Order of the Court (First Chamber) of 12 July 2001 in Case C-256/99 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Crown Office)): The Queen v Secretary of State for the Home Department (Article 104(3) of the Rules of Procedure — Question identical to a question on which the Court has already ruled)
Date: 2001-10-13
Institutions: Court of Justice
Subjects: EU national, Northern Ireland, United Kingdom, free movement of persons, interpretation of the law, residence permit

13.10.2001

EN

Official Journal of the European Communities

C 289/5

Decision 2001/246/EC of 27 March 2001 laying down the
conditions for the control and eradication of foot-and-mouth
disease in the Netherlands in application of Article 13 of
Directive 85/511/EEC, as amended by Commission Decision
2001/279/EC of 5 April 2001.

(1) OJ C 173 of 16.6.2001.

ORDER OF THE COURT

(Sixth Chamber)

of 3 July 2001

in Case C-241/99 (reference for a preliminary ruling from
the Tribunal Superior de Justicia de Galicia): Confedera-
cio´ n Intersindical Galega (CIG) v Servicio Galego de Sau´ de
(Sergas) (1)

(Article 104(3) of the Rules of Procedure — Social policy —
Protection of the health and safety of workers — Directives
89/391/EEC and 93/104/EC — Scope — Primary care
services personnel — Average period of work — Inclusion of
time on call)

(2001/C 289/08)

(Language of the case: Spanish)

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

In Case C-241/99: reference to the Court under Article 234
EC from the Tribunal Superior de Justicia de Galicia (Spain),
for a preliminary ruling in the proceedings pending before that
court between Confederacio´ n Intersindical Galega (CIG) and
Servicio Galego de Safide (Sergas) — on the interpretation of
Council Directive 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage improvements in the
safety and health of workers at work (OJ 1989 L 183, p. 1)
and Council Directive 93/104/EC of 23 November 1993
concerning certain aspects of the organization of working time
(OJ 1993 L 307, p. 18) — the Court (Sixth Chamber),
composed of: C. Gulmann, President of the Chamber, V. Skour-
is, R. Schintgen, N. Colneric and J.N. Cunha Rodrigues
(Rapporteur), Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given an order on 3 July 2001, the operative
part is as follows:

1) An activity such as that of the medical and nursing staff
providing services for Servicio Galego de Sau´ de in the on-call
service, in primary care teams and in other services which treat
outside emergencies in the area of the Autonomous Community
of Galicia fall within the scope of Council Directive 93/104/EC
of 23 November 1993 concerning certain aspects of
the
organization of working time.

2) An activity such as that of the medical and nursing staff
providing services for Servicio Galego de Sau´ de in the on-call
service, in primary care teams and in other services which treat

outside emergencies in the area of the Autonomous Community
of Galicia does not come within the scope of the exception
or exclusions laid down in Article 2 of Council Directive
89/391/EEC of 12 June 1989 on the introduction of measures
to encourage improvements in the safety and health of workers
at work. However, such an activity may come under the
derogations provided for in Article 17 of Directive 93/104, in
so far as the conditions set out in that provision are fulfilled.

3)

Time spent on call, when their physical presence is required, by
the medical and nursing staff providing services for Servicio
Galego de Sau´ de in the on-call service, in primary care teams
and in other services which treat outside emergencies in the area
of the Autonomous Community of Galicia must be regarded in
its entirety as working time, and where appropriate as overtime,
within the meaning of Directive 93/104.

(1) OJ C 246 of 28.8.1999.

ORDER OF THE COURT

(First Chamber)

of 12 July 2001

in Case C-256/99 (reference for a preliminary ruling from
the High Court of Justice of England and Wales, Queen’s
Bench Division (Crown Office)): The Queen v Secretary
of State for the Home Department (1)

(Article 104(3) of the Rules of Procedure — Question
identical to a question on which the Court has already ruled)

(2001/C 289/09)

(Language of the case: English)

In Case C-256/99: reference to the Court under Article 234
EC from the High Court of Justice of England and Wales,
Queen’s Bench Division (Crown Office) for a preliminary
ruling in the proceedings pending before that court between
The Queen and Secretary of State for the Home Department,
ex parte Cheung Chiu Hung, intervener: Justice — on the
interpretation of Articles 8 and 8a of the EC Treaty (now, after
amendment, Articles 17 EC and 18 EC), of the Declaration by
the Government of the United Kingdom of Great Britain and
Northern Ireland on the definition of the term ‘nationals’,
the Treaty concerning the
annexed to the Final Act of
Accession of the Kingdom of Denmark, Ireland and the United
Kingdom of Great Britain and Northern Ireland to the European

C 289/6

EN

Official Journal of the European Communities

13.10.2001

Communities (OJ 1972 L 73, p. 196), of the new Declaration
by the Government of the United Kingdom of Great Britain
and Northern Ireland on the definition of the term ‘nationals’
(OJ 1983 C 23, p. 1), and of Declaration No 2 on nationality
of a Member State, annexed to the Final Act of the Treaty on
European Union (OJ 1992 C 191, p. 98) — the Court
(First Chamber), composed of: M. Wathelet, President of the
Chamber, P. Jann and L. Sevo´ n (Rapporteur), Judges; P. Léger,
Advocate General; R. Grass, Registrar, has made an order on
12 July 2001, the operative part of which is as follows:

In order to determine whether a person is a national of the United
Kingdom of Great Britain and Northern Ireland for the purposes of
Community law, it is necessary to refer to the 1982 Declaration by
the Government of the United Kingdom of Great Britain and
Northern Ireland on the definition of the term ‘nationals’ which
replaced the 1972 Declaration by the Government of the United
Kingdom of Great Britain and Northern Ireland on the definition of
the term ‘nationals’, annexed to the Final Act of the Treaty concerning
the Accession of the Kingdom of Denmark, Ireland and the United
Kingdom of Great Britain and Northern Ireland to the European
Communities.

(1) OJ C 246 of 28.8.1999.

ORDER OF THE COURT OF JUSTICE

(Second Chamber)

of 28 June 2001

in Case C-351/99 P: Eridania SpA and Others v Council of
the European Union and Others (1)

(Appeal — Common organisation of the market in the sugar
sector — System of storage fees — Authorisation for the
grant of national aid — Abolition — 1995/96 marketing
year — Appeals by sugar producers — Acts of direct and
individual concern to them — Provision fixing the amount
of reimbursement for compensation for storage costs —
Inadmissibility)

(2001/C 289/10)

(Language of the case: Italian)

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

In Case C-351/99 P: Eridania SpA, formerly Eridania Zuccheri-
fici Nazionali SpA, established in Genoa,
Industria
Saccarifera Italiana Agroindistriale SpA (ISI), established in
Padua, Italy, Sadam Zuccerifici, a division of SECI — Società
Esercizi Commerciali Industriali SpA, established in Bologna,
Italy, Sadam Castigliognese SpA, established in Bologna, Sadam

Italy,

Abruzzo SpA, established in Bologna, Zuccherificio del Molise
SpA, established in Termoli, Italy, Società Fondiaria Industriale
Romagnola SpA (SFIR), established in Cesena, Italy, represent-
ed by B. O’Connor, Solicitor, and I. Vigliotti, avvocato, —
appeal against the order of the Court of First Instance of the
European Communities (First Chamber) of 8 July 1999 in Case
T-158/95 Eridania and Others v Council [1999] ECR II-2219,
seeking to have that order set aside, the other parties to the
proceedings being, Council of the European Union (Agents:
I. Diez Parra and J.P. Hix), Commission of the European
Communities (Agent: F.P. Ruggeri Laderchi) and Ponteco
Zuccheri SpA, established in Pontelagoscuro, Italy — the Court
(Second Chamber), composed of V. Skouris, President of the
Chamber, R. Schintgen and N. Colneric (Rapporteur), Judges;
J. Mischo, Advocate General; R. Grass, Registrar, has given a
judgment on 28 June 2001, in which it:

1. Dismisses the appeal;

2. Orders Eridania SpA, Industria Saccarifera Italiana Agroindis-
triale SpA (ISI), Sadam Zuccerifici, a division of SECI
Industriali SpA, Sadam
— Societh Esercizi Commerciali
Castigliognese SpA, Sadam Abruzzo SpA, Zuccherificio del
Molise SpA and Società Fondiaria Industriale Romagnola SpA
(SFIR) jointly to pay the costs;

3. Orders the Commission to bear its own costs.

(1) OJ C 352, 4.12.1999.

ORDER OF THE COURT OF JUSTICE

(Second Chamber)

of 28 June 2001

in Case C-352/99 P: Eridania SpA and Others v Council of
the European Union and Others (1)

(Appeal — Common organisation of the market in the sugar
sector — Pricing system — Regionalisation — Classification
of Italy — 1995/96 marketing year — Appeals by sugar
producers — Acts of direct and individual concern to them
— Provision fixing the derived intervention price of white
sugar for all the zones of Italy — Inadmissibility)

(2001/C 289/11)

(Language of the case: Italian)

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

In Case C-351/99 P: Eridania SpA, formerly Eridania Zuccheri-
Industria
fici Nazionali SpA, established in Genoa,

Italy,