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21.10.

2000 EN Official Journal of the European Communities C 302/5

Käräjäoikeus, Finland, for a preliminary ruling in the proceed- in Turin (Italy), represented by J.-N. Louis, F. Parmentier and
ings pending before that court between Tullihallitus and Kaupo V. Peere, of the Brussels Bar, with an address for service in
Salumets and Others — on the interpretation of the Sixth Luxembourg at Société de Gestion Fiduciaire, Boîte Postale 585
Council Directive 77/388/EEC of 17 May 1977 on the har- — appeal against the order of the Court of First Instance of
monisation of the laws of the Member States relating to the European Communities (Second Chamber) of 9 February
turnover taxes — Common system of value added tax: uniform 1999 in Case T-124/98 Politi v European Training Foundation
basis of assessment (OJ 1977 L 145, p. 1), Council Directive [1999] ECR-SC I-A-9 and II-29, seeking to have that order set
92/12/EEC of 25 February 1992 on the general arrangements aside, the other party to the proceedings being: European
for products subject to excise duty and on the holding, Training Foundation, represented by B. Wägenbaur, Rechtsan-
movement and monitoring of such products (OJ 1992 L 76, walt, Hamburg, with an address for service in Luxembourg at
p. 1), Council Directive 92/83/EEC of 19 October 1992 on the the office of C. Gómez de la Cruz, of the Legal Service of the
harmonisation of the structures of excise duties on alcohol Commission of the European Communities, Wagner Centre,
and alcoholic beverages (OJ 1992 L 316, p. 21) and Council Kirchberg — the Court (Fifth Chamber), composed of:
Regulation (EEC) No 2913/92 of 12 October 1992 estab- D.A.O. Edward, President of the Chamber, P.J.G. Kapteyn,
lishing the Community Customs Code (OJ 1992 L 302, p. 1) A. La Pergola, H. Ragnemalm and M. Wathelet (Rapporteur),
— the Court (First Chamber), composed of: L. Sevón, President Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has
of the Chamber, P. Jann (Rapporteur) and M. Wathelet, Judges; given a judgment on 29 June 2000, in which it:
M. Saggio, Advocate General; H.A. Rühl, Principal Adminis-
trator, for the Registrar, has given a judgment on 29 June 1. Dismisses the appeal;
2000, in which it has ruled:

Sixth Council Directive 77/388/EEC of 17 May 1977 on the 2. Orders Mr Politi to pay the costs.
harmonisation of the laws of the Member States relating to turnover
taxes — Common system of value added tax: uniform basis of
assessment, Council Directive 92/12/EEC of 25 February 1992 on (1) OJ C 246 of 28.8.1999.
the general arrangements for products subject to excise duty and on
the holding, movement and monitoring of such products, Council
Directive 92/83/EEC of 19 October 1992 on the harmonisation of
the structures of excise duties on alcohol and alcoholic beverages and
Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code must be interpreted as
meaning that their provisions on liability to tax and tax debts apply
also to contraband importation into Community customs territory of
ethyl alcohol from non-member countries.
JUDGMENT OF THE COURT
(1) OJ C 71 of 13.3.1999.

of 4 July 2000

in Case C-387/97: Commission of the European Communi-
JUDGMENT OF THE COURT ties v Hellenic Republic (1)

(Fifth Chamber)
(Failure of a Member State to fulfil its obligations —
of 29 June 2000 Judgment of the Court establishing such failure — Non-
compliance — Article 171 of the EC Treaty (now Article
in Case C-154/99 P: Corrado Politi v European Training 228 EC) — Financial penalties — Periodic penalty payment
Foundation (1) — Waste Directives 75/442/EEC and 78/319/EEC)

(Appeal — Temporary staff — Time-limit for lodging
(2000/C 302/10)
complaint — Time-limit for initiating proceedings — Error
in classification — Admissibility)

(2000/C 302/09) (Language of the case: Greek)

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

In Case C-154/99 P: Corrado Politia former member of the In Case C-387/97: Commission of the European Communities
temporary staff of the European Training Foundation, residing (Agent: M. Condou-Durande), supported by United Kingdom
C 302/6 EN Official Journal of the European Communities 21.10.2000

of Great Britain and Northern Ireland (Agent: J.E. Collins) JUDGMENT OF THE COURT
v Hellenic Republic (Agents: A. Samoni-Rantou and E.-M.
Mamouna and G. Karipsiadis) — application for a declaration
that, by failing to take the necessary measures to comply with of 4 July 2000
the judgment of the Court of 7 April 1992 in Case C-45/91
Commission v Greece [1992] ECR I-2509 and, in particular,
by still not having drawn up or implemented the plans in Case C-424/97 (reference for a preliminary ruling
necessary for the disposal of waste and toxic and dangerous from the Landgericht Düsseldorf): Salomone Haim v
waste from the area concerned without endangering human Kassenzahnärztliche Vereinigung Nordrhein (1)
health and without harming the environment, the Hellenic
Republic has failed to fulfil its obligations under Article 171 (Member State liability in the event of a breach of Com-
of the EC Treaty (now Article 228 EC), and for an order munity law — Breaches attributable to a public-law body of
requiring the Hellenic Republic to pay to the Commission, a Member State — Conditions for the liability of the Member
into the account ‘EC own resources’, a daily penalty payment State and of a public-law body of that State — Compatibility
of ECU 24 600 for each day of delay in implementing the of a language requirement with freedom of establishment)
measures necessary to comply with the judgment in Case
C-45/91, from notification of the present judgment — the
Court, composed of: G.C. Rodrı́guez Iglesias, President, (2000/C 302/11)
J.C. Moitinho de Almeida, D.A.O. Edward, L. Sevón, R. Schint-
gen (Presidents of Chambers), P.J.G. Kapteyn, C. Gulmann,
J.-P. Puissochet, G. Hirsch, P. Jann, H. Ragnemalm (Rappor-
teur), M. Wathelet and V. Skouris, Judges; D. Ruiz-Jarabo (Language of the case: German)
Colomer, Advocate General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 4 July 2000, in which it:
(Provisional translation; the definitive translation will be published
1. Declares that, by failing to take the measures necessary to in the European Court Reports)
ensure that waste is disposed of in the area of Chania
without endangering human health and without harming the
In Case C-424/97: reference to the Court under Article 177 of
environment in accordance with Article 4 of Council Directive
the EC Treaty (now Article 234 EC) from the Landgericht
75/442/EEC of 15 July 1975 on waste and by failing to draw
(Regional Court) Düsseldorf, Germany, for a preliminary
up for that area plans for the disposal of waste, pursuant to
ruling in the proceedings pending before that court between
Article 6 of Directive 75/442, and of toxic and dangerous
Salomone Haim and Kassenzahnärztliche Vereinigung Nor-
waste, pursuant to Article 12 of Council Directive 78/319/EEC
drhein — on the liability of a Member State and, possibly, of a
of 20 March 1978 on toxic and dangerous waste, the Hellenic
public-law body of that State for loss and damage caused by
Republic has not implemented all the necessary measures to
an infringement of Community law, and on the legality of
comply with the judgment of the Court of 7 April 1992 in
making the appointment of a national of another Member
Case C-45/91 Commission v Greece and has failed to fulfil its
State as a dental practitioner under a social security scheme
obligations under Article 171 of the EC Treaty;
conditional upon his having a sufficient knowledge of the
language of the host State — the Court, composed of:
2. Orders the Hellenic Republic to pay to the Commission of the G.C. Rodrı́guez Iglesias, President, D.A.O. Edward (Rappor-
European Communities, into the account ‘EC own resources’, a teur), L. Sevón, R. Schintgen (Presidents of Chambers),
penalty payment of EUR 20 000 for each day of delay in P.J.G. Kapteyn, C. Gulmann, J.-P. Puissochet, G. Hirsch, P. Jann,
implementing the measures necessary to comply with the H. Ragnemalm and M. Wathelet, Judges; J. Mischo, Advocate
judgment in Case C-45/91, from delivery of the present General; H. von Holstein, Deputy Registrar, for the Registrar,
judgment until the judgment in Case C-45/91 has been has given a judgment on 4 July 2000, in which it has ruled:
complied with;
1. Community law does not preclude a public-law body, in
addition to the Member State itself, from being liable to make
3. Orders the Hellenic Republic to pay the costs; reparation for loss and damage caused to individuals as a result
of measures which it took in breach of Community law.

4. Orders the United Kingdom of Great Britain and Northern 2. In order to determine whether there is a serious breach of
Ireland to bear its own costs. Community law, within the meaning of the case-law of the
Court, account must be taken of the extent of the discretion
enjoyed by the Member State concerned. The existence and the
scope of that discretion must be determined by reference to
(1) OJ C 113 of 11.4.1998. Community law and not by reference to national law.

3. The competent authorities of a Member State may make the
appointment, as a social security scheme dental practitioner, of
a national of another Member State who is established in the
first Member State and authorised to practise there but has