Judgment of the Court (Second Chamber) 30 May 2002 in Joined Cases C-284/00 and C-288/00 (Reference for a preliminary ruling from the Bundesverwaltungsgericht): Stratmann GmbH und Co. KG v Landrätin des Kreises Wesel (C-284/00) and Fleischversorgung Neuss GmbH und Co. v Landrat des Kreises Neuss (C-288/00) (Common agricultural policy — Fees for health inspections and controls in respect of fresh meat)
Date: 2002-07-13
Institutions: Court of Justice
Subjects: domestic market, food inspection, fresh meat, health control, health legislation, interpretation of the law, marketing, veterinary inspection

C 169/8

EN

Official Journal of the European Communities

13.7.2002

JUDGMENT OF THE COURT

4 June 2002

in Case C-164/00 (Reference for a preliminary ruling from
the High Court of Justice (England & Wales), Queen’s
Bench Division): Katia Beckmann v Dynamco Whicheloe
Macfarlane Ltd (1)

(Directive 77/187/EEC — Safeguarding of employees’ rights
in the event of transfers of undertakings, businesses or parts
of businesses — Conditions for appplying exceptions to
maintenance of rights — Benefits provided for in the event
of dismissal)

(2002/C 169/12)

(Language of the case: English)

In Case C-164/00: Reference to the Court under Article 234
EC by the High Court of Justice of England and Wales, Queen’s
Bench Division, for a preliminary ruling in the proceedings
pending before that court between Katia Beckmann and
Dynamco Whicheloe Macfarlane Ltd, on the interpretation of
Article 3 of Council Directive 77/187/EEC of 14 February
1977 on the approximation of the laws of the Member States
relating to the safeguarding of employees’ rights in the event
of transfers of undertakings, businesses or parts of businesses
(OJ 1977 L 61, p. 26), the Court (Sixth Chamber), composed
of: G.C. Rodrı´guez Iglesias, President, N. Colneric, and S. von
Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,
A. La Pergola,
J.-P. Puissochet (Rapporteur), M. Wathelet,
R. Schintgen, J.N. Cunha Rodrigues and C.W.A. Timmermans,
Judges; S. Alber, Advocate General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 4 June 2002, in
which it has ruled:

1.

Early retirement benefits and benefits intended to enhance the
conditions of such retirement, paid in the event of dismissal to
employees who have reached a certain age, such as the benefits
at issue in the main proceedings, are not old-age, invalidity or
survivors’ benefits under supplementary company or inter-
company pension schemes within the meaning of Article 3(3)
of Council Directive 77/187/EEC of 14 February 1977 on the
approximation of the laws of the Member States relating to the
safeguarding of employees’ rights in the event of transfers of
undertakings, businesses or parts of businesses.

2. On a proper construction of Article 3 of Directive 77/187, the
obligations applicable in the event of the dismissal of an
employee, arising from a contract of employment, an employ-

ment relationship or a collective agreement binding the trans-
feror as regards that employee, are transferred to the transferee
subject to the conditions and limitations laid down by that
article, regardless of the fact that those obligations derive from
statutory instruments or are implemented by such instruments
and regardless of the practical arrangements adopted for such
implementation.

(1) OJ C 192 of 8.7.2000.

JUDGMENT OF THE COURT

(Second Chamber)

30 May 2002

in Joined Cases C-284/00 and C-288/00 (Reference for a
preliminary ruling from the Bundesverwaltungsgericht):
Stratmann GmbH und Co. KG v Landrätin des Kreises
Wesel (C-284/00) and Fleischversorgung Neuss GmbH
und Co. v Landrat des Kreises Neuss (C-288/00) (1)

(Common agricultural policy — Fees for health inspections
and controls in respect of fresh meat)

(2002/C 169/13)

(Language of the case: German)

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

In Joined Cases C-284/00 and C-288/00: Reference to the
Court under Article 234 EC by the Bundesverwaltungsgericht
(Germany) for a preliminary ruling in the proceedings pending
before that court between Stratmann GmbH und Co. KG
and Landrätin des Kreises Wesel (C-284/00), and between
Fleischversorgung Neuss GmbH und Co. KG and Landrat des
Kreises Neuss (C-288/00), on the interpretation of,
first,
Council Directive 85/73/EEC of 29 January 1985 on the
financing of health inspections and controls of fresh meat and
poultrymeat (OJ 1985 L 32, p. 14) and Council Decision 88/
408/EEC of 15 June 1988 on the levels of the fees to be
charged for health inspections and controls of fresh meat
pursuant to Directive 85/73 (OJ 1988 L 194, p. 24) and,
secondly, Directive 85/73 as amended by Council Directive
93/118/EC of 22 December 1993 (OJ 1993 L 340, p. 15), in
conjunction with Council Directive 64/433/EEC of 26 June
1964 on health problems affecting intra-Community trade in
fresh meat (OJ, English Special Edition 1963-64, p. 185) both
in the version resulting from Council Directive 89/662/EEC of
11 December 1989 concerning veterinary checks in intra-
Community trade with a view to the completion of the internal

13.7.2002

EN

Official Journal of the European Communities

C 169/9

market (OJ 1989 L 395, p. 13) and in that resulting from
Council Directive 91/497/EEC of 29 July 1991 amending and
consolidating Directive 64/433 to extend it to the production
and marketing of fresh meat (OJ 1991 L 268, p. 69), the Court
(Second Chamber), composed of: N. Colneric, President of the
Chamber, R. Schintgen (Rapporteur) and V. Skouris, Judges;
P. Léger, Advocate General; M.-F. Contet, Administrator, for
the Registrar, has given a judgment on 30 May 2002, in which
it has ruled:

Costs of bacteriological examinations and examinations for trichinae
carried out in accordance with Council Directive 64/433/EEC of
26 June 1964 on health problems affecting intra-Community trade
in fresh meat, both in the version resulting from Council Directive
89/662/EEC of 11 December 1989 concerning veterinary checks in
intra-Community trade with a view to the completion of the internal
market and in that resulting from Council Directive 91/497/EEC of
29 July 1991 amending and consolidating Directive 64/433 to
extend it to the production and marketing of fresh meat, are covered
by the Community fee levied by the Member States for health
inspections and controls in respect of fresh meat pursuant to, first,
Council Directive 85/73/EEC of 29 January 1985 on the financing
of health inspections and controls of fresh meat and poultrymeat and
Council Decision 88/408/EEC of 15 June 1988 on the levels of the
fees to be charged for health inspections and controls of fresh meat
pursuant to Directive 85/73 and, secondly, Directive 85/73 as
amended by Council Directive 93/118/EC of 22 December 1993.

(1) OJ C 302 of 21.10.2000.

JUDGMENT OF THE COURT

(Second Chamber)

30 May 2002

in Case C-296/00 (Reference for a preliminary ruling from
the Corte suprema di cassazione): Prefetto Provincia di
Cuneo v Silvano Carbone (1)

(Regulations (EC) Nos 519/94 and 3285/94 — Scope —
Placing on the market of cordless telephones coming from
third countries)

ruling in the proceedings pending before that court between
Prefetto Provincia di Cuneo and Silvano Carbone,
in his
capacity as sole director of the company Expo Casa Manta Srl,
on the interpretation of Council Regulation (EC) No 519/94
of 7 March 1994 on common rules for imports from certain
third countries and repealing Regulations (EEC) Nos 1765/82,
1766/82 and 3420/83 (OJ 1994 L 67, p. 89) and Council
Regulation (EC) No 3285/94 of 22 December 1994 on the
common rules for imports and repealing Regulation (EC)
No 518/94 (OJ 1994 L 349, p. 53), the Court (Second
Chamber), composed of: N. Colneric (Rapporteur), President
of the Chamber, R. Schintgen and V. Skouris, Judges; L.A. Geel-
hoed, Advocate General; R. Grass, Registrar, has given a
judgment on 30 May 2002, in which it has ruled:

Council Regulation (EC) No 519/94 of 7 March 1994 on
common rules for imports from certain third countries and repealing
Regulations (EEC) Nos 1765/82, 1766/82 and 3420/83 and
Council Regulation (EC) No 3285/94 of 22 December 1994 on
common rules for imports and repealing Regulation (EC) No 518/
94 do not affect a Member State’s rules as regards the placing on the
market of products imported from third countries.

(1) OJ C 302 of 21.10.2000.

JUDGMENT OF THE COURT

(Second Chamber)

14 May 2002

in Case C-383/00: Commission of the European Communi-
ties v Federal Republic of Germany(1)

(Failure by a Member State to fulfil its obligations —
Directive 96/82/EC — Failure to implement within the
prescribed period)

(2002/C 169/15)

(Language of the case: German)

(2002/C 169/14)

(Language of the case: Italian)

(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-296/00: Reference to the Court under Article 234
EC by the Corte suprema di cassazione (Italy) for a preliminary

In Case C-383/00, Commission of the European Communities
(Agent: G. zur Hausen) v Federal Republic of Germany (Agents:
W.-D. Plessing and B. Muttelsee-Schön): Application for a
declaration that, by failing to take, within the prescribed
period, all the measures necessary to comply with Council
Directive 96/82/EC of 9 December 1996 on the control of
substances
major-accident hazards

involving dangerous