Judgment of the Court (Sixth Chamber) of 11 January 2001 in Case C-403/98 (reference for a preliminary ruling from the Tribunale Civile e Penale di Cagliari, Italy): Azienda Agricola Monte Arcosu Srl v Regione Autonoma della Sardegna, Organismo Comprensoriale No 24 della Sardegna, Ente Regionale per l'Assistenza Tecnica in Agricoltura (ERSAT) (Agriculture — Farmer practising farming as his main occupation — Concept — Private limited company)
Date: 2001-06-02
Institutions: Court of Justice
Subjects: application of EU law, farmer, interpretation of the law, legal person, policy on agricultural structures

2.6.2001

EN

Official Journal of the European Communities

C 161/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Fifth Chamber)

of 11 January 2001

2. Annuls the decision of

the European
Communities of 26 August 1996 rejecting Mr Gevaert’s
request for a review of his classification in grade;

the Commission of

3. Orders the Commission of the European Communities to bear
all the costs of the proceedings before the Court of First Instance
and the Court of Justice.

in Case C-389/98 P: Hans Gevaert v Commission of the
European Communities (1)

(1) OJ C 397, 19.12.1998.

(Appeals — Officials — Request for review of classification
in grade — Action — Expiry of time-limits — New fact —
Inequality of treatment)

(2001/C 161/01)

JUDGMENT OF THE COURT

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-389/98 P: Hans Gevaert, an official of the Com-
mission of the European Communities, residing in Merelbeke
(Belgium), represented by N. Lhoëst — application for an
appeal against the order of the Court of First Instance of the
European Communities (First Chamber) of 19 August 1998 in
Case T-160/97 Gevaert v Commission [1998] ECR-SC I-A-
465 and II-1363, seeking to have that order set aside:
Commission of the European Communities (Agents: G. Valses-
ia, C. Berardis-Kayser and F. Duvieusart-Clotuche) — the Court
(Fifth Chamber), composed of: D.A.O. Edward, acting as
President of the Fifth Chamber, P. Jann and L. Sevo´ n (Rappor-
teur), Judges; P. Léger, Advocate General; L. Hewlett, Adminis-
trator, for the Registrar, has given a judgment on 11 January
2001, in which it:

(Sixth Chamber)

of 11 January 2001

in Case C-403/98 (reference for a preliminary ruling from
the Tribunale Civile e Penale di Cagliari, Italy): Azienda
Agricola Monte Arcosu Srl v Regione Autonoma della
Sardegna, Organismo Comprensoriale No 24 della Sardeg-
na, Ente Regionale per l’Assistenza Tecnica in Agricoltura
(ERSAT) (1)

(Agriculture — Farmer practising farming as his main
occupation — Concept — Private limited company)

(2001/C 161/02)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

1.

Sets aside the order of the Court of First Instance of 19 August
1998 in Case T-160/97 Gevaert v Commission;

In Case C-403/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Tribunale Civile

C 161/2

EN

Official Journal of the European Communities

2.6.2001

e Penale di Cagliari (Civil and Criminal District Court, Cagliari),
Italy, for a preliminary ruling in the proceedings pending
before that court between Agricola Monte Arcosu Srl and
Regione Autonoma della Sardegna, Organismo Comprensoria-
le No 24 della Sardegna, Ente Regionale per l’Assistenza
Tecnica in Agricoltura (ERSAT) — on the interpretation of
Article 2(5) of Council Regulation (EEC) No 797/85 of
12 March 1985 on improving the efficiency of agricultural
structures (OJ 1985 L 93, p. 1) and of Article 5(5) of Council
Regulation (EEC) No 2328/91 of 15 July 1991 on improving
the efficiency of agricultural structures (OJ 1991 L 218, p. 1)
— the Court (Sixth Chamber), composed of: C. Gulmann,
President of the Chamber, V. Skouris and F. Macken (Rappor-
teur), Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
11 January 2001, in which it has ruled:

B. Uriarte Valiente, Avocats — application for an appeal
against the order of the Court of First Instance of the European
Communities (First Chamber) of 14 October 1998 in Case
T-224/97 Martı´nez del Peral Cagigal v Commission [1998]
ECR-SC I-A-581 and II-1741, seeking to have that order set
aside: Commission of the European Communities (Agents:
J. Guerra Fernandez and F. Duvieusart-Clotuche) — the Court
(Fifth Chamber), composed of: D.A.O. Edward, acting as
President of the Chamber, P. Jann and L. Sevo´ n (Rapporteur),
Judges; P. Léger, Advocate General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 11 January 2001,
in which it:

1.

Sets aside the order of the Court of First Instance of the
European Communities of 14 October 1998 in Case
T-224/97 Martı´nez del Peral Cagigal v Commission;

The last subparagraph of Article 2(5) of Council Regulation (EEC)
No 797/85 of 12 March 1985 on improving the efficiency of
agricultural structures and the last subparagraph of Article 5(5) of
Council Regulation (EEC) No 2328/91 of 15 July 1991 on
improving the efficiency of agricultural structures may not be relied
on before a national court by limited companies seeking to obtain the
status of farmers practising farming as their main occupation where
the legislature of a Member State has not adopted the provisions
necessary for their implementation in the national legal system.

(1) OJ C 20, 23.1.1999.

2. Annuls the decision of

the Commission of

the European
Communities of 24 October 1996 rejecting Mrs Martı´nez del
Peral Cagigal’s request for a review of her classification in grade,
upheld by the decision of the Commission of 29 April 1997
rejecting the complaint lodged on 23 January 1997;

3. Orders the Commission of the European Communities to bear
all the costs of the proceedings before the Court of First Instance
and the Court of Justice.

(1) OJ C 48, 20.2.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 11 January 2001

in Case C-459/98 P: Isabel Martı´nez del Peral Cagigal v
Commission of the European Communities (1)

(Appeal — Officials — Application for review of classifi-
cation in grade — Action — Expiry of time-limits — New
material fact — Equal treatment)

(2001/C 161/03)

(Language of the case: Spanish)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 11 January 2001

in Case C-464/98 [reference for a preliminary ruling from
the Landesgericht für Zivilrechtssachen Wien (Austria)]:
Westdeutsche Landesbank Girozentrale v Friedrich Ste-
fan, in the presence of: Republik O¨ sterreich (1)

(National rules prohibiting the registration of mortgages in
foreign currencies — Breach of that prohibition before
Community law entered into force in Austria — Interpret-
ation of Article 73b of the EC Treaty (now Article 56 EC)
— Whether Community law can operate to remedy the
registration)

(2001/C 161/04)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-459/98 P: Isabel Martı´nez del Peral Cagigal, an
official of the Commission of the European Communities,
residing in Brussels (Belgium), represented by A. Creus and

In Case C-464/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Landesgericht für
Zivilrechtssachen Wien (Regional Civil Court, Vienna), Austria,