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17.7.

1999 EN Official Journal of the European Communities C 204/7

Common system of value added tax: uniform basis of assess- at the rate of ECU 43.09 per day of late payment from 1 April
ment (OJ 1977 L 145, p. 1) — the Court, composed of 1988 and, second, to pay the Commission the sum of
G.C. Rodrı́guez Iglesias, President, P.J.G. Kapteyn and G. Hirsch ECU 60 000 by way of compensation for the damage suffered
(Rapporteur) (Presidents of Chambers), G.F. Mancini, J.C. — the Court (Fifth Chamber), composed of J.-P. Puissochet
Moitinho de Almeida, C. Gulmann, D.A.O. Edward, L. Sevón (Rapporteur), President of the Chamber, P. Jann, C. Gulmann
and M. Wathelet, Judges, Advocate General: N. Fennelly, D.A.O. Edward and L. Sevón, Judges; Advocate General: A. La
Registrar: D. Louterman-Hubeau, Principal Administrator — Pergola; Registrar: H.A. Rühl, Principal Administrator, has
has given a judgment on 27 April 1999 in which it held that: given a judgment on 27 April 1999, in which it:

1. On a proper construction of Article 11A(3)(b) of the Sixth 1. Orders SNUA Srl to pay to the Commission of the European
Council Directive 77/388/EEC of 17 May 1977 on the Communities the sum of EUR 195 397 together with interest
harmonisation of the laws of the Member States relating to at a rate of EUR 43.09 per day of late payment as from 1 April
turnover taxes — Common system of value added tax: uniform 1988 until final settlement of the debt;
basis of assessment, the terms ‘rebates’ and ‘price discounts’
cannot be applied to reductions covering the whole cost of 2. Dismisses the remainder of the action;
supplying redemption goods.
3. Orders SNUA Srl to pay the costs.
2. On a proper construction of Article 5(6) of the Sixth Directive
77/388, the application by an oil company of goods which are (1) OJ C 131 of 26.4.1997.
disposed of to a purchaser of fuel in exchange for vouchers which
he has obtained in varying quantifies, depending on the volume
of fuel purchased, on payment of the full retail price for fuel from
the pump — under a sales promotion scheme such as that in
issue in the main proceedings — must, where the goods are not
of small value, be treated as a supply for consideration within the
meaning of that provision.
JUDGMENT OF THE COURT

(1) OJ C 108 of 5.4.1997. (First Chamber)

of 28 April 1999

in Case C-405/97 (reference for a preliminary ruling
by the Finanzgericht Bremen): Mövenpick Deutschland
GmbH für das Gastgewerbe v Hauptzollamt Bremen (1)
JUDGMENT OF THE COURT
(Combined nomenclature — Tariff heading 0802 — Dried
(Fifth Chamber) walnut pieces temporarily stored at a temperature of −24 oC)

(1999/C 204/13)
of 27 April 1999

in Case C-69/97 Commission of the European Communi- (Language of the case: German)
ties v SNUA Srl (1)
(Provisional translation: the definitive translation will be published
(Arbitration clause — Breach of contract)
in the European Court Reports)
(1999/C 204/12) In Case C-405/97, reference to the Court under Article 177 of
the EC Treaty by the Finanzgericht Bremen (Germany) for a
preliminary ruling in the proceedings pending before that court
(Language of the case: Italian) between Mövenpick Deutschland GmbH für das Gastgewerbe v
Hauptzollamt Bremen, on the interpretation of tariff heading
0802 of the Combined Nomenclature, in the version contained
(Provisional translation; the definitive translation will be published in Annex I to Commission Regulation (EEC) No 2551/93 of
in the European Court Reports) 10 August 1993, amending Annex I to Council Regulation
(EEC) No 2658/87 on the tariff and statistical nomenclature
In Case C-69/97: Commission of the European Communities and on the Common Customs Tariff (OJ 1993 L 241, p. 1)
(Agents: Paolo Stancanelli and Jean-Francis Pasquier, assisted and on the interpretation of Article 522(3) of Commission
by Alberto Dal Ferro) v SNUA Srl, a company incorporated in Regulation (EEC) No 2454/93 of 2 July 1993 laying down
Pordenone (Italy), represented by Andrea Guarino, of the Rome provisions for the implementation of Council Regulation (EEC)
Bar, and Ezio Trampus — application by the Commission of No 2913/92 establishing the Community Customs Code (OJ
the European Communities under Article 181 of the EC Treaty 1993 L 253, p. 1) — the Court (First Chamber), composed of
for an order requiring SNUA Srl, first, to reimburse an advance P. Jann (Rapporteur), President of the Chamber, D.A.O. Edward
payment of ECU 195 397 made by the Commission for the and L. Sevón, Judges, Advocate General: A. Saggio, Registrar:
completion of an integrated system for the collection and R. Grass — has given a judgment on 28 April 1999, in which
recycling of solid waste at a private plant, together with interest it held that:
C 204/8 EN Official Journal of the European Communities 17.7.1999

On a proper interpretation of the Combined Nomenclature, in the JUDGMENT OF THE COURT
version contained in Annex I to Commission Regulation (EEC) No
2551/93 of 10 August 1993 amending Annex I to Council
(First Chamber)
Regulation (EEC) No 2658/87 on the tariff and statistical nomencla-
ture and on the common customs tariff, dried walnut pieces, imported
from a non-member country, which have been stored in the of 28 April 1999
Community at a temperature of −24 oC and which, after thawing
out, arc cleared through customs to be admitted into free circulation
in Case C-250/98: Commission of the European Communi-
must be classified under tariff heading 0802.
ties v French Republic (1)

(1) OJ C 41 of 7.2.1998.
(Failure by a Member State to fulfil obligations — Failure to
transpose Directive 89/594/EEC)

(1999/C 204/15)
JUDGMENT OF THE COURT
(First Chamber) (Language of the case: French)
of 28 April 1999
in Case C-31/98 (reference for a preliminary ruling from (Provisional translation; the definitive translation will be published
the Finanzgericht München): Peter Luksch v Hauptzollamt in the European Court Reports)
Weiden (1)
(Agriculture — Common organisation of the markets — In Case C-250/98: Commission of the European Communities
Fruit and vegetables — Importation of sour cherries from a (Agents: Antonio Caeiro and Bernard Mongin) v French
third country — Levy of a countervailing charge equal to the Republic (Agents: Kareen Rispal-Bellanger and Anne de
difference between the minimum price and the import price Bourgoing) — application for a declaration that, by failing to
— Applicability to spoiled goods) adopt all the laws, regulations and administrative provisions
necessary to comply with Council Directive 89/594/EEC of 30
(1999/C 204/14) October 1989 amending Directives 75/362/EEC, 77/452/EEC,
78/686/EEC, 78/1026/EEC and 80/154/EEC relating to the
(Language of the case: German) mutual recognition of diplomas, certificates and other evidence
of formal qualifications as doctors, nurses responsible for
general care, dental practitioners, veterinary surgeons and
(Provisional translation; the definitive translation will be published midwives, together with Directives 75/363/EEC, 78/1027/EEC
in the European Court Reports) and 80/155/EEC concerning the coordination of provisions
In Case C-31/98: reference to the Court under Article 177 of laid down by law, regulation or administrative action relating
the EC Treaty from the Finanzgericht München (Finance Court, to the activities of doctors, veterinary surgeons and midwives
Munich), Germany, for a preliminary ruling in the proceedings (OJ 1989 L 341, p. 19), the French Republic has failed to fulfil
pending before that court between Peter Luksch and Hauptzoll- its obligations under Directive 89/594 — the Court (First
amt Weiden — on the interpretation of Article 1 of Com- Chamber), composed of: P. Jann, President of the Chamber,
mission Regulation (EC) No 1395/94 of 17 June 1994 D.A.O. Edward (Rapporteur) and L. Sevón, Judges; D. Ruiz-
establishing a minimum import price for sour cherries (OJ Jarabo Colomer, Advocate General; R. Grass, Registrar, has
1994 L 152, p. 31) and Annex I to Council Regulation (EEC) given a judgment on 28 April 1999, in which it:
No 2658/87 of 23 July 1987 on the tariff and statistical
nomenclature and on the Common Customs Tariff (OJ 1987 1. Declares that, by failing to adopt all the laws, regulations and
L 256, p. 1) as amended by Commission Regulation (EEC) No administrative provisions necessary to comply with Council
2551/93 of 10 August 1993 (OJ 1993 L 241, p. 1), and in Directive 89/594/EEC of 30 October 1989 amending Direc-
particular Note 1 to Chapter 8 of the Combined Nomenclature tives 75/362/EEC, 77/452/EEC, 78/686/EEC, 78/1026/EEC
— the Court (First Chamber), composed of: P. Jann (Rappor- and 80/154/EEC relating to the mutual recognition of diplomas,
teur), President of the Chamber, D.A.O. Edward and L. Sevón, certificates and other evidence of formal qualifications as doctors,
Judges; P. Léger, Advocate General; R. Grass, Registrar, has nurses responsible for general care, dental practitioners, veterinary
given a judgment on 28 April 1999, in which it has ruled: surgeons and midwives, together with Directives
75/363/EEC,78/1027/EEC and 80/155/EEC concerning the
Article 1 of Commission Regulation (EC) No 1395/94 of 17 June coordination of provisions laid down by law, regulation or
1994 establishing a minimum import price for sour cherries must be administrative action relating to the activities of doctors, vet-
interpreted as meaning that a countervailing charge may not be levied erinary surgeons and midwives, the French Republic has failed to
in respect of sour cherries released for free circulation within the fulfil its obligations under that directive;
Community at a low price, where their low price is attributable to
circumstances beyond the control of the importer and unconnected 2. Orders the French Republic to pay the costs
with the origin of the goods, such as a significant and unexpected
deterioration of the fruit.
(1) OJ C 278 of 5.9.1998.
( 1) OJ C 94 of 28.3.1998.