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5.9.

98 EN Official Journal of the European Communities C 278/1

I
(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT of undertakings contrary to Article 85 of the EC
(Fifth Chamber) Treaty, consisting of setting a compulsory tariff for all
customs agents, the Italian Republic has failed to fulfil
of 18 June 1998 its obligations under Articles 5 and 85 of the Treaty;
in Case C-35/96: Commission of the European
Communities v. Italian Republic (1)
2. orders the Italian Republic to pay the costs.
(Action for failure to fulfil obligations Ð Agreements,
decisions and concerted practices Ð Fixing of business (1) OJ C 95, 30.3.1996.
tariffs Ð Customs agents Ð Legislation reinforcing the
effects of an agreement)
(98/C 278/01)

(Language of the case: Italian)
JUDGMENT OF THE COURT
(Sixth Chamber)
(Provisional translation; the definitive translation will be
published in the European Court Reports) of 18 June 1998
in Case C-43/96: Commission of the European
In Case C-35/96: Commission of the European Communities v. French Republic (1)
Communities (Agent: Enrico Traversa) v. Italian Republic
(Failure to fulfil obligations Ð Sixth Council Directive
(Agent: Umberto Leanza, assisted by Pier Giorgio Ferri) Ð
77/388/EEC Ð Article 17(2) and (6) Ð Right to deduct
application for a delcaration that, by adopting and
VAT Ð Exclusions provided for by national rules
maintaining in force a law which, in granting the relative
predating the Sixth Directive)
decision-making power, requires the Consiglio Nazionale
degli Spedizionieri Doganali (National Council of (98/C 278/02)
Customs Agents) to adopt a decision by an association of
undertakings contrary to Article 85 of the EC Treaty in
that it sets a compulsory tariff for all customs agents, the (Language of the case: French)
Italian Republic has failed to fulfil its obligations under
Articles 5 and 85 of the Treaty Ð the Court (Fifth
Chamber), composed of: C. Gulmann, President of the
Chamber, M. Wathelet (Rapporteur), J. C. Moitinho de (Provisional translation; the definitive translation will be
Almeida, P. Jann and L. Sevón, Judges: G. Cosmas, published in the European Court Reports)
Advocate-General; R. Grass, Registrar, has given a
judgment on 18 June 1998, in which it:
In Case C-43/96: Commission of the European
Communities (Agents: H. Michard and E. Traversa) v.
1. declares that, by adopting and maintaining in force a French Republic (Agents: C. de Salins, assisted by G.
law which, in granting the relative decision-making Mignot), supported by United Kingdom of Great Britain
power, requires the National Council of Customs and Northern Ireland (Agent: S. Ridley) Ð application for
Agents (Consiglio Nazionale degli Spedizionieri Doga- a declaration that, by maintaining in force legislation
nali Ð CNSD) to adopt a decision by an association which denies taxable persons the right to deduct value
C 278/2 EN Official Journal of the European Communities 5.9.98

added tax on means of transport which constitute the very 5.7.1985, p. 40) Ð the Court (Sixth Chamber), composed
tool of their trade, the French Republic has failed to fulfil of: H. Ragnemalm, President of the Chamber, G. F.
its obligations under the Sixth Council Directive 77/388/ Mancini, P. J. G. Kapteyn, J. L. Murray and K. M.
EEC of 17 May 1977 on the harmonisation of the laws of Ioannou (Rapporteur), Judges; J. Mischo, Advocate-
the Member States relating to turnover taxes Ð Common General; H. A. Rühl, Principal Administrator, for the
system of value added tax: uniform basis of assessment Registrar, has given a judgment on 18 June 1998, in which
(OJ L 145, 13.6.1977, p. 1), and in particular Article 17(2) it has ruled:
thereof Ð the Court (Sixth Chamber), composed of: R.
Schintgen, President of the Second Chamber, acting for the
President of the Sixth Chamber, G. F. Mancini, P. J. G. Council Directive 85/337/EEC of 27 June 1985 on the
Kapteyn, J. L. Murray and G. Hirsch (Rapporteur), assessment of the effects of certain public and private
Judges; F. G. Jacobs, Advocate-General; D. Louterman- projects on the environment is to be interpreted as not
Hubeau, Principal Administrator, for the Registrar, has permitting Member States to waive the obligations
given a judgment on 18 June 1998, in which it: regarding environmental assessments in the case of
projects listed in Annex I of the Directive where:

1. dismisses the application; Ð the projects have already been the subject of a consent
granted prior to 3 July 1988, the date by which the
Directive was to have been transposed into national
2. order the Commission of the European Communities law,
to pay the costs;
Ð the consent was not preceded by an environmental
assessment in accordance with the requirements of the
3. orders the United Kingdom of Great Britain and
Directive and no use was made of it, and
Northern Ireland to bear its own costs.

Ð a fresh consent procedure was formally initiated after
(1) OJ C 95, 30.3.1996.
3 July 1988.

(1) OJ C 133, 4.5.1996.

JUDGMENT OF THE COURT
(Sixth Chamber)
JUDGMENT OF THE COURT
of 18 June 1998
(Fifth Chamber)
in Case C-81/96 (reference for a preliminary ruling from of 18 June 1998
the Nederlandse Raad van State): Burgemeester en wet-
houders van Haarlemmerliede en Spaarnwoude and in Case C-266/96 (reference for a preliminary ruling from
Others v. Gedeputeerde Staten van Noord-Holland (1) the Tribunale di Genova): Corsica Ferries France SA v.
Gruppo Antichi Ormeggiatori del Porto di Genova Coop.
(Council Directive 85/337/EEC Ð New consent for a arl, Gruppo Ormeggiatori del Golfo di La Spezia Coop.
zoning plan) arl, Ministero dei Trasporti e della Navigazione (1)
(98/C 278/03) (Freedom to provide services Ð Maritime transport Ð
Undertakings holding exclusive rights Ð Mooring services
for vessels in ports Ð Compliance with the competition
(Language of the case: Dutch) rules Ð Tariffs)
(98/C 278/04)

(Provisional translation; the definitive translation will be
published in the European Court Reports) (Language of the case: Italian)

(Provisional translation; the definitive translation will be
In Case C-81/96: reference to the Court under Article 177 published in the European Court Reports)
of the EC Treaty from the Nederlandse Raad van State
(Netherlands), for a preliminary ruling in the proceedings
pending before that court between Burgemeester en In Case C-266/96: reference to the Court under Article 177
wethouders van Haarlemmerliede en Spaarnwoude and of the EC Treaty from the Tribunale di Genova (District
Others and Gedeputeerde Staten van Noord-Holland Ð Court, Genoa) (Italy), for a preliminary ruling in the
on the interpretation of Council Directive 85/337/EEC of proceedings pending before that court between Corsica
27 June 1985 on the assessment of the effects of certain Ferries France SA and Gruppo Antichi Ormeggiatori del
public and private projects on the environment (OJ L 175, Porto di Genova Coop. arl., Gruppo Ormeggiatori del