Case C-462/01: Reference for a preliminary ruling by the Halmstads Tingsrätt (Sweden) by order of that court of 8 November 2001 in the case of Åklagaren v Ulf Hammarsten
Date: 2002-04-06
Institutions: Court of Justice
Subjects: Sweden, hemp, interpretation of the law, production quota

6.4.2002

EN

Official Journal of the European Communities

C 84/43

should proceed to enter the customs debt in question in
the accounts. By virtue of Article 221(1) of the CCC, the
Member State is required to take immediate steps,
following the entry in the accounts, to recover the debt
by communicating the amount thereof to the debtor. The
Netherlands is incorrect in its view that it may take as
much time as it wishes to carry out a careful assessment,
‘having regard to the quantity and complexity of the
evidence produced in a given case’. The argument
advanced by the Netherlands can only be regarded as
seeking the application of Article 219 of
the CCC.
However, Articles 218 and 219 of the CCC are provisions
the
designed to safeguard the financial
Community, for which customs receipts constitute a
form of own resources, and which thus has an interest in
the rapid determination of those receipts. Consequently,
it is not open to the Member States to invoke, at will,
extensions under Article 219 of the CCC as against the
Commission. On the contrary, the Member States must
always show why the reasons invoked by them render it
necessary to extend the time-limit
for entry in the
accounts.

interests of

— Infringement of Articles 9 and 10 of Regulation

No 1552/89.

— Infringement of Article 11 of Regulation No 1552/89:
the infringements complained of in the last two pleas are
necessary consequences of the infringement described in
the first plea. During the period in question, the Nether-
In
lands failed to make the principal sum available.
addition, it has hitherto constantly refused to pay the
corresponding default interest. Since the end of 1996
the Commission has been requesting the Netherlands
authorities to pay to it the sum of NLG 5 323 395,06 by
way of default interest.

(1) OJ 1987 L 107, p. 1.
(2) OJ 1992 L 132, p. 1.
(3) OJ 1993 L 253, p. 1.
(4) OJ 1989 L 155, p. 1.
(5) OJ 1992 L 302, p. 1.

(1) Does Article 28 of the Treaty of Rome permit a Member
State to prohibit cultivation or other processing of
‘industrial hemp’ allowed under EC regulations?

(2)

If that is not the case, can an exception nevertheless be
made under Article 30 of the Treaty of Rome with the
result that such a prohibition does not conflict with EC
law?

(3)

If that is not the case, can the Swedish prohibition be
accepted on some other ground?

Action brought on 4 December 2001 by the Commission
of the European Communities against the Republic of
Austria

(Case C-465/01)

(2002/C 84/75)

An action against
the Republic of Austria was brought
before the Court of Justice of the European Communities on
4 December 2001 by the Commission of
the European
Communities, represented by Jörn Sack, Legal Adviser in the
Commission of the European Communities, with an address
for service at the office of Luis Escobar Guerrero, of the
Commission’s Legal Service, Wagner Centre, Kirchberg, Lux-
embourg.

Reference for a preliminary ruling by the Halmstads
Tingsrätt (Sweden) by order of that court of 8 November
2001 in the case of Åklagaren v Ulf Hammarsten

(Case C-462/01)

(2002/C 84/74)

The applicant claims that the Court should:

(1) declare that:

Reference has been made to the Court of Justice of the
European Communities by order of the Halmstads Tingsrätt
(District Court, Halmstad) of 8 November 2001, which was
received at the Court Registry on 3 December 2001, for a
preliminary ruling in the case of Åklagaren v Ulf Hammarsten
on the following questions:

(a)

by excluding workers from other EC/EEA Member
to stand for election to
States from the right
chambers of workers, the Republic of Austria has
failed to fulfil
its obligations under Article 8 of
Regulation (EEC) No 1612/68 (1) on freedom of
movement for workers within the Community and
under Article 28 of the Agreement on the European
Economic Area;