Judgment_paragraph 11 · Ministero delle Finanze v Spac SpA (C-260/96)

11In those circumstances, the Corte d'Appello di Venezia stayed proceedings pending a preliminary ruling from the Court of Justice on the following question:‘In proceedings before an Italian court for reimbursement of charges paid pursuant to provisions of national law which, in view of the interpretation given by the Court of Justice in Joined Cases C-71/91 and C-178/91 Ponente Carni and Another v Amministrazione delle Finanze dello Stato, conflict with Artide 10 of Council Directive 69/335/EEC of 17 July 1969, is a provision of national law which, by removing such actions from the scope of the ordinary rules governing actions for the recovery of charges paid but not due, and making them subject to special rules governing the reimbursement of charges paid in error, requires that the right of action be exercised within a time-limit reckoned from the date of payment rather than from the time when the relevant Community directive was properly transposed into national law, compatible with the principles laid down in that directive and adopted in its interpretation, and the general principles of Community law upheld by the Court of Justice in Case C-208/91 ?’

Ministero delle Finanze v Spac SpA (C-260/96)

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