Case C-262/03: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per l'Emilia-Romagna, Sezione di Parma by order of that Court of 6 May 2003 in the case of Latteria Sociale Moderna Soc. Coop. a r.l. against AIMA and Servizio Provinciale Agricoltura, Reggio Emilia, Regione Emilia Romagna, and AGEA Agenzia per le Erogazioni in Agricoltura; Intervener: Allevamenti Associati Soc.r.l.
Date: 2003-08-23
Institutions: Court of Justice
Subjects: agricultural quota, direct selling, food processing, interpretation of the law, milk

C 200/14

EN

Official Journal of the European Union

23.8.2003

Action brought on 17 June 2003 by the Commission of the
European Communities against the Kingdom of Denmark

(Case C-260/03)

(2003/C 200/23)

An action against
the Kingdom of Denmark was brought
before the Court of Justice of the European Communities on
17 June 2003 by the Commission of the European Commu-
nities, represented by H.P. Hartvig, acting as Agent, with an
address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that the Kingdom of Denmark,

— by not adopting detailed rules for use of the fishing

availabilities allocated to Denmark;

— by not ensuring compliance with the EC regulations
fishery resources through
on the conservation of
fishing activity,
through appropriate
monitoring of
landings and registration of catches,
inspections of
and
criminal
proceedings against the persons responsible for over-
fishing;

through administrative

action or

Reference for a preliminary ruling by the Tribunale
Amministrativo Regionale per l'Emilia-Romagna, Sezione
di Parma by order of that Court of 6 May 2003 in the
case of Allevamenti Associati S.r.l. and Regione Emilia
against AGEA e Latteria Sociale Moderna
Romagna

S.c.a.r.l.

(Case C-261/03)

(2003/C 200/24)

Justice of

Reference has been made to the Court of
the
European Communities by order of the Tribunale Amministra-
Parma
l'Emilia-Romagna,
tivo Regionale per
Sezione di
(Regional Administrative Court
for Emilia-Romagna, Parma
district) of 6 May 2003, received at the Court Registry on
17 June 2003, for a preliminary ruling in the case of Alleva-
menti Associati S.r.l. and Regione Emilia Romagna against
AGEA e Latteria Sociale Moderna S.c.a.r.l. on the following
question:

On a proper construction of Regulation EEC No 3950/92 (1) of
28 December 1992 (in particular Articles 1, 2 and 9(g)
thereof) and Regulation EEC No 536/93 (2) of 9 March 1993
(in particular Articles 1, 2 and 3 thereof), is the transfer of a
to a third party, while
quantity of milk by the producer
in performance of a
retaining the right of property in it,
to
contract
manufacture cheese, butter and whey, for consideration, to be
classified as ‘delivery’ or
the purposes of
determining milk quotas and whether the additional levy is to
be applied?

the milk and in order

the processing of

‘direct sale’

for

for

— by not having provisionally prohibited fishing from
vessels
registered in
flying the Danish flag or
Denmark when the quota applicable to them is
deemed to have been exhausted;

(1) OJ L 405 of 31.12.1992, p. 1.
(2) OJ L 57 of 10.03.1993, p. 12.

has failed to fulfil its obligations under both Article 9(2)
of Council Regulation
and
Articles 2, 21(1) and (2) and 31 of Regulation (EEC)
No 2847/93 (2);

(EEC) No 3760/92 (1)

2. Order the Kingdom of Denmark to pay the costs.

Pleas in law and main arguments

These pleas correspond essentially to those put forward in the
application in Case C-259/03 (3) brought concerning exceeding
of
related control
measures for the years 1990 to 1992 and 1994.

and insufficient

availabilities

fisheries

(1) Council Regulation (EEC) No 3760/92 of 20 December 1992
establishing a Community system for fisheries and aquaculture (OJ
1992 L 389, p. 1).

(2) Council Regulation (EEC) No 2847 of 12 October 1993 establishing
a control system applicable to the common fisheries policy (OJ
1993 261, p. 1).

(3) See p. 13 of this Official Journal.

Reference for a preliminary ruling by the Tribunale
Amministrativo Regionale per l'Emilia-Romagna, Sezione
di Parma by order of that Court of 6 May 2003 in the
case of Latteria Sociale Moderna Soc. Coop. a r.l. against
AIMA and Servizio Provinciale Agricoltura, Reggio Emilia,
Regione Emilia Romagna, and AGEA Agenzia per le
in Agricoltura; Intervener: Allevamenti Asso-
Erogazioni

ciati Soc.r.l.

(Case C-262/03)

(2003/C 200/25)

Justice of

the
Reference has been made to the Court of
European Communities by order of the Tribunale Amministra-
tivo Regionale per
Parma
l'Emilia-Romagna,
Sezione di
(Regional Administrative Court
for Emilia-Romagna, Parma
district) of 6 May 2003, received at the Court Registry on
17 June 2003, for a preliminary ruling in the case of Latteria
Sociale Moderna Soc. Coop. a r.l. against AIMA and Servizio
Provinciale Agricoltura, Reggio
Emilia
Romagna, and AGEA Agenzia per le Erogazioni in Agricoltura;
Intervener: Allevamenti Associati Soc.r.l. on the following
question:

Emilia, Regione

23.8.2003

EN

Official Journal of the European Union

C 200/15

On a proper construction of Regulation EEC No 3950/92 (1) of
28 December 1992 (in particular Articles 1, 2 and 9(g) thereof)
and Regulation EEC No 536/93 (2) of 9 March 1993 (in parti-
cular Articles 1, 2 and 3 thereof), is the transfer of a quantity of
milk by the producer to a third party, while retaining the right
of property in it, in performance of a contract for the proces-
sing of the milk and in order to manufacture cheese, butter and
whey, for consideration, to be classified as ‘delivery’ or ‘direct
sale’ for the purposes of determining milk quotas and whether
the additional levy is to be applied?

(1) OJ L 405 of 31.12.1992, p. 1.
(2) OJ L 57 of 10.03.1993, p. 12.

Action brought on 17 June 2003 by the Commission of
the European Communities against the French Republic

(Case C-263/03)

(2003/C 200/26)

imports, since it allows the authorities an excessive degree of
latitude and does not require them to take a decision within a
brief and precisely determined period. In the case of parallel
imports of medicines, that barrier goes well beyond what is
necessary for the protection of public health.

Action brought on 17 June 2003 by the Commission of
the European Communities against the French Republic

(Case C-264/03)

(2003/C 200/27)

An action against the French Republic was brought before the
the European Communities on 17 June
Justice of
Court of
2003 by the Commission of
the European Communities,
represented by B. Stromsky, K. Wiedner and F. Simonetti,
acting as Agents, with an address for service in Luxembourg.

The Commission of the European Communities claims that the
Court should:

An action against the French Republic was brought before the
the European Communities on 17 June
Justice of
Court of
2003 by the Commission of
the European Communities,
represented by B. Stromsky, acting as Agent, with an address
for service in Luxembourg.

1.

The Commission of the European Communities claims that the
Court should:

1.

in so far as the French legislation in force
declare that,
subjects imports of medicines from other Member States
of the European Community, when they are identical to
medicines already authorised in France (parallel imports),
to unreasonable conditions,
in particular as regards the
discretionary power granted to the authorities and the
absence of a prescribed period within which they must
take a decision, the French Republic has failed to fulfil its
obligations under Article 28 of the Treaty establishing the
European Community;

2.

order the French Republic to pay the costs.

Pleas in law and main arguments

The situation called in question essentially results from the
absence of a specific procedure for authorising parallel imports
of medicines in French territory. The general procedure for the
prior authorisation of the import of medicines which is there-
fore applicable constitutes a barrier to imports and a measure
restriction on
having equivalent

to a quantitative

effect

in Article 4 of

the Law of
declare that, by reserving,
12 July 1985, delegated management contracts to an
legal entities governed by French law,
exhaustive list of
its obligations
the French Republic has failed to fulfil
under Directive
particular
in
Articles 8 and 9 thereof, and under Article 49 of the
Treaty establishing the European Community;

92/50/EEC (1),

and

2.

order the French Republic to pay the costs.

Pleas in law and main arguments

Reserving delegated management contracts
to certain legal
entities governed by French law constitutes a breach of Direc-
the
tive 92/50/EEC and a restriction on the principle of
freedom to provide services laid down in Article 49 of the
Treaty which is not justified under the exception provided for
in Article 45 of the Treaty.

contracts

The management contract is a public service contract within
the meaning of Article 1(a) of Directive 92/50. Moreover,
management
fall within Category No 12 of
Annex IA, apart
from contracts exclusively or principally
concerning representative tasks, so that the French legislation
fails to comply with Article 8 of the Directive. Management
contracts which relate exclusively or principally to representa-
tive tasks come under Annex IB of the Directive, so that the
French legislation fails to comply with Article 9 of the Direc-
tive as well.