Judgment of the Court (Second Chamber) 14 May 2002 in Case C-383/00: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Directive 96/82/EC — Failure to implement within the prescribed period)
Date: 2002-07-13
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, dangerous substance, environmental risk prevention

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

C 169/10

EN

Official Journal of the European Communities

13.7.2002

(OJ 1997 L 10, p. 13) and, in particular, Article 11 thereof, the
Federal Republic of Germany has failed to fulfil its obligations
under the EC Treaty, the Court (Second Chamber), composed
of: N. Colneric, President of
the Chamber, R. Schintgen
(Rapporteur) and V. Skouris, Judges; D. Ruiz-Jarabo Colomer,
Advocate General; R. Grass, Registrar, has given a judgment
on 14 May 2002, in which it:

1. Declares 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 major-accident
hazards involving dangerous substances, the Federal Republic
of Germany has failed to fulfil
its obligations under that
directive;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 372 of 23.12.2000.

JUDGMENT OF THE COURT

(Second Chamber)

16 May 2002

composed of: N. Colneric, President of
the Chamber,
R. Schintgen and V. Skouris (Rapporteur), Judges; F.G. Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment
on 16 May 2002, in which it has ruled:

The words ‘producers ... who have received the holding through ...
similar means’ in the second indent of the second subparagraph of
Article 3a(1) of Council Regulation (EEC) No 857/84 of 31 March
1984 adopting general rules for the application of the levy referred
to in Article 5c of Regulation (EEC) No 804/68 in the milk and
milk products sector, as amended by Council Regulation (EEC)
No 1639/91 of 13 June 1991, must be interpreted as meaning that
they refer to a producer who is the spouse of the designated heir and
to whom the holding has been let on conditions more favourable than
market
the non-marketing
following the expiry of
undertaking entered into by the lessor (the deviser) under Council
Regulation (EEC) No 1078/77 of 17 May 1977 introducing a
system of premiums for the non-marketing of milk and milk products
and for the conversion of dairy herds, provided that it follows from
all the elements of fact and of law which characterise the letting that:

conditions,

— the main intention of the arrangement is that the holding
should continue to be exploited for the benefit of the designated
heir and not that the market value of the holding should be
realised by the deviser, and that

— the terms of the legal relations between the parties to the
contract are such that the advantage which the deviser intends
to confer on his heir is guaranteed in the long term, even if the
spouses should separate or the marriage be dissolved.

in Case C-384/00 (Reference for a preliminary ruling from
the Niedersächsisches Oberverwaltungsgericht): Heinrich
Bredemeier v Landwirtschaftskammer Hannover (1)

(1) OJ C 372 of 23.12.2000.

(Common agricultural policy — Milk quota scheme — Grant
of a special reference quantity — Beneficiaries — Producers
who take over a holding by similar means to inheritance
after the expiry of the non-marketing undertaking entered
into by their predecessors — Interpretation of Article 3a of
Regulation (EEC) No 857/84, as amended by Regulation
(EEC) No 1639/91)

(2002/C 169/16)

(Language of the case: German)

JUDGMENT OF THE COURT

(First Chamber)

30 May 2002

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

in Case C-441/00: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

In Case C-384/00: Reference to the Court under Article 234
EC by the Niedersächsisches Oberverwaltungsgericht (Ger-
many) for a preliminary ruling in the proceedings pending
before that court between Heinrich Bredemeier and Landwirts-
chaftskammer Hannover, joined parties: Wilhelm Wieggrebe
and Irmtraut Bredemeier, on the interpretation of Article 3a(1)
of Council Regulation (EEC) No 857/84 of 31 March 1984
adopting general rules for the application of the levy referred
to in Article 5c of Regulation (EEC) No 804/68 in the milk and
milk products sector (OJ 1984 L 90, p. 13), as amended by
Council Regulation (EEC) No 1639/91 of 13 June 1991
(Second Chamber),
(OJ 1991 L 150, p. 35),

the Court

(Failure by a Member State to fulfil its obligations —
Directive 96/48/EC — Interoperability of the trans-Euro-
pean high-speed rail system)

(2002/C 169/17)

(Language of the case: English)

In Case C-441/00, Commission of the European Communities
(Agent: M. Wolfcarius) v United Kingdom of Great Britain and