Judgment of the Court of 25 February 2003 in Case C-59/01: Commission of the European Communities v Italian Republic (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)
Date: 2003-04-26
Institutions: Court of Justice
Subjects: European Commission, Italy, action for annulment (EU), civil liability, contract, insurance

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

26.4.2003

EN

Official Journal of the European Union

C 101/7

(Rapporteur) and A. Rosas, Judges; S. Alber, Advocate General;
L. Hewlett, Principal Administrator, for the Registrar, has given
a judgment on 25 February 2003, in which it:

1. Declares 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 conducting their business in Italy
through branch offices or under the freedom to provide services,
in breach of the principle of freedom to set premiums referred to
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),
the Italian
Republic has failed to fulfil its obligations under that directive;

2. Dismisses the remainder of the application;

3. Orders each party to bear its own costs.

(Agents: K.-D. Borchardt and M. Niejahr), which contends that
the Court — composed of: G.C. Rodríguez Iglesias, (President),
J.-P. Puissochet, M. Wathelet, R. Schintgen (Rapporteur) and
C.W.A. Timmermans, (Presidents of Chambers), C. Gulmann,
D.A.O. Edward, A. La Pergola, P. Jann and V. Skouris, F. Macken
and N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and
A. Rosas,
Judges; P. Léger, Advocate General; R. Grass,
Registrar, has given a judgment on 6 March 2003, in which it:

1. Dismisses the appeal;

2. Orders T Port GmbH & Co. KG to pay the costs.

(1) OJ C 245 of 1 September 2001.

( 1) OJ C 134 of 5.5.2001.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 27 February 2003

JUDGMENT OF THE COURT

of 6 March 2003

in Case C-320/01 (Reference for a preliminary ruling from
the Arbeitsgericht Lübeck): Wiebke Busch v Klinikum
Neustadt GmbH & Co. Betriebs-KG (1)

in Case C-213/01 P: T Port GmbH & Co. KG v Commission
of the European Communities (1)

(Equal treatment for men and women — Article 2(1) of
Directive 76/207/EEC — Protection of pregnant women)

(Appeal — Bananas — Imports from ACP States and
non-member countries — Calculation of annual reference
quantity allocated to operators — Imports in accordance
with interim measures ordered by a national court in
interlocutory proceedings — Action for damages)

(2003/C 101/13)

(Language of the case: German)

(2003/C 101/12)

(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-213/01 P: T Port GmbH & Co. KG, established in
Hamburg (Germany) (lawyer: G. Meier) — appeal against the
judgment of the Court of First Instance (Fifth Chamber) of
20 March 2001 in Case T-52/99 (ECR II-981), seeking to have
that
the other party to the
proceedings being Commission of the European Communities,

judgment set aside in part,

In Case C-320/01: Reference to the Court under Article 234
EC by the Arbeitsgericht Lübeck (Germany) for a preliminary
ruling in the proceedings pending before that court between
Wiebke Busch and Klinikum Neustadt GmbH & Co. Betriebs-
KG, on the interpretation of Article 2(1) of Council Directive
76/207/EEC of 9 February 1976 on the implementation of the
principle of equal treatment for men and women as regards
access to employment, vocational training and promotion,
and working conditions (OJ 1976 L 39, p. 40), the Court (Fifth
Chamber), composed of: M. Wathelet (Rapporteur), President
of the Chamber, C.W.A. Timmermans, P. Jann, S. von Bahr
Judges; D. Ruiz-Jarabo Colomer, Advocate
and A. Rosas,