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 (Export refunds — Articles 47 and 48 of Regulation (EEC) No 3665/87 — Extension of time-limits)
Date: 2003-08-23
Institutions: Court of Justice
Subjects: EU law, agricultural product, customs duties, export refund, interpretation of the law

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),

23.8.2003

EN

Official Journal of the European Union

C 200/7

1.

2.

export

system of

Commission Regulation (EEC) No 3665/87 of 27 November
1987 laying down common detailed rules for the application of
the
refunds on agricultural products, as
amended by Commission Regulation (EC) No 1829/94 of
26 July 1994 imposes no limit on the length of time by which
a time-limit may be extended for the benefit of an exporter
under Article 47(4) of the regulation. It is for the competent
national authorities to set the length of extensions of time in
accordance with the particular circumstances of the case, taking
particular account of
the degree of diligence with which the
exporter seeking the extension of time has acted, the nature of
the difficulties confronting the exporter and the amount of time
which it will reasonably take to overcome those difficulties.

Exporters have no right to apply directly to national courts for
an extension of time of a specific duration but do have a legal
right of recourse against decisions taken by competent national
authorities under Article 47(4) of Regulation No 3665/87, as
amended by Regulation No 1829/94. The detailed rules and
parameters of any such procedure shall be governed by the
national
in accordance with the
principles of effectiveness and equivalence as defined in Commu-
nity law.

the Member States,

law of

Action brought on 13 May 2003 by Ireland against the
Commission of the European Communities

(Case C-199/03)

(2003/C 200/13)

An action against the Commission of the European Commu-
nities was brought before the Court of Justice of the European
Communities on 13 May 2003 by Ireland, represented by
D. J. O'Hagan, acting as agent, assisted by P. Gallagher SC and
P. McGarry, Barrister, with an address for service in Luxem-
bourg.

The Applicant claims that the Court should:

1.

declare the action admissible;

(1) OJ C 44 of 16.2.2002.

2.

Reference for a preliminary ruling by the Sozialgericht
Stuttgart by order of that Court of 19 March 2003 in the
case of Betriebskrankenkasse der Robert Bosch GmbH
against Federal Republic of Germany, represented by the
Bundesversicherungsamt

in the framework of

annul Commission Decision C(2003)99 reducing assis-
tance granted from the European Social Fund under
Commission Decisions C(94)3226 of 29 November 1994
(operational programme for human resources develop-
ment)
the project 940002IR1;
C(94)1972 of 29 July 1994 (operational programme for
the project 940001IR1;
tourism),
C(94)2613 of 15 November 1994 (operational programme
for
the
project 940004IR1, approving operational programmes
in whole or in part, or in
under objective 1 in Ireland,
respect of such periods or amounts as the Court should
determine;

industrial development),

in the framework of

in the framework of

(Case C-193/03)

(2003/C 200/12)

3.

order the Commission to bear the costs of the proceed-
ings.

Justice of

Reference has been made to the Court of
the
European Communities by order of the Sozialgericht Stuttgart
(Social Court, Stuttgart) of 19 March 2003, received at the
Court Registry on 9 May 2003, for a preliminary ruling in the
case of Betriebskrankenkasse der Robert Bosch GmbH against
Federal Republic of Germany, represented by the Bundesversi-
cherungsamt on the following question:

Whether Article 34 of Regulation (EEC) No 574/72 (1)
precludes a practice,
in implementation of Paragraph 13(3)
SGB V, of flat-rate reimbursement by an insurer of costs for
in another Community country, on the
medical
model of similar provisions on small amounts.

treatment

(1) OJ L 74 of 27.3.1972, p. 1.

Pleas in law and main arguments

1.

it

submits

is apparent

The Applicant
from the
that
contested decision that the Commission manifestly failed
to properly consider the evidence furnished by Ireland
which unambiguously demonstrated that in fact there was
no overpayment or overfinancing in relation to ESF
eligible projects. Because of a mistaken characterisation
of the exercise carried out by Ireland to demonstrate that
no such claim of overpayment or overfinancing occurred,
and because of
the evidence
its mistaken belief
adduced by Ireland somehow would have an impact on
the financial
the Commission failed to properly
the evidence and drew incorrect conclusions
consider
from certain elements.

tables,

that