CELEX: C2001/079/13
Language: en
Date: 2001-03-10 00:00:00
Title: Order of the Court (Fifth Chamber) of 27 September 2000 in Case C-456/99 P: J v Commission of the European Communities (Officials — Place of recruitment — Habitual residence at the time of recruitment — Legal characterisation of the facts found — Manifestly inadmissible appeal)

10.3.2001               EN                      Official Journal of the European Communities                                                C 79/7
Directive 92/83/EEC on the harmonisation of the structures of              The term ‘party concerned’ used in Article 7(5) of Commission
excise duties on alcohol and alcoholic beverages (OJ 1998                  Regulation (EEC) No 2169/86 of 10 July 1986 laying down
L 295, p. 43) — the Court (Fifth Chamber), composed of: A.                 detailed rules for the control and payment of the production refunds
La Pergola, President of the Chamber, M. Wathelet (Rapporteur)             in the cereals and rice sectors, as amended by Commission Regulation
and D.A.O. Edward, Judges; D. Ruiz-Jarabo Colomer, Advocate                (EEC) No 165/89 of 24 January 1989, is to be construed as
General; L. Hewlett, Administrator, for the Registrar, has given           meaning that it does not refer to a purchaser of esterified or etherified
a judgment on 7 December 2000, in which it:                                starch who has undertaken to his supplier to use that product
                                                                           exclusively for the manufacture of products other than those listed in
1.    Dismisses the application;                                           Annex I to that regulation. Such a purchaser cannot therefore have
                                                                           imposed on him the penalty provided for in Article 7(5) of that
2.    Orders the Italian Republic to pay the costs.                        regulation, namely, payment of an amount equal to 105 % of the
                                                                           highest production refund applicable to the product in question
                                                                           during the previous 12-month period.
(1) OJ C 71 of 13.3.1999.
                                                                           (1) OJ C 71 of 13.3.1999.
                 JUDGMENT OF THE COURT
                          (First Chamber)                                                       ORDER OF THE COURT
                       of 7 December 2000
                                                                                                      (Fifth Chamber)
in Case C-2/99 (reference for a preliminary ruling from
the Hessisches Finanzgericht, Kassel): Döhler GmbH v                                              of 27 September 2000
                  Hauptzollamt Darmstadt (1)
                                                                           in Case C-456/99 P: J v Commission of the European
(Agriculture — Common organisation of the markets —                                                   Communities (1)
Production refunds — Article 7 of Regulation (EEC) No
2169/86, as amended by Regulation (EEC) No 165/89 —
Esterified or etherified starch — Proper use — Penalties —                 (Officials — Place of recruitment — Habitual residence at
                  Meaning of ‘party concerned’)                            the time of recruitment — Legal characterisation of the facts
                                                                                       found — Manifestly inadmissible appeal)
                           (2001/C 79/12)
                                                                                                       (2001/C 79/13)
                   (Language of the case: German)
                                                                                                (Language of the case: French)
(Provisional translation; the definitive translation will be published
                                                                           In Case C-456/99 P: J, an official of the Commission of the
                   in the European Court Reports)
                                                                           European Communities, residing in Brussels, represented by
                                                                           G. Vandersanden and L. Levi, of the Brussels Bar, with an
In Case C-2/99: reference to the Court under Article 177 of                address for service in Luxembourg at the offices of Société de
the EC Treaty (now Article 234 EC) from the Hessisches                     Gestion Fiduciaire, 2-4 Rue Beck — appeal against the
Finanzgericht (Finance Court, Hessen), Kassel, Germany, for a              judgment of the Court of First Instance of the European
preliminary ruling in the proceedings pending before that                  Communities (Third Chamber) of 28 September 1999 in Case
court between Döhler GmbH and Hauptzollamt Darmstadt —                     T-28/98 J v Commission (not yet published in the European
on the interpretation of Article 7(5) of Commission Regulation             Court Reports), seeking to have that judgment set aside and to
(EEC) No 2169/86 of 10 July 1986 laying down detailed rules                obtain relief in the form of order sought by the appellant in
for the control and payment of the production refunds in the               the proceedings at first instance, the other party to the
cereals and rice sectors (OJ 1986 L 189, p. 12), as amended by             proceedings being the Commission of the European Communi-
Commission Regulation (EEC) No 165/89 of 24 January 1989                   ties (Agent: J. Currall, assisted by D. Waelbroeck) — the Court
(OJ 1989 L 20, p. 14) — the Court (First Chamber), composed                (Fifth Chamber), composed of: D.A.O. Edward, President of the
of: M. Wathelet, President of the Chamber, P. Jann (Rapporteur)            Chamber, L. Sevón, A. La Pergola, P. Jann and M. Wathelet,
and L. Sevón, Judges; G. Cosmas, Advocate General; D. Louter-             Judges; G. Cosmas, Advocate General; R. Grass, Registrar, has
man-Hubeau, Head of Division, for the Registrar, has given a               made an order on 27 September 2000, the operative part of
judgment on 7 December 2000, in which it has ruled:                        which is as follows:
 ---pagebreak--- C 79/8                   EN                      Official Journal of the European Communities                                           10.3.2001
1.    The appeal is dismissed.                                                                   ORDER OF THE COURT
2.    J is to pay the costs.
                                                                                                       (Third Chamber)
(1) OJ C 47 of 19.2.2000.                                                                            of 5 October 2000
                                                                            in Case C-182/97 (reference for a preliminary ruling
                                                                            from the Tribunale di Brescia): Palazzo Piacentini Srl v
                                                                                      Amministrazione Finanzaria dello Stato (1)
                                                                            (Article 104(3) of the Rules of Procedure — Manifestly
                     ORDER OF THE COURT                                                               identical question)
                           (Third Chamber)                                                              (2001/C 79/15)
                         of 5 October 2000
                                                                                                 (Language of the case: Italian)
in Case C-363/96 (reference for a preliminary ruling by
the Tribunale di Catania): ISFA SpA v Ministero delle
                               Finanze (1)
                                                                            In Case C-182/97: reference to the Court under Article 177 of
                                                                            the EC Treaty (now Article 234 EC) from the Tribunale di
(Article 104(3) of the Rules of Procedure — Manifestly                      Brescia (Italy) for a preliminary ruling in the proceedings
                          identical question)                               pending before that court between Palazzo Piacentini Srl and
                                                                            Amministrazione Finanzaria dello Stato on the interpretation
                                                                            of Community law concerning the recovery of sums paid but
                             (2001/C 79/14)                                 not due — the Court, composed of: J.C. Moitinho de Almeida,
                                                                            President of the Chamber, C. Gulmann and J.-P. Puissochet
                                                                            (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate Gen-
                     (Language of the case: Italian)                        eral; R. Grass, Registrar, has made an order on 5 October
                                                                            2000, the operative part of which is as follows:
In Case C-363/96: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) by the Tribunale di Catania              1.    Community law does not prevent a Member State from resisting
(District Court, Catania) (Italy) for a preliminary ruling in the                 actions for repayment of charges levied in breach of Community
proceedings pending before that court between ISFA SpA and                        law by relying on a three-year time-limit under national law
Ministero delle Finanze — on the interpretation of Community                      which derogates from the ordinary rules governing actions for
law concerning the recovery of sums paid but not due — the                        the recovery of sums paid but not due between private
Court (Third Chamber), composed of: J.C. Moitinho de Almei-                       individuals, the latter actions being subject to a more favourable
da, President of the Chamber, C. Gulmann and J.-P. Puissochet                     time-limit, provided that the time-limit in question applies in
(Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate Gen-                       the same way to actions for recovery of such charges which are
eral; R. Grass, Registrar, has made an order on 5 October                         based on Community law as to actions based on domestic law.
2000, the operative part of which is as follows:
                                                                            2.    In circumstances such as those of the main proceedings,
                                                                                  Community law does not prevent a Member State from resisting
In circumstances such as those of the main proceedings, Community
law does not prevent a Member State from resisting actions for                    actions for repayment of charges levied in breach of a directive
repayment of charges levied in breach of a directive by relying on a              by relying on a time-limit under national law which is reckoned
                                                                                  from the date of payment of the charges in question, even if, at
time-limit under national law which is reckoned from the date of
payment of the charges in question, even if, at that date, the directive          that date, the directive concerned had not yet been properly
concerned had not yet been properly transposed into national law.                 transposed into national law.
                                                                            (1) OJ C 212 of 12.7.1997.
(1) OJ C 9 of 11.1.1997.