Judgment of the Court of 17 September 2002 in Case C-253/00 (Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division): Antonio Muñoz y Cia SA, Superior Fruiticola SA v Frumar Ltd, Redbridge Produce Marketing Ltd (Agriculture — Regulation (EC) No 2200/96 — Quality standards for varieties of table grapes — Legal obligations of operators marketing table grapes within the Community — Right of an operator to seek enforcement of those obligations in civil proceedings)
Date: 2002-11-09
Institutions: Court of Justice
Subjects: fruit, interpretation of the law, market intervention, marketing standard, product quality, vegetable

C 274/10

EN

Official Journal of the European Communities

9.11.2002

3.

If it is demonstrated that there is in fact a risk to public health
arising from the coexistence of two versions of the same
medicinal product on the market in a Member State such a risk
may justify restrictions on the importation of the old version of
the medicinal product in consequence of the withdrawal of the
marketing authorisation of reference by the holder thereof in
relation to that market.

Regulation (EEC) No 1035/72 of the Council of 18 May 1972
and Council Regulation (EC) No 2200/96 of 28 October 1996 on
the common organisation of the market in fruit and vegetables are to
be interpreted as meaning that compliance with the provisions on
quality standards applicable to fruit or vegetables must be capable of
enforcement by means of civil proceedings instituted by a trader
against a competitor.

( 1) OJ C 211 of 22.7.2000.

(1) OJ C 247 of 26.8.2000.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 17 September 2002

in Case C-253/00 (Reference for a preliminary ruling from
the Court of Appeal (England & Wales) (Civil Division):
Antonio Muñoz y Cia SA, Superior Fruiticola SA v Frumar
Ltd, Redbridge Produce Marketing Ltd (1)

(Agriculture — Regulation (EC) No 2200/96 — Quality
standards for varieties of table grapes — Legal obligations
of operators marketing table grapes within the Community
— Right of an operator to seek enforcement of those
obligations in civil proceedings)

(2002/C 274/15)

(Language of the case: English)

In Case C-253/00: Reference to the Court under Article 234
EC by the Court of Appeal of England and Wales (Civil
Division) for a preliminary ruling in the proceedings pending
before that court between Antonio Muñoz y Cia SA, Superior
Fruiticola SA and Frumar Ltd, Redbridge Produce Marketing
Ltd, on the interpretation of Regulation (EEC) No 1035/72 of
the Council of 18 May 1972 and Council Regulation (EC)
No 2200/96 of 28 October 1996 on the common organisation
of the market in fruit and vegetables (OJ, English Special
Edition 1972 (II), p. 437, and OJ 1996 L 297, p. 1 respectively),
the Court, composed of: G.C. Rodríguez Iglesias, President,
P. Jann (Rapporteur), N. Colneric and S. von Bahr, (Presidents
of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola,
J.-P. Puissochet, R. Schintgen,
J.N. Cunha Rodrigues and
C.W.A. Timmermans, Judges; L.A. Geelhoed, Advocate Gen-
eral; R. Grass, Registrar, has given a judgment on 17 September
2002, in which it has ruled:

(Sixth Chamber)

of 24 September 2002

in Case C-255/00 (Reference for a preliminary ruling from
the Tribunale di Trento): Grundig Italiana SpA v Ministero
delle Finanze (1)

(Internal taxes contrary to Community law — Recovery of
sums paid but not due — National legislation retroactively
reducing time-limits for bringing proceedings — Compati-
bility with the principle of effectiveness)

(2002/C 274/16)

(Language of the case: Italian)

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

In Case C-255/00: Reference to the Court under Article 234
EC by the Tribunale di Trento (Italy) for a preliminary ruling
in the proceedings pending before that court between Grundig
Italiana SpA and Ministero delle Finanze, on the interpretation
of the principles of Community law relating to the recovery of
sums paid but not due, the Court (Sixth Chamber), composed
of: F. Macken, President of
the Chamber, C. Gulmann,
J.-P. Puissochet (Rapporteur), R. Schintgen and J.N. Cunha
Rodrigues, Judges; D. Ruíz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has given a judgment on 24 September
2002, in which it has ruled: