CELEX: C2001/028/12
Language: en
Date: 2001-01-27 00:00:00
Title: Judgment of the Court (Third Chamber) of 9 November 2000 in Case C-356/99: Commission of the European Communities v Hitesys SpA (Arbitration clause — Non-performance of contract — Recovery of moneys advanced — Procedure in default of defence)

27.1.2001               EN                      Official Journal of the European Communities                                             C 28/7
D. Waelbroeck) APPEAL against the judgment of the Court of                 1.    Orders Hitesys SpA to repay to the Commission of the European
First Instance of the European Communities (Fourth Chamber)                      Communities the sum of EUR 132 500, together with default
of 25 March 1999 in Case T-76/98 Hamptaux v Commission                           interest calculated in accordance with the second subparagraph
[1999] ECR-SC I-A-59 and II-303, seeking to have that                            of Article 8(4) of the general conditions forming Annex II to
judgment set aside, the other party to the proceedings being                     Contract JOU2-CT93-0417 from 8 January 1994 until full
Claudine Hamptaux an official of the Commission of the                           payment of the debt;
European Communities, residing in Brussels (Belgium), rep-
resented by L. Vogel, of the Brussels Bar, with an address for             2.    Orders Hitesys SpA to pay the costs.
service in Luxembourg at the Chambers of C. Kremer, 6 Rue
Heinrich Heine — the Court (Fifth Chamber), composed of:
A. La Pergola, President of the Chamber, M. Wathelet (Rappor-              (1) OJ C 6 of 8.1.2000.
teur), D.A.O. Edward, P. Jann and L. Sevón, Judges; P. Léger,
Advocate General; R. Grass, Registrar, has given a judgment
on 9 November 2000, in which it:
1.    Dismisses the appeal;
2.    Orders the Commission of the European Communities to pay
      the costs.
                                                                                             JUDGMENT OF THE COURT
(1) OJ C 246 of 28.8.1999.
                                                                                                      (First Chamber)
                                                                                                  of 14 November 2000
                                                                           in Case C-142/99 (reference for a preliminary ruling
                 JUDGMENT OF THE COURT                                     from the Tribunal de Première Instance de Tournai):
                                                                                 Floridienne SA, Berginvest SA v Belgian State (1)
                         (Third Chamber)
                                                                           (Sixth VAT Directive — Deduction of input tax — Undertak-
                       of 9 November 2000                                  ing subject to tax on only one part of its operations —
                                                                           Deductible proportion — Calculation — Holding company
in Case C-356/99: Commission of the European Communi-                      collecting share dividends and loan interest from its subsidi-
                       ties v Hitesys SpA (1)                                  aries — Involvement in management of subsidiaries)
(Arbitration clause — Non-performance of contract —                                                    (2001/C 28/13)
Recovery of moneys advanced — Procedure in default of
                              defence)
                                                                                                (Language of the case: French)
                          (2001/C 28/12)
                    (Language of the case: Italian)                        (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
(Provisional translation; the definitive translation will be published     In Case C-142/99: reference to the Court under Article 177 of
                   in the European Court Reports)                          the EC Treaty (now Article 234 EC) from the Tribunal de
                                                                           Première Instance (Court of First Instance), Tournai, Belgium,
In Case C-356/99: Commission of the European Communities                   for a preliminary ruling in the proceedings pending before that
(Agents: E. de March and A. Dal Ferro) v Hitesys SpA,                      court between Floridienne SA, Berginvest SA and Belgian State
established in Aprilia (Italy) — application by the Commission             — on the interpretation of Article 19 of the Sixth Council
of the European Communities under Article 238 EC to recover                Directive 77/388/EEC of 17 May 1977 on the harmonisation
moneys advanced in relation to Contract JOU2-CT93-0417,                    of the laws of the Member States relating to turnover taxes —
which was terminated by the applicant on the ground of the                 Common system of value added tax: uniform basis of assess-
defendant’s failure to perform its contractual obligations                 ment (OJ 1977 L 145, p. 1) — the Court (First Chamber),
— the Court (Third Chamber), composed of: C. Gulmann                       composed of: M. Wathelet, President of the Chamber, P. Jann
(Rapporteur), President of the Chamber, J.-P. Puissochet and               and L. Sevón (Rapporteur), Judges; N. Fennelly, Advocate
F. Macken, Judges; A. Saggio, Advocate General; R. Grass,                  General; H.A. Rühl, Principal Administrator, for the Registrar,
Registrar, has given a judgment on 9 November 2000, in                     has given a judgment on 14 November 2000, in which it has
which it:                                                                  ruled: