# C_2005006EN.01000501.xml

| 8.1.2005 | EN | Official Journal of the European Union | C 6/5 |
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8.1.2005

EN

Official Journal of the European Union

C 6/5

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 11 November 2004

in Case C-216/02 (reference for a preliminary ruling from the Verwaltungsgerichtshof): Österreichischer Zuchtverband für Ponys, Kleinpferde und Spezialrassen v Burgenländische Landesregierung (1)

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(Free movement of goods - Intra-Community trade in equidæ - Procedure for the approval or recognition of organisations and associations which maintain or establish stud-books for registered equidæ - Article 2(2) of Decision 92/353/EEC)

(2005/C 6/07)

Language of the case: German

In Case C-216/02: reference for a preliminary ruling under Article 234 EC from the Verwaltungsgerichtshof (Austria), made by decision of 23 May 2002, received at the Court on 12 June 2002, in the proceedings between Österreichischer Zuchtverband für Ponys, Kleinpferde und Spezialrassen and Burgenländische Landesregierung, and Österreichischer Shetlandponyzuchtverband (intervener) – the Court (First Chamber), composed of: P. Jann, President of the Chamber, A. Rosas (Rapporteur) and R. Silva de Lapuerta, Judges; D. Ruiz-Jarabo Colomer, Advocate General; M.-F. Contet, Principal Administrator, has given a judgment on 11 November 2004, in which it has ruled:

| 1. | On a proper construction of the first indent of Article 2(2) of Commission Decision 92/353/EEC of 11 June 1992 laying down the criteria for the approval or recognition of organisations and associations which maintain or establish stud-books for registered equidæ, where one or more of the circumstances mentioned in that provision is or are proved to exist, organisations or associations already officially recognised or approved in respect of a breed of equidæ are not entitled to demand of the competent authorities that the latter should refuse to recognise or approve a new association or organisation maintaining or establishing stud-books for the same breed. |
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1.

On a proper construction of the first indent of Article 2(2) of Commission Decision 92/353/EEC of 11 June 1992 laying down the criteria for the approval or recognition of organisations and associations which maintain or establish stud-books for registered equidæ, where one or more of the circumstances mentioned in that provision is or are proved to exist, organisations or associations already officially recognised or approved in respect of a breed of equidæ are not entitled to demand of the competent authorities that the latter should refuse to recognise or approve a new association or organisation maintaining or establishing stud-books for the same breed.

| 2. | It is not contrary to Community law for the legislation of a Member State to deprive associations and organisations already in existence, which have submitted observations opposing the recognition of a new association or organisation, of a judicial means of obtaining redress challenging the competent national authorities' decision to grant recognition. |
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2.

It is not contrary to Community law for the legislation of a Member State to deprive associations and organisations already in existence, which have submitted observations opposing the recognition of a new association or organisation, of a judicial means of obtaining redress challenging the competent national authorities' decision to grant recognition.

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(1)   OJ C 191 of 10.8.2002.

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