Judgment of the Court of Justice (Fifth Chamber) of 9 January 2003 in Case C-177/00: Italian Republic v Commission of the European Communities (EAGGF — Clearance of accounts — 1995 to 1998 financial years — Export refunds — Olive oil — Sale of intervention alcohol)
Date: 2003-02-22
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, European Commission, Italy, action for annulment (EU), national expenditure

C 44/4

EN

Official Journal of the European Union

22.2.2003

1.

Sets aside the judgment of the Court of First Instance of the
European Communities of 15 December 1999 in Joined Cases
T-33/98 and T-34/98 Petrotub and Republica v Council;

2. Annuls Council Regulation (EC) No 2320/97 of 17 November
1997 imposing definitive anti-dumping duties on imports of
certain seamless pipes and tubes of iron or non-alloy steel
originating in Hungary, Poland, Russia, the Czech Republic,
Romania and the Slovak Republic, repealing Regulation (EEC)
No 1189/93 and terminating the proceeding in respect of such
imports originating in the Republic of Croatia in so far as it
concerns Petrotub SA and Republica SA;

3. Orders the Council of the European Union to pay the costs
incurred by Petrotub SA and Republica SA both in the present
proceedings and in the proceedings at first instance which
in Petrotub and Republica v
culminated in the judgment
Council, cited above;

4. Orders the Commission of the European Communities to bear
its own costs both in the present proceedings and in the
proceedings at first instance which culminated in the judgment
in Petrotub and Republica v Council.

( 1) OJ C 135 of 15.5.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 9 January 2003

in Case C-157/00: Hellenic Republic v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — 1996 to 1998 —
Export refunds — Fruit and vegetables)

(2003/C 44/06)

(Language of the case: Greek)

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

In Case C-157/00, Hellenic Republic (Agents: V. Kontolaimos
and I. K. Chalkias, also by C. Tsiavou) v Commission of
the European Communities (Agent: M. Condou-Durande):
Application
Commission
Decision 2000/216/EC of 1 March 2000 excluding from
Community financing certain expenditure incurred by the
Member States under the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2000

annulment

partial

for

of

L 67, p. 37), in so far as it concerns the Hellenic Republic, the
Court (Sixth Chamber), composed of: J.-P. Puissochet, President
of the Chamber, R. Schintgen (Rapporteur), C. Gulmann,
F. Macken and N. Colneric, Judges; S. Alber, Advocate General;
L. Hewlett, Principal Administrator, for the Registrar, has given
a judgment on 24 June 2000, in which it:

1. Dismisses the application;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 176 of 24.6.2000.

JUDGMENT OF THE COURT OF JUSTICE

(Fifth Chamber)

of 9 January 2003

in Case C-177/00: Italian Republic v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — 1995 to 1998 financial
years — Export refunds — Olive oil — Sale of intervention
alcohol)

(2003/C 44/07)

(Language of the case: Italian)

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

In Case C-177/00: Italian Republic (Agent: U. Leanza, assisted
by D. Del Gaizo) against Commission of
the European
Communities (Agents: E. de March and L. Visaggio, assisted by
A. Dal Ferro) — application for partial annulment of the
Commission’s Decision 2000/216/EC of 1 March 2000 exclud-
ing from Community financing certain expenditure incurred
by the Member States under the Guarantee Section of the
European Agricultural Guidance and Guarantee Fund (EAGGF)
(OJ 2000 L 67, p. 37) in so far as it made financial adjustments
to certain expenses declared by Italy — the Court of Justice
(Fifth Chamber), composed of M. Wathelet, President of
the Chamber, and D.A.O. Edward, A La Pergola, P. Jann
(Rapporteur) and S. von Bahr, Judges; P. Léger, Advocate
General; R. Grass, Registrar, gave a judgment on 9 January
2003, in which it:

22.2.2003

EN

Official Journal of the European Union

C 44/5

1. Dismissed the action;

JUDGMENT OF THE COURT

2. Ordered the Italian Republic to pay the costs.

( 1) OJ C 211 of 22.7.2000.

JUDGMENT OF THE COURT OF JUSTICE

(Fifth Chamber)

of 9 January 2003

in Case C-178/00: Italian Republic v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — 1995 financial year
— Cereals — Durum wheat — Soft wheat, barley and corn)

(2003/C 44/08)

(Language of the case: Italian)

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

In Case C-178/00: Italian Republic (Agent: U. Leanza, assisted
by D. Del Gaizo) against Commission of
the European
Communities (Agents: E. de March and L. Visaggio, assisted by
A. Dal Ferro) — application for partial annulment of the
Commission’s Decision 2000/197/EC of 1 March 2000
amending Decision 1999/187/EC on the clearance of the
accounts presented by the Member States in respect of the
expenditure for 1995 of the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2000
L 61, p. 15) in so far as it made financial adjustments to certain
expenses declared by Italy — the Court of Justice (Fifth
Chamber), composed of M. Wathelet, President of the Chamb-
er, and D.A.O. Edward, A La Pergola, P. Jann (Rapporteur) and
S. von Bahr, Judges; P. Léger, Advocate General; R. Grass,
Registrar, gave a judgment on 9 January 2003, in which it:

1. Dismissed the action;

2. Ordered the Italian Republic to pay the costs.

( 1) OJ C 211 of 22.7.2000.

(Fifth Chamber)

of 9 January 2003

in Case C-257/00 (Reference for a preliminary ruling from
the l’Immigration Appeal Tribunal): Nani Givane and
Others v Secretary of State for the Home Department (1)

(Freedom of movement for workers — Regulation (EEC) No
1251/70 — Right of workers to remain in the territory of a
Member State after having been employed in that State —
Right of residence of members of the family of a deceased
worker — Requirement of the worker’s continuous residence
for at least two years)

(2003/C 44/09)

(Language of the case: English)

In Case C-257/00: Reference to the Court under Article 234
EC by the Immigration Appeal Tribunal (United Kingdom) for
a preliminary ruling in the proceedings pending before that
court between Nani Givane and Others and Secretary of State
for the Home Department, on the interpretation of Article 3(2)
of Commission Regulation (EEC) No 1251/70 of 29 June 1970
on the right of workers to remain in the territory of a Member
State after having been employed in that State (OJ, English
Special Edition 1970 (II), p. 402), the Court (Fifth Chamber),
the Chamber,
composed of: M. Wathelet, President of
C.W.A. Timmermans, D.A.O. Edward, P. Jann and A. Rosas
(Rapporteur), Judges; S. Alber, Advocate General; R. Grass,
Registrar, has given a judgment on 9 January 2003, in which
it has ruled:

On a proper construction of the first indent of Article 3(2) of
Commission Regulation (EEC) No 1251/70 of 29 June 1970 on
the right of workers to remain in the territory of a Member State after
having been employed in that State the period of two years’ continuous
residence required by that provision must immediately precede the
worker’s death.

(1) OJ C 247 of 26.8.2000.