Judgment of the Court of 18 June 2002 in Case C-314/99: Kingdom of the Netherlands v Commission of the European Communities (Dangerous substances — Marketing and use — Directives 76/769/EEC, 91/338/EEC and 1999/51/EC — Derogation — Adaptation to technical progress — Legal basis — Limitations on the use of cadmium in Austria and Sweden)
Date: 2002-08-10
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for annulment (EU), approximation of laws, dangerous substance, marketing restriction

10.8.2002

EN

Official Journal of the European Communities

C 191/3

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 18 June 2002

in Case C-314/99: Kingdom of the Netherlands v Com-
mission of the European Communities (1)

(Dangerous substances — Marketing and use — Directives
76/769/EEC, 91/338/EEC and 1999/51/EC — Derogation
— Adaptation to technical progress — Legal basis —
Limitations on the use of cadmium in Austria and Sweden)

(2002/C 191/03)

(Language of the case: Dutch)

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

In Case C-314/99, Kingdom of the Netherlands (Agents:
M. A. Fierstra and N. Wijmenga) v Commission of
the
European Communities (Agent: H. van Lier and O. Couvert-
Castéra, assisted by J. Stuyck), supported by Kingdom of
Sweden (Agent: L. Nordling): Application for annulment of
Section 3 of the Annex to Commission Directive 1999/51/EC
of 26 May 1999 adapting to technical progress for the
fifth time Annex I to Council Directive 76/769/EEC on the
approximation of the laws, regulations, and administrative
provisions of the Member States relating to restrictions on the
marketing and use of certain dangerous substances and
preparations (tin, PCP and cadmium) (OJ 1999 L 142, p. 22),
the Court, composed of: G.C. Rodrı´guez Iglesias, President,
P. Jann, F. Macken and N. Colneric (Presidents of Chambers),
C. Gulmann (Rapporteur), D.A.O. Edward, J.-P. Puissochet,
V. Skouris and C.W.A. Timmermans,
Jacobs,
Advocate General; H. von Holstein, Deputy Registrar, has
given a judgment on 18 June 2002, in which it:

Judges; F.G.

1. Annuls Section 3 of the Annex to Commission Directive 1999/
51/EC of 26 May 1999 adapting to technical progress for the
fifth time Annex I to Council Directive 76/769/EEC on the
approximation of the laws, regulations, and administrative
provisions of the Member States relating to restrictions on
the marketing and use of certain dangerous substances and
preparations (tin, PCP and cadmium);

2. Orders the Commission of the European Communities to pay

the costs;

3. Orders the Kingdom of Sweden to bear its own costs.

(Sixth Chamber)

of 20 June 2002

in Case C-401/99 (Reference for a preliminary ruling from
the Schleswig-Holsteinisches Oberverwaltungsgericht):
Peter Heinrich Thomsen v Amt für ländliche Räume
Husum (1)

(Council Regulation (EEC) No 3950/92 — Additional levy
in the milk and milk products sector — Reference quantities
— Conditions of transfer to lessor in the event of the
surrender of leased lands — Notion of ‘producer’)

(2002/C 191/04)

(Language of the case: German)

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

In Case C-401/99: Reference to the Court under Article 234
EC by the Schleswig-Holsteinisches Oberverwaltungsgericht
(Germany) for a preliminary ruling in the proceedings pending
before that court between Peter Heinrich Thomsen and Amt
für ländliche Räume Husum, joined parties: Helga Henningsen,
Ute Henningsen and Peter Henningsen, on the interpretation
of Articles 7(2) and 9(c) of Council Regulation (EEC) No 3950/
92, of 28 December 1992, establishing an additional levy in
the milk and milk products sector (OJ 1992 L 405, p. 1), the
Court (Sixth Chamber), composed of: N. Colneric, President of
the Second Chamber, acting for the President of the Sixth
Chamber, C. Gulmann and V. Skouris (Rapporteur), Judges;
P. Léger, Advocate General; H.A. Rühl, Principal Administrator,
for the Registrar, has given a judgment on 20 June 2002, in
which it has ruled:

On a proper construction of Article 7(2) of Council Regulation (EEC)
No 3950/92, of 28 December 1992, establishing an additional
levy in the milk and milk products sector, upon expiry of a rural lease
of a dairy holding, the transfer in whole or part to the lessor of the
reference quantity attached to that holding is possible only where the
lessor has the status of a ‘producer’ within the meaning of Article 9(c)
of that regulation or, at the date of expiry of the lease, transfers the
reference quantity available to a third party who has that status. For
the purposes of the attribution of the relevant reference quantities to
lessors under Article 7(2) of Regulation No 3950/92, it is sufficient
that, on the abovementioned date, the lessor can show that he is
preparing in a definite manner to take up as soon as possible the
activity of a ‘producer’ within the meaning of Article 9(c) of that
regulation.

(1) OJ C 299 of 16.10.1999.

(1) OJ C 6 of 8.1.2000.