Judgment of the Court (Sixth Chamber) of 6 March 2003 in Case C-14/01 (Reference for a preliminary ruling from the Verwaltungsgericht Hannover): Molkerei Wagenfeld Karl Niemann GmbH & Co. KG v Bezirksregierung Hannover (Common organisation of the markets — Milk and milk products — Scheme of aid for skimmed milk — Validity of Regulation (EC) No 2799/1999 — Powers of the Commission (Article 11(1) of Regulation (EC) No 1255/1999) — Prohibition of discrimination (Article 34(2) EC) — Principles of legal certainty and the protection of legitimate expectations)
Date: 2003-04-26
Institutions: Court of Justice
Subjects: aid system, animal nutrition, food processing, interpretation of the law, skimmed milk, skimmed milk powder

C 101/6

EN

Official Journal of the European Union

26.4.2003

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 6 March 2003

in Case C-14/01 (Reference for a preliminary ruling from
the Verwaltungsgericht Hannover): Molkerei Wagenfeld
Karl Niemann GmbH & Co. KG v Bezirksregierung
Hannover (1)

(Common organisation of the markets — Milk and milk
products — Scheme of aid for skimmed milk — Validity of
Regulation (EC) No 2799/1999 — Powers of the Com-
mission (Article 11(1) of Regulation (EC) No 1255/1999)
— Prohibition of discrimination (Article 34(2) EC) —
Principles of legal certainty and the protection of legitimate
expectations)

of 25 February 2003

in Case C-59/01: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil obligations — Directive
92/49/EEC — Freedom to set premiums and abolition of
prior or systematic controls over premiums and contracts —
Gathering of information)

(2003/C 101/11)

(Language of the case: Italian)

(2003/C 101/10)

(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-14/01: Reference to the Court under Article 234
EC by the Verwaltungsgericht Hannover (Germany) for a
preliminary ruling in the proceedings pending before that
court between Molkerei Wagenfeld Karl Niemann GmbH &
Co. KG and Bezirksregierung Hannover, on the validity of
Commission Regulation (EC) No 2799/1999 of 17 December
1999 laying down detailed rules for applying Regulation (EC)
No 1255/1999 as regards the grant of aid for skimmed milk
and skimmed-milk powder intended for animal feed and the
sale of such skimmed-milk powder (OJ 1999 L 340, p. 3), the
Court (Sixth Chamber), composed of: R. Schintgen, President
of the Second Chamber, acting for the President of the Sixth
Chamber, V. Skouris (Rapporteur), F. Macken, N. Colneric and
J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General; M.-
F. Contet, Principal Administrator, for the Registrar, has given
a judgment on 6 March 2003, in which it has ruled:

Examination of the question referred for a preliminary ruling has
the legality of
revealed no factor of such a kind as to affect
Commission Regulation (EC) No 2799/1999 of 17 December
1999 laying down detailed rules for applying Regulation (EC)
No 1255/1999 as regards the grant of aid for skimmed milk and
skimmed-milk powder intended for animal feed and the sale of such
skimmed-milk powder.

( 1) OJ C 79 of 10.3.2001.

In Case C-59/01, Commission of the European Communities
(Agents: C. Tufvesson and A. Aresu) v Italian Republic (Agent:
U. Leanza, assisted by G. de Bellis): Application for a declaration
that, by introducing and maintaining in force rate-freezing
rules applicable to all contracts of insurance in respect of third-
party liability arising from the use of motor vehicles in relation
to risks situated within Italian territory, without distinguishing
between insurance companies having their head office in Italy
and those carrying on business in Italy through branch offices
or under the freedom to provide services, in breach of:

(a)

(b)

the principle of the freedom to set premiums and the
abolition of prior or systematic controls over premiums
and contracts, as dealt with in Articles 6, 29 and 39 of
Council Directive 92/49/EEC of 18 June 1992 on the
coordination of
laws, regulations and administrative
provisions relating to direct insurance other than life
assurance and amending Directives 73/239/EEC and 88/
357/EEC (third non-life insurance Directive) (OJ 1992
L 228, p. 1);

the provisions of Article 44 of that directive, which
concern arrangements for gathering information on the
amount of the premiums, claims and commission, the
frequency and average cost of claims, and the exchange
of information between the regulatory authorities of the
home Member State and those of the host Member State,

the Italian Republic has failed to fulfil its obligations under
that directive, the Court, composed of: G.C. Rodríguez Iglesias,
President, J.-P. Puissochet, M. Wathelet and C.W.A. Timmer-
mans (Presidents of Chambers), D.A.O. Edward, P.
Jann,
F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues