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7.3.

98 EN Official Journal of the European Communities C 72/3

JUDGMENT OF THE COURT JUDGMENT OF THE COURT


(Sixth Chamber) (Sixth Chamber)

of 29 January 1998 of 29 January 1998


in Case C-61/95: Hellenic Republic v. Commission of the in Case C-280/95: Commission of the European
European Communities (1) Communities v. Italian Republic (1)
(Clearance of EAGGF accounts Ð Expenditure for 1991) (State aid Ð Fiscal bonus on certain taxes Ð Recovery of
aid Ð Not absolutely impossible)
(98/C 72/04)
(98/C 72/05)

(Language of the case: Greek)


(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 the European Court Reports)

In Case C-61/95: Hellenic Republic, (Agents: Panagiotis


Milonopoulos and Meletis Tsotsanis) v. Commission of
the European Communities (Agents: Xenophon Yataganas In Case C-280/95: Commission of the European
and Dimitrios Gouloussis) Ð application for the Communities (Agents: Antonio Aresu and Anders C.
annulment of Commission Decision 94/871/EC of Jessen) v. Italian Republic (Agent: Professor Umberto
21 December 1994 on the clearance of the accounts Leanza, assisted by Oscar Fiumara) Ð application for a
presented by the Member States in respect of the declaration that, by failing to adopt the measures
expenditure for 1991 of the European Agricultural necessary to comply with Commission Decision 93/496/
Guidance and Guarantee Fund (EAGGF), Guarantee EEC of 9 June 1993 on State aid procedure C 32/92 (ex
Section (OJ L 352, 31.12.1994, p. 82), in so far as it NN 67/92) Ð Italy (tax calculation for professional road
concerns the Hellenic Republic Ð the Court (Sixth hauliers) (OJ L 233, 16.9.1993, p. 10) and, in particular,
Chamber), composed of: H. Ragnemalm, President of the by failing to recover aid granted as from the 1992
Chamber, G. F. Mancini, P. J. G. Kapteyn, J. L. Murray financial year in the form of a tax credit in income tax,
and G. Hirsch (Rapporteur), Judges; A. La Pergola, municipal tax, or value added tax, unlawfully introduced
Advocate General; L. Hewlett, Administrator, for the by Ministerial Decree of 28 January 1992 in favour of
Registrar, has given a judgment on 29 January 1998, in professional road hauliers in Italy, the Italian Republic has
which it: failed to fulfil its obligations under the EC Treaty Ð the
Court (Sixth Chamber), composed of: H. Ragnemalm,
President of the Chamber, R. Schintgen, G. F. Mancini,
J. L. Murray and G. Hirsch (Rapporteur), Judges; N.
1. Annuls Commission Decision 94/871/EC of Fennelly, Advocate General; D. Louterman-Hubeau,
21 December 1994 on the clearance of the accounts Principal Administrator, for the Registrar, has given a
presented by the Member States in respect of the judgment on 29 January 1998, in which it:
expenditure for 1991 of the European Agricultural
Guidance and Guarantee Fund (EAGGF), Guarantee
Section in so far as it did not conclusively accept the
amount of GRD 3 531 558 038 in respect of 1. Declares that, by not complying with Commission
expenditure relating to leaf tobacco premiums and Decision 93/496/EEC of 9 June 1993 on State aid
corresponding refunds as chargeable to the EAGGF; procedure C 32/92 (ex NN 67/92) Ð Italy (tax
calculation for professional road hauliers), the Italian
Republic has failed to fulfil its obligations under the
EC Treaty;
2. For the remainder, dismisses the application;

3. Orders the parties to bear their own costs. 2. Orders the Italian Republic to pay the costs.

(1) OJ C 119, 13.5.1995. (1) OJ C 268, 14.10.1995.