                                      Tributaria di Primo Grado (Tax Court of First Instance ),
                                                                      Reggio Emilia of 15 June 1995 , which was received at the
                  (Language of the case: French)                      Court Registry on 27 September 1995 , for a preliminary
                                                                      ruling in the case of Max Mara Fashion Group SRL against
(Provisional translation; the definitive translation will be          Ufficio del Registro di Reggio Emilia . The Commissione
           published in the European Court Reports)                   Tributaria made a reference for a preliminary ruling under
                                                                      Article 177 of the EC Treaty on the interpretation of
                                                                      Council Directive 69/335/EEC of 17 July 1969 concerning
In Case C-360/93 : European Parliament ( Agents : Johann              indirect taxes on the raising of capital ( OJ, English Special
Schoo and José Luis Rufas Quintana ) v . Council of the               Edition 1969 ( II ), p . 412 ), as amended by Council Directive
European Union ( Agents : Ramon Torrent and Amadeu                    85/303/EEC of 10 June 1985 ( OJ No L 156 , 1985 , p . 23 ).
Lopes Sabino ), supported by Commission of the European               The Court made an order on 21 December 1995 , the
Communities ( Agents : Jorn Sack and Patrick Hetsch ) and by          operative part of which is as follows :
United Kingdom of Great Britain and Northern Ireland,
( Agent: John E. Collins ) — Application for the annulment of         The request for a preliminary ruling submitted by
Council Decision 93/323/EEC of 10 May 1993 concerning                 Commissione Tributaria di Primo Grado , Reggio Emilia, by
the conclusion of an Agreement in the form of a                       an order of 15 June 1995 is inadmissible.
Memorandum of Understanding between the European
Economic Community and the United States of America on
government procurement ( OJ No L 125 , 1993 , p . 1 ) and
Council Decision 93/324/EEC of 10 May 1993 concerning
the extension of the benefit of the provisions of                     Action brought on 24 January 1996 by the Commission of
Directive 90/53 1 /EEC in respect of the United States of             the European Communities against the Kingdom of
America ( OJ No L 125 , 1993 , p . 54 ), — the Court ( Sixth                                           Spain
 Chamber ), composed of C. N. Kakouris, President of the                                        ( Case C-21 /96 )
 Chamber, G. F. Mancini , F. A. Schockweiler, P. J. G.                                            ( 96/C 133/23 )
Kapteyn ( Rapporteur ) and J. L. Murray, Judges;
Advocate-General : G. Tesauro, Registrar: R. Grass, has               An action against the Kingdom of Spain was brought before
given a judgment on 7 March 1996 , in which the operative             the Court of Justice of the European Communities on
 part is as follows :                                                 24 January 1996 by the Commission of the European
                                                                      Communities, represented by Thomas F. Cusack, Legal
 1 , annuls Council Decision 93/323/EEC of 10 May 1993                Adviser, and Isabel Martinez del Peral, of its Legal Service,
      concerning the conclusion of an Agreement in the form           with an address for service in Luxembourg at the office of
      of a Memorandum of Understanding between the                    Carlos Gomez de la Cruz, Wagner Centre , Kirchberg.
      European Economic Community and the United States
                                                                      The Commission claims that the Court should :
       of America on government procurement and Council
      Decision 93/324/EEC of 10 May 1993 concerning the                1 , declare that, by failing to adopt the laws, regulations or
       extension of the benefit of the provisions of                       administrative provisions necessary to comply with
       Directive 90/531 /EEC in respect of the United States of            Articles 3 , 4 and 5 of Council Directive 84/446/Euratom
      America ;
                                                                           of 3 September 1 984 laying down basic measures for the
                                                                           radiation protection of persons undergoing medical
 2 , maintains in force the effects of the annulled                        examination or treatment (') or by failing to inform the
       decisions;                                                          Commission of the measures it has adopted for the
                                                                           transposition of the Directive, the Kingdom of Spain
                                                                           has failed to fulfil its obligations under the Treaty
 3 , orders the Council to pay the costs;                                  establishing the European Atomic Energy Community;
                                                                           and
 4 , orders the Commission and the United Kingdom to bear              2 , order the Kingdom of Spain to pay the costs .
       their own costs.
                                                                       Pleas in law and main arguments
 (') OJ No C 232 , 28 . 8 . 1993 .
                                                                       Under the third paragraph of Article 161 of the Euratom
                                                                       Treaty, the Directive is binding, as to the result to be
                                                                       achieved, upon each Member State to which it is addressed,