Order of the Court (Fourth Chamber) of 5 November 2002 in Case C-204/01 (reference for a preliminary ruling from the Verwaltungsgerichtshof): Tilmann Klett v Bundesministerin für Bildung, Wissenschaft und Kultur (Article 104(3) of the Rules of Procedure — Freedom to provide services — Directives 78/686/EEC and 93/16/EEC — Mutual recognition of diplomas, certificates and other evidence of formal qualifications — Access to training as a dental practitioner — Act of Accession of the Republic of Austria)
Date: 2003-01-11
Institutions: Court of Justice
Subjects: dentist, freedom to provide services, interpretation of the law, physician, recognition of diplomas, right of establishment

C 7/6

EN

Official Journal of the European Communities

11.1.2003

(Agents: G. de Bergues and D. Colas): Application for a
declaration that, by failing in sufficient measure to classify as
special protection areas the territories most suitable for the
conservation of the species of wild bird referred to in Annex I
to Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds (OJ 1979 L 103, p. 1), as amended
by Commission Directive 97/49/EC of 29 July 1997 (OJ 1997
L 223, p. 9), and of migratory species, and, in particular, by
failing to classify a sufficiently large area of land on the Plaine
des Maures (France) as a special protection area, the French
Republic has failed to comply with its obligations under the
Directive and has failed to fulfil its obligations under the EC
Treaty,
of:
J.-P. Puissochet, President of the Chamber, C. Gulmann (Rap-
porteur), F. Macken, N. Colneric and J.N. Cunha Rodrigues,
Judges; S. Alber, Advocate General; R. Grass, Registrar, has
given a judgment on 26 November 2002, in which it:

(Sixth Chamber),

the Court

composed

1. Declares that, by not in sufficient measure classifying as special
protection areas the territories most suitable for the conservation
of the species of wild bird referred to in Annex I to Council
Directive 79/409/EEC of 2 April 1979 on the conservation of
wild birds, as amended by Commission Directive 97/49/EC of
29 July 1997, and of migratory species, and, in particular, by
not classifying a sufficiently large area of the Plaine des Maures
(France) as a special protection area, the French Republic has
failed to comply with its obligations under Article 4(1) and (2)
of that directive;

2. Orders the French Republic to pay the costs.

( 1) OJ C 212 of 28.7.2001.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 19 November 2002

in Case C-319/01: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure by a Member State to fulfil
its obligations —
Assessment of the effects of certain projects on the environ-
ment — Directive 97/11/EC)

(2003/C 7/10)

(Language of the case: French)

(Agents: initially F. van de Craen, and, subsequently, A. Snoecx):
Application for a declaration that, by failing to adopt the laws,
regulations and administrative provisions necessary to comply
with Council Directive 97/11/EC of 3 March 1997 amending
Directive 85/337/EEC on the assessment of the effects of
certain public and private projects on the environment (OJ
1997 L 73, p. 5) or, alternatively, by failing to communicate
them to the Commission, the Kingdom of Belgium has failed
to fulfil its obligations under that directive, the Court (Sixth
Chamber), composed of: J.-P. Puissochet (Rapporteur), Presi-
dent of the Chamber, R. Schintgen, V. Skouris, F. Macken and
J.N. Cunha Rodrigues, Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, has given a judgment on 19 November
2002, in which it:

1. Declares that, by failing to bring into force within the
period prescribed all the laws, regulations and administrative
provisions necessary to comply with Council Directive 97/11/
EC of 3 March 1997 amending Directive 85/337/EEC on the
assessment of the effects of certain public and private projects
on the environment, the Kingdom of Belgium has failed to fulfil
its obligations under that directive.

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 289 of 13.10.2001.

ORDER OF THE COURT

(Fourth Chamber)

of 5 November 2002

in Case C-204/01 (reference for a preliminary ruling from
the Verwaltungsgerichtshof): Tilmann Klett v Bundes-
ministerin für Bildung, Wissenschaft und Kultur (1)

(Article 104(3) of the Rules of Procedure — Freedom to
provide services — Directives 78/686/EEC and 93/16/EEC
— Mutual recognition of diplomas, certificates and other
evidence of formal qualifications — Access to training as a
dental practitioner — Act of Accession of the Republic of
Austria)

(2003/C 7/11)

(Language of the case: German)

(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-319/01, Commission of the European Communities
(Agents: G. zur Hausen and J. Adda) v Kingdom of Belgium

In Case C-204/01 P: reference to the Court under Article 234
EC from the Verwaltungsgerichtshof (Austria) for a preliminary
ruling in the proceedings pending before that court between

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