Case C-165/02: Action brought on 2 May 2002 by the Kingdom of Spain against the Commission of the European Communities
Date: 2002-06-15
Institutions: Court of Justice
Subjects: European Commission, Spain, action for annulment, conservation of resources, fish, fishing regulations

C 144/28

EN

Official Journal of the European Communities

15.6.2002

3) Must the person who acquired the specimen more than

50 years previously be the present owner?

4) Do the provisions on exemption in Article 32 of Regu-
lation No 1808/2001 (2) mean that no assessment by the
authority in accordance with Article 2(w) of Regulation
No 338/97 is required?

(1) Council Regulation (EC) No 338/97 of 9 December 1996 on the
protection of species of wild fauna and flora by regulating trade
therein (OJ L 061 of 3.3.1997, p. 1).

(2) Commission Regulation (EC) No 1808/2001 of 30 August 2001
laying down detailed rules concerning the implementation of
Council Regulation (EC) No 338/97 on the protection of species
of wild fauna and flora by regulating trade therein (OJ L 250 of
19.9.2001, p. 1).

— point H(e) of that annex (relating to Italy)

includes,
amongst the benefits under the Italian system which are
subject to residence requirements, benefits supplementing
the minimum pension;

— benefits supplementing the minimum pension do not
possess the characteristics of an autonomous benefit, but
must instead be regarded as an integral element of the
benefit to be awarded,

— the Court of Justice is requested to give a preliminary
ruling on the validity of Annex IIa of Regulation No 1408/
71, inasmuch as it includes amongst the ‘non-exportable’
benefits listed in point H(e) (relating to Italy) the sup-
plement to the minimum pension as provided for by the
Italian legislation;

in other words, a ruling is requested on the question whether
that annex is compatible with Articles 39 and 42 of the EC
Treaty inasmuch as it precludes the exportability not of a
special non-contributory benefit but rather of an element of a
contributory benefit (in this case, an old-age pension) which
cannot be subject to any residence requirement.

(1) OJ L 149 of 5.7.1971, p. 2.
(2) OJ L 136 of 19.5.1992, p. 1.

Reference for a preliminary ruling by the Tribunale di
Roma by order of that Court of 5 April 2002 in the
case of Lidia Marcaletti against Istituto nazionale della
previdenza sociale (INPS)

(Case C-158/02)

(2002/C 144/47)

Action brought on 2 May 2002 by the Kingdom of Spain
against the Commission of the European Communities

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Roma
(Rome District Court) of 5 April 2002, received at the Court
Registry on 29 April 2002, for a preliminary ruling in the case
of Lidia Marcaletti against Istituto nazionale della previdenza
(National Social Welfare Institution) on the
sociale (INPS)
following questions: Whereas:

— Article 4 of Regulation (EEC) No 1408/71 (1) lists the
benefits from amongst the various branches of social
security which fall within the substantive scope of that
regulation;

— Article 1(t) sets out a Community definition of the terms

‘benefits’ and ‘pensions’;

— Annex IIa, introduced by Regulation No 1247/92 (2) of
30 April 1992, refers to the special non-contributory
benefits which are subject to residence conditions;

(Case C-165/02)

(2002/C 144/48)

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 2 May 2002 by the Kingdom of Spain,
represented by Rosario Silva de Lapuerta, Abogado del Estado,
with an address for service in Luxembourg at the Spanish
Embassy, 4-6, boulevard E. Servais.

The applicant claims that the Court should:

— annul Commission Regulation (EC) No 494/2002 (1) of
19 March 2002 establishing
technical
measures for the recovery of the stock of hake in ICES
sub-areas III, IV, V, VI and VII and ICES divisions VIII a,
b, d, e;

additional

— order the defendant institution to pay the costs.

15.6.2002

EN

Official Journal of the European Communities

C 144/29

Pleas in law and main arguments

Removal from the register of Case C-233/99 (1)

— Incorrect legal basis and lack of competence of the
Commission: The contested regulation has as its legal
basis Article 45(1) of Council Regulation (EC) No 850/98
for the conservation of fishery resources through techni-
cal measures for the protection of juveniles of marine
organisms. That provision confers on the Commission
limited legislative power which that institution may use
only in such cases and under such conditions as provided
in that provision, whilst general power to legislate in the
matter of fisheries resides with the Council in accordance
with the procedure laid down in Article 37 EC. In the
present case,
the Commission refers to a report of
November 2000 by the International Council for the
Exploration of the Sea and to Regulation No 1162/2001
(which, in the Commission’s own words ‘cannot produce
any effect whatsoever’ — see OJ L 47 of 19.2.2002,
p. 21). No other data are produced to substantiate the
statement made on 19 March that conservation of hake
resources in the ICES areas affected required immediate
action by the Commission.

— Breach of the principle of non-discrimination:

— Lack of a statement of reasons

(2002/C 144/50)

By order of 21 March 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-233/99 (Reference for a preliminary
ruling by Københavns Byret): Anklagemyndigheden (Public
Prosecution Department) v Tonny Haugsted Hansen.

(1) OJ C 246 of 28.8.1999.

Removal from the register of Case C-369/99 (1)

(2002/C 144/51)

The main arguments put forward in support of the last two
pleas are similar to those in Case C-304/01 (2).

By order of 19 March 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-369/99: Kingdom of Spain v
Commission of the European Communities.

(1) OJ L 77, p. 8 of 20.3.2002.
(2) OJ C 289 of 13.10.2001, p. 15.

(1) OJ C 6 of 8.1.2000.

Removal from the register of Case C-61/99 (1)

Removal from the register of Case C-407/99 (1)

(2002/C 144/49)

(2002/C 144/52)

By order of 8 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-61/99 (Referral for a preliminary
ruling by the Landgericht Mainz): Deutsche Post AG v Landal
Green Parks GmbH.

By order of 11 December 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-407/99 (Referral for a preliminary
ruling by the Bundessozialgericht): Vetharanigam Pathminidevi
v Landeskreditbank Baden-Württemberg — Förderbank.

(1) OJ C 121 of 1.5.1999.

(1) OJ C 34 of 5.2.2000.