Official Journal C 275, 29/09/2001, P. 1

29.9.2001 EN Official Journal of the European Communities C 275/1

(Information)

COURT OF JUSTICE

JUDGMENT OF THE COURT 1. Declares that, by maintaining in force Article 3 of the Decreto Ministeriale of 13 August 1998, which brings into force Law (Second Chamber) No 537 of 24 December 1993, as amended by Law No 662 of 23 December 1996, and which provides for different departure taxes according to whether the flight in question is of 4 July 2001 domestic or intra-Community, the Italian Republic has failed to fulfil its obligations under Article 59 of the EC Treaty (now, after amendment, Article 49 EC) and Article 3(1) of Council in Case C-447/99: Commission of the European Communi- Regulation (EEC) No 2408/92 of 23 July 1992 on access for ties v Italian Republic(1) Community air carriers to intra-Community air routes;

(Failure of a Member State to fulfil its obligations — 2. Orders the Italian Republic to pay the costs. Article 59 of the EC Treaty (now, after amendment, Article 49 EC) — Regulation (EEC) No 2408/92 — Access for Community air carriers to intra-Community air routes (1) OJ C 34 of 5.2.2000. — Departure tax)

(2001/C 275/01)

(Language of the case: Italian) JUDGMENT OF THE COURT (Provisional translation; the definition translation will be published (Fifth Chamber) in the European Court Reports) of 5 July 2001 In Case C-447/99: Commission of the European Communities in Case C-100/99: Italian Republic v Council of the (Agents: F. Benyon and S. Dragone) v Italian Republic (Agent: European Union(1) U. Leanza, assisted by I.M. Braguglia) — application for a declaration that, by maintaining in force Article 3 of the (Common agricultural policy — Agrimonetary system for Decreto Ministeriale (Ministerial Decree) of 13 August 1998, the euro — Transitional measures for the introduction of the which brings into force Law No 537 of 24 December 1993, as euro) amended by Law No 662 of 23 December 1996, and which (2001/C 275/02) provides for different departure taxes according to whether the flight in question is domestic or intra-Community, the Italian (Language of the case: Italian) Republic has failed to fulfil its obligations under the combined provisions of Article 59 of the EC Treaty (now, after amend- (Provisional translation; the definitive translation will be published ment, Article 49 EC) and Article 3(1) of Council Regulation in the European Court Reports) (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (OJ 1992 L 240, In Case C-100/99: Italian Republian (Agent: U. Leanza, assisted p. 8) — the Court (Second Chamber), composed of: V. Skouris by D. Del Gaizo) v Council of the European Union (Agents: (Rapporteur), President of the Chamber, R. Schintgen and G. Maganza and I. Dı´ez Parra) and Commission of the N. Colneric, Judges; S. Alber, Advocate General; R. Grass, European Communities (Agents: K.-D. Borchardt and F. Rug- Registrar, has given a judgment on 4 July 2001, in which it: geri Laderchi) — application for annulment of: C 275/2 EN Official Journal of the European Communities 29.9.2001

— Council Regulation (EC) No 2800/98 of 15 December European Communities, (Agents: J.-M. Stenier, J. Inghelram 1998 on transitional measures to be applied under and P. Giusta) — the Court, composed of: G.C. Rodrı´guez the common agricultural policy with a view to the Iglesias, President, C. Gulmann, M. Wathelet and V. Skouris introduction of the euro (OJ 1998 L 349, p. 8) and, more (Presidents of Chambers), D.A.O. Edward, J.-P. Puissochet particularly, Articles 2 and 3 thereof; (Rapporteur), P. Jann, L. Sevo´n, R. Schintgen, F. Macken and C.W.A. Timmermans, Judges; D. Ruiz-Jarabo Colomer, — Council Regulation (EC) No 2799/98 of 15 December Advocate General; H. von Holstein, Deputy Registrar, for the 1998 establishing agrimonetary arrangements for the Registrar, has given a judgment on 10 July 2001, in which it: euro (OJ 1998 L 349, p. 1) and, more particularly, Articles 4 and 5 thereof and the annex thereto, in 1. Dismisses the appeal; particular paragraphs 1 and 2 thereof; 2. Orders Ismeri Europa Srl to pay the costs. — Commission Regulation (EC) No 2808/98 of 22 Decem- ber 1998 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture (OJ (1) OJ C 333 of 20.11.1999. 1998 L 349, p. 36); and

— Commission Regulation (EC) No 2813/98 of 22 Decem- ber 1998 laying down detailed rules for applying the transitional measures for the introduction of the euro to the common agricultural policy (OJ 1998 L 349, p. 48), the Court (Fifth Chamber), composed of: A. La Pergola, JUDGMENT OF THE COURT President of the Chamber, M. Wathelet, D.A.O. Edward, P. Jann (Rapporteur) and L. Sevo´ n, Judges; F.G. Jacobs, Advocate of 12 July 2001 General; H.A. Rühl, Principal Administrator, for the Registrar, has given a judgment on 5 July 2001, in which it: in Case C-368/98 (reference for a preliminary ruling from the Cour du travail de Mons): Abdon Vanbraekel and 1. Dismisses the application; Others v Alliance nationale des mutualités chrétiennes (ANMC)(1) 2. Orders the Italian Republic to pay the costs. (Social security — Sickness insurance — Articles 22 and 36 of Regulation (EEC) No 1408/71 — Freedom to provide (1) OJ C 160 of 5.6.1999. services — Article 59 of the EC Treaty (now, after amendment, Article 49 EC) — Hospital treatment costs incurred in another Member State — Refusal of authorisation sub- sequently declared unfounded) (2001/C 275/04)

(Language of the case: French) JUDGMENT OF THE COURT (Provisional translation; the definitive translation will be published 10 July 2001 in the European Court Reports) in Case C-315/99 P: Ismeri Europa Srl v Court of Auditors In Case C-368/98: reference to the Court under Article 177 of of the European Communities(1) the EC Treaty (now Article 234 EC) from the Cour de travail de Mons (Higher Labour Court, Mons) Belgium for a (Appeal — MED programmes — Special Report No 1/96 of preliminary ruling in the proceedings pending before that the Court of Auditors — Principle of the right to a hearing court between Abdon Vanbraekel and Others and Alliance — Naming of third parties — Necessity and proportionality) nationale des mutualités chrétiennes (ANMC) — on the interpretation of Articles 22 and 36 of Council Regulation (2001/C 275/03) (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed (Language of the case: Italian) persons and to members of their families moving within the (Provisional translation; the definitive translation will be published Community, in the version amended and updated by Council in the European Court Reports) Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), and of Article 59 of the EC Treaty (now, after amendment, In Case C-315/99 P: Ismeri Europa Srl, established in Rome Article 49 EC) — the Court, composed of: G.C. Rodrı´guez (Italy), represented by S. Ristuccia and G.L. Tosato, avvocati, Iglesias, President, C. Gulmann, A. La Pergola (Rapporteur), appeal against the judgment of the Court of First Instance of M. Wathelet and V. Skouris (Presidents of Chambers), the European Communities (Third Chamber) of 15 June 1999 D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevo´n, R. Schintgen in Case T-277/97 Ismeri Europa v Court of Auditors [1999] and F. Macken, Judges; A. Saggio, Advocate General; H.A. Rühl, ECR II-1825) seeking to have that judgment set aside, the Principal Administrator, for the Registrar, has given a judgment other party to the proceedings being: Court of Auditors of the on 12 July 2001, in which it has ruled: