CELEX: C1999/100/12
Language: en
Date: 1999-04-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 25 February 1999 in Case C-86/97 (reference for a preliminary ruling from the Bundesfinanzhof): Reiner Woltmann, trading as Trans-Ex-Import v. Hauptzollamt Potsdam (Theft of goods - Customs duties - Remission - Special situation)

C 100/8              EN                   Official Journal of the European Communities                                    10.4.1999
Advocate-General: A. La Pergola, Registrar: H. von                   within the meaning of Article 905(1) of Commission
Holstein, Assistant Registrar, has given a judgment on               Regulation (EEC) No 2454/93 of 2 July 1993 laying
23 February 1999, in which it:                                       down provisions for the implementation of Council
                                                                     Regulation (EEC) No 2913/92 establishing the
                                                                     Community         Customs     Code       exist,   necessitating
1. Dismisses the application;                                        examination of the file by the Commission, where, having
                                                                     regard to the objective of fairness underlying Article 239
                                                                     of Regulation (EEC) No 2913/92 factors liable to place
                                                                     the applicant in an exceptional situation as compared with
2. Orders the Parliament to pay the costs.                           other operators engaged in the same business are found to
                                                                     exist and the conditions laid down in Article 900(1)(a) of
                                                                     Regulation No 2454/93, for remission of customs duties in
(1) OJ C 74, 8.3.1997.                                               favour of an applicant, are not fulfilled.
                                                                     (1) OJ C 131, 26.4.1997.
              JUDGMENT OF THE COURT
                       (Sixth Chamber)
                    of 25 February 1999                                             JUDGMENT OF THE COURT
in Case C-86/97 (reference for a preliminary ruling from                                    (Sixth Chamber)
the Bundesfinanzhof): Reiner Woltmann, trading as
      Trans-Ex-Import' v. Hauptzollamt Potsdam (1)                                       of 25 February 1999
(Theft of goods Ð Customs duties Ð Remission Ð                       in   Case    C-195/97: Commission of the             European
                       Special situation)                                         Communities v. Italian Republic (1)
                       (1999/C 100/12)                               (Failure by a Member State to fulfil its obligations Ð
                                                                              Failure to transpose Directive 91/676/EEC)
                                                                                            (1999/C 100/13)
               (Language of the case: German)
                                                                                     (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
In Case C-86/97: reference to the Court under Article 177                      published in the European Court Reports)
of the EC Treaty from the Bundesfinanzhof, Germany, for
a preliminary ruling in the proceedings pending before
that court between Reiner Woltmann, trading as Trans-
Ex-Import', and Hauptzollamt Potsdam Ð on the                        In Case C-195/97: Commission of the European
interpretation of Article 905(1) of Commission Regulation            Communities (Agent: Paolo Stancanelli) v. Italian Republic
(EEC) No 2454/93 of 2 July 1993 laying down provisions               (Agent: Professor Umberto Leanza, assisted by Pier
for the implementation of Council Regulation (EEC)                   Giorgio Ferri) Ð application for a declaration that, by
No 2913/92 establishing the Community Customs Code                   failing to adopt and communicate within the prescribed
(OJ L 253, 11.10.1993, p. 1) Ð the Court (Sixth                      period the provisions necessary to transpose into domestic
Chamber), composed of: G. Hirsch, President of the                   law Council Directive 91/676/EEC of 12 December 1991
Second Chamber, acting as President of the Sixth                     concerning the protection of waters against pollution
Chamber, G. F. Mancini, J. L. Murray (Rapporteur), H.                caused by nitrates from agricultural sources (OJ L 375,
Ragnemalm and R. Schintgen, Judges; G. Cosmas,                       31.12.1991, p. 1), and in particular by failing to comply
Advocate-General; R. Grass, Registrar, has given a                   with the obligation laid down in Article 3(2) of the
judgment on 25 February 1999, in which it has ruled:                 Directive, the Italian Republic has failed to fulfil its
                                                                     obligations under Community law Ð the Court (Sixth
                                                                     Chamber), composed of: P. J. G. Kapteyn, President of the
                                                                     Chamber, G. F. Mancini, J. L. Murray (Rapporteur), H.
Factors which might constitute a special situation resulting         Ragnemalm and K. M. Ioannou, Judges; P. LeÂger,
from circumstances in which no deception or obvious                  Advocate-General; R. Grass, Registrar, has given a
negligence may be attributed to the person concerned,                judgment on 25 February 1999, in which it: