Judgment of the Court (Fifth Chamber) of 16 January 2003 in Case C-205/01: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil its obligations — Directive 86/609/EEC — Protection of animals used for experimental and other scientific purposes — Incomplete transposition)
Date: 2003-02-22
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, animal experimentation, animal welfare, protection of animals

22.2.2003

EN

Official Journal of the European Union

C 44/7

JUDGMENT OF THE COURT

(Fifth Chamber)

of 16 January 2003

in Case C-422/00 (Reference for a preliminary ruling
from the VAT and Duties Tribunal, London): Capespan
International plc v Commissioners of Customs & Excise (1)

(Community Customs Code — Fruit and vegetables —
Calculation of customs value)

(2003/C 44/12)

(Language of the case: English)

In Case C-422/00: Reference to the Court under Article 234
EC by the VAT and Duties Tribunal, London (United Kingdom)
for a preliminary ruling in the proceedings pending before that
court between Capespan International plc and Commissioners
of Customs & Excise, first, on the interpretation of Articles 28
to 36 of Council Regulation (EEC) No 2913/92 of 12 October
1992 establishing the Community Customs Code (OJ 1992
L 302, p. 1), Articles 141 to 181a of Commission Regulation
(EEC) No 2454/93 of 2 July 1993 laying down provisions for
the implementation of Regulation No 2913/92 (OJ 1993
L 253, p. 1), and Article 5 of Commission Regulation (EC)
No 3223/94 of 21 December 1994 on detailed rules for the
application of the import arrangements for fruit and vegetables
(OJ 1994 L 337, p. 66), and, secondly, on the validity of
Commission Regulation (EC) No 1498/98 of 14 July 1998
amending Regulation No 3223/94 (OJ 1998 L 198, p. 4), the
Court (Fifth Chamber), composed of: M. Wathelet (Rappor-
teur), President of
the Chamber, C.W.A. Timmermans,
D.A.O. Edward, P. Jann and S. von Bahr, Judges; P. Léger,
Advocate General; M.-F. Contet, Administrator, for the Regis-
trar, has given a judgment on 16 January 2003, in which it
has ruled:

1.

2.

The customs value of
fruit and vegetables coming within
the scope of Commission Regulation (EC) No 3223/94 of
21 December 1994 on detailed rules for the application of the
import arrangements for fruit and vegetables must, in respect of
the period between 18 March 1997 and 17 July 1998
inclusive, be determined in accordance with the rules for
that
calculating entry price provided for
regulation.

in Article 5 of

Consideration of the third question referred has disclosed no
factor capable of affecting the validity of Commission Regu-
lation (EC) No 1498/98 of 14 July 1998 amending Regu-
lation No 3223/94.

3. On a proper construction of Article 5 of Regulation No 3223/
94, an importer who is not in a position to make a definitive
declaration of customs value at the time of customs clearance of
fruit and vegetables coming under the scope of that regulation
may give a provisional
that value under
Article 254 of Commission Regulation (EEC) No 2454/93 of
2 July 1993 laying down provisions for the implementation of
Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code only where the value of
the
abovementioned products is determined according to the method
provided for in Article 5(1)(b) of Regulation No 3223/94.

indication of

(1) OJ C 28 of 27.1.2001.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 16 January 2003

in Case C-205/01: Commission of the European Communi-
ties v Kingdom of the Netherlands (1)

(Failure of a Member State to fulfil its obligations —
Directive 86/609/EEC — Protection of animals used for
experimental and other scientific purposes — Incomplete
transposition)

(2003/C 44/13)

(Language of the case: Dutch)

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

In Case C-205/01, Commission of the European Communities
(Agent: R. Wainwright, assisted by J. Stuyck, avocat) v Kingdom
of the Netherlands (Agent: H.G. Sevenster): Application for a
declaration that, by failing to adopt, or in any event to
communicate to the Commission, all the laws, regulations and
administrative provisions necessary in order to transpose into
national
law Articles 8(2), 11, 18(1) and 22(1) of Council
Directive 86/609/EEC of 24 November 1986 on the approxi-
mation of laws, regulations and administrative provisions of
the Member States regarding the protection of animals used
for experimental and other scientific purposes (OJ 1986 L 358,
p. 1), the Kingdom of the Netherlands has failed to fulfil its
obligations under that directive, the Court (Fifth Chamber),
composed of: C.W.A. Timmermans, President of the Fourth
Chamber, acting for the President of the Fifth Chamber,
D.A.O. Edward, A. La Pergola (Rapporteur), P. Jann and S. von
Bahr, Judges; A. Tizzano, Advocate General; H. von Holstein,
Deputy Registrar, has given a judgment on 16 January 2003,
in which it:

C 44/8

EN

Official Journal of the European Union

22.2.2003

1. Declares that, by failing to adopt all the measures necessary to
ensure the correct transposition of Articles 11 and 22(1) of
Council Directive 86/609/EEC of 24 November 1986 on
the approximation of
laws, regulations and administrative
provisions of the Member States regarding the protection of
animals used for experimental and other scientific purposes, the
Kingdom of the Netherlands has failed to fulfil its obligations
under that directive;

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

( 1) OJ C 212 of 28.7.2001.

Community fishery law precludes a national law such as that in issue
in the main proceedings, which prohibits, during a certain period, the
landing, on a part of the coastline of the Member State concerned, of
scallops fished in the territorial waters of another Member State.

(1) OJ C 245 of 1.9.2001.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 16 January 2003

JUDGMENT OF THE COURT OF JUSTICE

(Sixth Chamber)

of 16 January 2003

in Case C-265/01 (reference for a preliminary ruling from
the Tribunal de grande instance de Dinan): Annie Pansard
and Others (1)

(Origin of fishery products — Article 28 EC — National
law periodically prohibiting the landing of certain fishery
products — Competence of the Member States)

in Case C-388/01: Commission of the European Communi-
ties v Italian Republic (1)

(Failure to fulfil obligations — Free movement of services —
Non-discrimination — Articles 12 EC and 49 EC —
Admission to museums, monuments, galleries, archaeologi-
cal digs, parks and gardens classified as public monuments
— Preferential rates granted by local or decentralised State
authorities)

(2003/C 44/15)

(Language of the case: Italian)

(2003/C 44/14)

(Language of the case: French)

(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-265/01: reference to the Court under Article 234
EC from the Tribunal de grande instance de Dinan, France, for
a preliminary ruling in the criminal proceedings against Annie
Pansard and Others, en présence du Comité Region pêches
maritimes, a party to the main proceedings — on the
interpretation of Council Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs Code
(OJ 1992 L 302, p. 1) and Article 28 EC — the Court of Justice
(Sixth Chamber), composed of J.-P. Puissochet, President of
the Chamber, and C. Gulmann, F. Macken (Rapporteur),
N. Colneric, J. N. Cunha Rodrigues, Judges; S. Alber, Advocate
General; M.-F. Contet, Administrator, for the Registrar, gave a
judgment on 16 January 2003, in which it ruled that:

In Case C-388/01, Commission of the European Communities
(Agents: M. Patakia and R. Amorosi) v Italian Republic (Agent:
U. Leanza, assisted by M. Fiorilli): Application for a declaration
that, by allowing discriminatory, advantageous rates for admis-
sion to museums, monuments, galleries, archaeological digs,
parks and gardens classified as public monuments, granted by
local or decentralised State authorities only in favour of Italian
nationals and persons resident within the territory of those
authorities running the cultural sites in question, who are aged
over 60 or 65 years, and by excluding from such advantages
tourists who are nationals of other Member States and non-
residents who fulfil the same objective age requirements, the
its obligations under
Italian Republic has failed to fulfil
Articles 12 EC and 49 EC,
(Sixth Chamber),
composed of:
J.-P. Puissochet, President of the Chamber,
R. Schintgen, V. Skouris, N. Colneric and J.N. Cunha Rodrigues
(Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass,
Registrar, has given a judgment on 16 January 2003, in which
it:

the Court