Siples Srl, in liquidation v Ministero delle Finanze and Servizio della Riscossione dei Tributi - Concessione Provincia di Genova - San Paolo Riscossioni Genova SpA.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Jann
• ECLI: ECLI:EU:C:2001:14
• Date: 11 January 2001
• Docket Number: C-226/99
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61999J0226

Judgment of the Court (Fifth Chamber) of 11 January 2001. - Siples Srl, in liquidation v Ministero delle Finanze and Servizio della Riscossione dei Tributi - Concessione Provincia di Genova - San Paolo Riscossioni Genova SpA. - Reference for a preliminary ruling: Tribunale civile e penale di Genova - Italy. - Common Customs Code - Appeals - Suspension of implementation of a decision of the customs authorities. - Case C-226/99.

European Court reports 2001 Page I-00277

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

Customs union Application of the customs rules Right of action Suspension of implementation Authorities competent to suspend implementation

(Council Regulation No 2913/92, Arts 243 and 244)

Summary

$$Article 244 of Regulation No 2913/92 establishing the Community Customs Code is to be interpreted as meaning that it confers the power to suspend implementation of a contested decision exclusively on the customs authorities. However, that provision does not limit the power of the judicial authorities seised of a dispute pursuant to Article 243 of that Code to order such suspension in order to comply with their obligation to ensure the full effectiveness of Community law.

( see para. 20 and operative part )

Parties

In Case C-226/99,

REFERENCE to the Court under Article 234 EC by the Tribunale Civile e Penale di Genova (Italy) for a preliminary ruling in the proceedings pending before that court between

Siples Srl, in liquidation,

and

Ministero delle Finanze,

Servizio della Riscossione dei Tributi Concessione Provincia di Genova San Paolo Riscossioni Genova SpA,

on the interpretation of Article 244 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1),

THE COURT (Fifth Chamber),

composed of: A. La Pergola, President of the Chamber, M. Wathelet, D.A.O. Edward, P. Jann (Rapporteur) and L. Sevón, Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

Registrar: H.A. Rühl, Principal Administrator,

after considering the written observations submitted on behalf of:

Siples Srl, in liquidation, by P. Massa, avvocato,

the Italian Government, by U. Leanza, acting as Agent, and I.M. Braguglia, Avvocato dello Stato,

the Swedish Government, by I. Simfors, acting as Agent,

the Commission of the European Communities, by A. Aresu and R. Tricot, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of the Italian Government, represented by G. De Bellis, Avvocato dello Stato, and of the Commission, represented by P. Stancanelli, acting as Agent, at the hearing on 22 June 2000,

after hearing the Opinion of the Advocate General at the sitting on 26 September 2000,

gives the following

Judgment

Grounds

1 By order of 25 May 1999, received at the Court on 11 June 1999, the Tribunale Civile e Penale di Genova (District Court, Genoa) referred to the Court for a preliminary ruling under Article 234 EC a question on the interpretation of Article 244 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community...