Judgment of the Court of 10 July 2003 in Case C-87/01 P: Commission of the European Communities v Conseil des communes et régions d'Europe (CCRE) (Appeal — Commission decision effecting set-off between two claims governed by separate legal orders — Set-off in disregard of the rules of national law governing one of the claims concerned — Illegality)
Date: 2003-08-23
Institutions: Court of Justice
Subjects: Council of European Municipalities and Regions, European Commission, General Court (EU), action for annulment (EU), infringement of EU law

C 200/4

EN

Official Journal of the European Union

23.8.2003

JUDGMENT OF THE COURT

2.

Refers the case back to the Court of First Instance;

of 3 July 2003

3.

Reserves the costs.

(1) OJ C 150 of 19.5.2001 of OJ C 134 of 5.5.2001.

in Joined Cases C-83/01 P, C-93/01 P and C-94/01 P:
Chronopost and Others (1)

(Appeal — State aid — Postal sector — Public undertaking
entrusted with a service of general economic interest —
Logistical and commercial assistance to a subsidiary not
operating in a reserved sector — Concept of State aid —
Criterion of private operator acting under normal market
conditions)

(2003/C 200/06)

(Language of the case: French)

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

(France)

Instance of

In Joined Cases C-83/01 P, C-93/01 P and C-94/01 P, Chrono-
post SA, established in Issy-les-Moulineaux (France),
(repre-
(C-83/01 P),
sented by V. Bouaziz Torron and D. Berlin)
LaPoste, established in Boulogne-Billancourt
(repre-
sented by H. Lehman)
(C-94/01 P) French Republic (Agents:
G. de Bergues and F. Million) (C-93/01 P): Appeals against the
the Court of First
judgment of
the European
Communities
(Fourth Chamber, Extended Composition) of
14 December 2000 in Case T-613/97 Ufex and Others v
Commission [2000] ECR II-4055, seeking to have that judg-
the other parties to the proceedings being:
ment set aside,
Union française de l'express (Ufex), established in Roissy-en-
France (France), DHL International, established in Roissy-en-
France, Federal express international (France) SNC, established
(France), CRIE SA established in Asnières
in Gennevilliers
(France) (represented by E. Morgan de Rivery and J. Derenne)
the Court,
and Commission of
President,
composed
J.-
P. Puissochet and M. Wathelet
(Presidents of
Chambers), C. Gulmann, D. A. O. Edward, P. Jann, V. Skouris,
F. Macken, N. Colneric, S. von Bahr and A. Rosas,
Judges;
A. Tizzano, Advocate General; M.-F. Contet, Principal Admin-
istrator,
for the Registrar, has given a judgment on 3 July
2003, in which it:

the European Communities,

Iglesias,
(Rapporteur)

of: G. C. Rodríguez

JUDGMENT OF THE COURT

of 10 July 2003

in Case C-87/01 P: Commission of the European Commu-
régions d'Europe
nities v Conseil des communes et

(CCRE) (1)

(Appeal — Commission decision effecting set-off between
two claims governed by separate legal orders — Set-off in
disregard of the rules of national law governing one of the
claims concerned — Illegality)

(2003/C 200/07)

(Language of the case: French)

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

Instance of

the Court of First

In Case C-87/01 P, Commission of the European Communities
(Agents: P. Oliver and H. M. H. Speyart): Appeal against the
judgment of
the European
Communities (Fourth Chamber) of 14 December 2000 in
Case T-105/99 CEMR v Commission [2000] ECR II-4099,
seeking to have that judgment set aside, the other party to
the proceedings being: Conseil des communes et régions d'Eu-
(represented by
rope (CCRE), established in Paris
composed of:
F. Herbert
and
G. C. Rodríguez
R. Schintgen (Presidents of Chambers), C. Gulmann, A. La
Pergola (Rapporteur), P. Jann, V. Skouris, N. Colneric, S. von
Bahr,
Judges; P. Léger,
Advocate General; H. von Holstein, Deputy Registrar, has given
a judgment on 10 July 2003, in which it:

J. N. Cunha Rodrigues and A. Rosas,

President, M. Wathelet

F. Renard),
Iglesias,

(France)
the Court,

and

1.

Sets aside the judgment of the Court of First Instance of the
European Communities of 14 December 2000 in Case T-613/
97 Ufex and Others v Commission;

1.

Sets aside the judgment of the Court of First Instance of the
European Communities of 14 December 2000 in Case T-105/
99 CEMR v Commission;

23.8.2003

EN

Official Journal of the European Union

C 200/5

2. Annuls

the decision of

the European
Communities contained in its letter to the Council of European
Municipalities and Regions (CEMR) of 15 February 1999,
effecting set-off of their mutual claims;

the Commission of

3. Orders the Commission to bear its own costs and to pay those
incurred by the Council of European Municipalities and Regions
(CEMR) both at
instance and in connection with the
appeal.

first

1996 marketing campaign, calculated on the period February
1997 to December 2000;

2. Ordered the Hellenic Republic and the Commission of

the

European Communities to bear their own costs;

3. Ordered the Federal Republic of Germany and the Kingdom of

Spain to bear their own costs.

(1) OJ C 150 of 19.5.2001.

(1) OJ C 173 of 16.6.2001.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 12 June 2003

in Case C-148/01: Hellenic Republic v Commission of the
European Communities (1)

(EAGGF — Clearing of accounts — Additional levy on milk
— Late payment interest — Application for partial annul-
ment of Decision 2001/137/EC)

(2003/C 200/08)

(Language of the case: Greek)

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

subsequently

López-Monís Gallego,

In Case C-148/01: Hellenic Republic (Agent: V. Kontolaimos
and C. Tsiavou) supported by Federal Republic of Germany
(Agents: W.-D. Plessing and M. Lumma) and Kingdom of Spain
(Agent: M.
S. Ortiz
Vaamonde) against Commission of the European Communities
(Agent: M. Condou-Durande — application for partial annul-
ment of Commission Decision 2001/137/EC of 5 February
2001 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 2001 L 50, p. 9) — the Court (Sixth Chamber),
composed of
the Chamber,
J.-P. Puissochet, President of
R. Schintgen and V. Skouris, F. Macken and J. N. Cunha
Judges; L. A. Geelhoed, Advocate
Rodrigues
General; R. Grass, Registrar, gave a judgment on 12 June
2003, in which it:

(Rapporteur),

1. Annulled Commission Decision 2001/137/EC of 5 February
2001 excluding from Community financing certain expenditure
incurred by the Member States under the Guarantee Section of
the European Agricultural Guidance and Guarantee Fund
(EAGGF) in so far as it imposed on the Hellenic Republic a
late payment interest accruing
financial adjustment by way of
on the late payment of the additional levy due for the 1995/

JUDGMENT OF THE COURT

(Fifth Chamber)

of 3 July 2003

in Case C-156/01 (Reference for a preliminary ruling from
the Centrale Raad van Beroep (Netherlands): R.P. van der
Duin v Onderlinge Waarborgmaatschappij ANOZ Zorgver-
zekeringen UA,
and between Onderlinge Waarborg-
maatschappij ANOZ Zorgverzekeringen UA and T.W. van
Wegberg-van Brederode (1)

(Social security — Pensioners and members of their family
residing in a Member State other than the State liable for
payment of the pension — Medical costs incurred in the
Member State liable for payment of the pension — Condi-
tions for assumption of responsibility — Competent Member
State and competent institution — Articles 21, 22, 28 and
31 of Regulation (EEC) No 1408/71)

(2003/C 200/09)

(Language of the case: Dutch)

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

In Case C-156/01: Reference to the Court under Article 234
EC by the Centrale Raad van Beroep (Netherlands)
for a
preliminary ruling in the proceedings pending before that
court between R.P. van der Duin and Onderlinge Waarborg-
maatschappij ANOZ Zorgverzekeringen UA,
and between
Onderlinge Waarborgmaatschappij ANOZ Zorgverzekeringen
UA and T. W. van Wegberg-van Brederode on the interpreta-
tion of Articles 21, 22(1)(c), 28 and 31 of Council Regulation
(EEC) No 1408/71 of 14 June 1971 on the application of
social security schemes to employed persons and their families
moving within the Community, as amended and updated by
Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ
1983 L 230, p. 6), the Court (Fifth Chamber), composed of:
M. Wathelet, President of the Chamber, C. W. A. Timmermans,
A. La Pergola (Rapporteur), P. Jann and S. von Bahr, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; M.-F. Contet, Prin-
cipal Administrator for the Registrar, has given a judgment on
3 July 2003, in which it has ruled: