Judgment of the Court of 12 June 2003 in Case C-112/00 (Reference for a preliminary ruling from the Oberlandesgericht Innsbruck): Eugen Schmidberger, Internationale Transporte und Planzüge v Republic of Austria (Free movement of goods — Restriction resulting from actions of individuals — Obligations of the Member States — Decision not to prohibit a demonstration by environmental protesters which resulted in the complete closure of the Brenner motorway for almost 30 hours — Justification — Fundamental rights — Freedom of expression and freedom of assembly — Principle of proportionality)
Date: 2003-08-02
Institutions: Court of Justice
Subjects: Austria, free movement of goods, freedom of movement, interpretation of the law, road transport, transit

2.8.2003

EN

Official Journal of the European Union

C 184/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

of 12 June 2003

that

The fact
the authorities of a Member State did not ban a
demonstration in circumstances such as those of the main case is not
incompatible with Articles 30 and 34 of the EC Treaty (now, after
amendment, Articles 28 EC and 29 EC), read together with Article 5
of the EC Treaty (now Article 10 EC).

in Case C-112/00 (Reference for a preliminary ruling from
the Oberlandesgericht
Innsbruck): Eugen Schmidberger,
Internationale Transporte und Planzüge v Republic of
Austria (1)

(1) OJ C 163, 10.6.2000.

(Free movement of goods — Restriction resulting from
actions of individuals — Obligations of the Member States
— Decision not
to prohibit a demonstration by environ-
mental protesters which resulted in the complete closure of
the Brenner motorway for almost 30 hours — Justification
rights — Freedom of
— Fundamental
expression and
freedom of assembly — Principle of proportionality)

(2003/C 184/01)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 12 June 2003

(Language of the case: German)

in Case C-229/00: Commission of the European Commu-
nities v Republic of Finland (1)

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

In Case C-112/00: Reference to the Court under Article 234
EC by the Oberlandesgericht Innsbruck (Austria) for a preli-
minary ruling in the proceedings pending before that court
between Eugen Schmidberger,
Internationale Transporte und
Planzüge and Republic of Austria, on the interpretation of
Articles 30, 34 and 36 of the EC Treaty (now, after amend-
ment, Articles 28 EC, 29 EC and 30 EC) read together with
Article 5 of the EC Treaty (now Article 10 EC), and on the
conditions for liability of a Member State for damage caused to
the Court,
individuals by a breach of Community law,
composed
President,
Iglesias,
J.-P. Puissochet, M. Wathelet and R. Schintgen (Rapporteur)
(Presidents of Chambers), C. Gulmann, D.A.O. Edward,
P.
J.
Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr,
N. Cunha Rodrigues and A. Rosas, Judges; F.G. Jacobs, Advo-
cate General; H.A. Rühl (Principal Administrator), Registrar, has
given a judgment on 12 June 2003, in which it has ruled:

Rodríguez

G.C.

of:

(Failure of a Member State to fulfil obligations — Directive
89/105/EEC — Failure to apply the procedure prescribed in
that directive to decisions determining the
Article 6 of
categories of medicinal products qualifying for higher-rate
cover — Failure to provide objective and verifiable grounds
for negative decisions)

(2003/C 184/02)

(Language of the case: Finnish)

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

In Case C-229/00, Commission of the European Communities
(Agents:
I. Koskinen et H. Støvlbæk) v Republic of Finland
(Agents: T. Pynnä and E. Bygglin): Application for a declaration
that, by not adopting the laws, regulations and administrative