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 Zorgverzekeringen UA, and between Onderlinge Waarborgmaatschappĳ ANOZ Zorgverzekeringen UA and T.W. van Wegberg-van Brederode (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 — Conditions for assumption of responsibility — Competent Member State and competent institution — Articles 21, 22, 28 and 31 of Regulation (EEC) No 1408/71)
Date: 2003-08-23
Institutions: Court of Justice
Subjects: health insurance, interpretation of the law, residence, social security, social-security benefit, transfer of pension rights

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:

C 200/6

EN

Official Journal of the European Union

23.8.2003

1. Article 22(1)(c) and (i) 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 Regula-
tion (EEC) No 2001/83 of 2 June 1983 must be interpreted
as also applying to a pensioner and members of his family who
reside in a Member State other than the one which is liable for
payment of
that pension, and who benefit on that basis,
following their registration with the institution of the place of
residence,
that
regulation, where those socially insured persons wish to go to
the Member State liable for payment of the pension in order to
receive medical treatment there.

from the system laid down by Article 28 of

2.

to issue

institution competent

the prior authorisation
The
mentioned in the
the
application for authorisation concerns socially insured persons
in such a position is the institution of the place of residence of
the persons concerned.

said Article 22(1)(c) and (i) where

R.

Wathelet,

(Rapporteur)

and
Schintgen
M.
C. W. A. Timmermans (Presidents of Chambers), C. Gulmann,
D. A. O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,
N. Colneric, S. von Bahr and J. N. Cunha Rodrigues, Judges;
L. A. Geelhoed, Advocate General; M.-F. Contet, Principal
the Registrar, has given a judgment on
Administrator,
10 July 2003, in which it has ruled:

for

Article 9 of and Annex II to the Staff Regulations of Official of the
European Communities and Article 79 of the Conditions of Employ-
ment of Other Servants of
the European Communities must be
interpreted as precluding the application to the local staff employed in
the representation of the Commission of the European Communities in
Vienna (Austria) of the Austrian legislation on labour relations in
establishments in Part II of the Bundesgesetz betreffend die Arbeitsver-
fassung (Arbeitsverfassungsgesetz) (Federal law on labour relations) of
13 December 1973.

(1) OJ C 200 of 14.7.2001.

(1) OJ C 200 of 14.7.2001.

JUDGMENT OF THE COURT

of 10 July 2003

in Case C-165/01 (Reference for a preliminary ruling from
the Oberster Gerichtshof): Betriebsrat der Vertretung der
Europäischen Kommission in Österreich v European
the European Commu-
Communities, Commission of

nities (1)

(Staff Regulations of Officials of the European Communities
— Conditions of Employment of Other Servants — Local
staff — Representation of the Commission in Austria —
Applicability of national legislation concerning the represen-
tation of workers and defence of their interests)

JUDGMENT OF THE COURT

(First Chamber)

of 19 June 2003

in Case C-467/01 (reference for a preliminary ruling from
the Corte d'appello di Genova): Ministero delle Finanze v
Eribrand SpA (1)

(Export refunds — Articles 47 and 48 of Regulation (EEC)
No 3665/87 — Extension of time-limits)

(2003/C 200/11)

(Language of the case: Italian)

(2003/C 200/10)

(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)

(Austria)

In Case C-165/01: Reference to the Court under Article 234
EC by the Oberster Gerichtshof
for a preliminary
ruling in the proceedings pending before that court between
Betriebsrat der Vertretung der Europäischen Kommission in
the
Österreich and European Communities, Commission of
European Communities, on the interpretation of Article 9 of
and Annex II
the
European Communities and Article 79 of the Conditions of
Employment of Other Servants of the European Communities,
the Court, composed of: G. C. Rodríguez Iglesias, President,

to the Staff Regulations of Officials of

In Case C-467/01: reference to the Court under Article 234 EC
from the Corte d'appello di Genova (Italy) for a preliminary
ruling in the proceedings pending before that court between
formerly Eurico
Ministero delle Finanze and Eribrand SpA,
Italia SpA — on the interpretation of Articles 47 and 48 of
Commission Regulation (EEC) No 3665/87 of 27 November
1987 laying down common detailed rules for the application
of the system of export refunds on agricultural products (OJ
1987 L 351, p. 1), as amended by Commission Regulation (EC)
No 1829/94 of 26 July 1994 (OJ 1994 L 191, p. 5) — the
Court (First Chamber), composed of M. Wathelet, President of
the Chamber, P.
Judges;
C. Stix-Hackl, Advocate General; R. Grass, Registrar, gave a
judgment on 19 June 2003, in which it held that:

Jann and A. Rosas

(Rapporteur),