Order of the Court (Third Chamber) of 5 November 2002 in Case C-321/01 P: Agrana Zucker und Stärke AG (Appeal — State aid — Act of Accession of the Republic of Austria — Joint Declaration No 31 annexed to the Final Act of the Treaty of Accession of the Republic of Austria)
Date: 2003-01-11
Institutions: Court of Justice
Subjects: Austria, General Court (EU), State aid, action for annulment (EU), agro-industry, control of State aid

11.1.2003

EN

Official Journal of the European Communities

C 7/7

Tilmann Klett and Bundesministerin für Bildung, Wissenschaft
und Kultur — on the interpretation of Article 12 EC, Article 19
EC, Article 19b of Council Directive 78/686/EEC of 25 July
1978 concerning the mutual recognition of diplomas, certifi-
cates and other evidence of
the formal qualifications of
practitioners of dentistry, including measures to facilitate the
effective exercise of the right of establishment and freedom to
provide services (OJ 1978 L 233, p. 1), as amended by the Act
concerning the conditions of accession of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden
and the adjustments to the Treaties on which the European
Union is founded (OJ 1994 C 241, p. 21 and OJ 1995 L 1,
p. 1), and Articles 3 and 9 of Council Directive 93/16/EEC of
5 April 1993 to facilitate the free movement of doctors and
the mutual recognition of their diplomas, certificates and other
evidence of formal qualifications (OJ 1993 L 165, p. 1), as
(Fourth
amended by that act of accession — the Court
Chamber), composed of C.W.A. Timmermanns (Rapporteur),
President of the Chamber, D.A.O. Edward and S. von Bahr,
Judges: A. Tizzano, Advocate General; R. Grass, Registrar, has
made an order on 5 November 2002, the operative part of
which is as follows:

Article 19b of Council Directive 78/686/EEC of 25 July 1978
concerning the mutual recognition of diplomas, certificates and other
evidence of the formal qualifications of practitioners of dentistry,
including measures to facilitate the effective exercise of the right of
establishment and freedom to provide services, as amended by the Act
concerning the conditions of accession of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden and the adjustments
to the Treaties on which the European Union is founded, must be
interpreted as meaning that a person whose qualification in general
medical practice has not been awarded by an Austrian university
cannot be admitted to the specialist training in dentistry given in that
Member State.

( 1) OJ No C 227, 11.8.01.

of
the European Communities (Fifth Chamber, Extended
Composition) of 7 June 2001 in Case T-187/99 Agrana Zucker
und Stärke v Commission [2001] ECR II-1587, seeking to
have that judgment set aside, the other party to the proceedings
being: Commission of the European Communities (Agents:
M. Erhart and D. Triantafyllou) — the Court (Third Chamber),
composed of J.-P. Puissochet, President of
the Chamber,
F. Macken and J.N. Cunha Rodrigues (Rapporteur), Judges:
F.G. Jacobs, Advocate General; R. Grass, Registrar, has made
an order on 5 November 2002, the operative part of which is
as follows:

1.

The appeal is dismissed;

2. Agrana Zucker and Stärke AG shall pay the costs.

(1) OJ No C 303, 27.10.01.

Reference for a preliminary ruling by the Bundessozial-
gericht by order of that Court of 15 August 2002 in the
case of Roberto Adanez-Vega against Bundesanstalt für
Arbeit

(Case C-372/02)

(2003/C 7/13)

ORDER OF THE COURT

(Third Chamber)

of 5 November 2002

in Case C-321/01 P: Agrana Zucker und Stärke AG (1)

(Appeal — State aid — Act of Accession of the Republic of
Austria — Joint Declaration No 31 annexed to the Final Act
of the Treaty of Accession of the Republic of Austria)

(2003/C 7/12)

(Language of the case: German)

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

In Case C-321/01 P: Agrana Zucker und Stärke AG, established
in Vienna (Austria) (Lawyers: W. Barfuß and H. Wollmann) —
Appeal against the judgment of the Court of First Instance

Reference has been made to the Court of
Justice of the
European Communities by order of the Bundessozialgericht
(Federal Social Court) of 15 August 2002, received at the
Court Registry on 16 October 2002, for a preliminary ruling
in the case of Roberto Adanez-Vega against Bundesanstalt für
Arbeit on the following questions:

1.

Is a person who claims benefits under German unemploy-
ment insurance more than two months after completing
his compulsory national service in Spain subject to

(a)

Spanish legislation under Article 13(2)(e) of Council
Regulation (EEC) No 1408/71 of 14 June 1971 (1)
on the application of social security schemes to
employed persons, to self-employed persons and
to members of their families moving within the
Community, as amended and updated by Council
Regulation (EEC) No 2001/83 of 2 June 1983 (2),
as amended by Council Regulation (EEC) No 2195/
91 of 25 June 1991 (3) — hereinafter, ‘Regulation
1408/71’ — or