Judgment of the Court of 10 July 2003 in Case C-15/00: Commission of the European Communities v European Investment Bank (European Investment Bank (EIB) — Decision of the Management Committee — Action for annulment — Jurisdiction of the Court — Article 237 EC — Protection of the Communities' financial interests — European Anti-Fraud Office (OLAF) — Regulations (EC) No 1073/1999 and (Euratom) No 1074/1999 — Applicability to EIB — Pleas of illegality — Independence of the EIB — Legal bases — Articles 280 EC and 203 EA — Proportionality — Statement of reasons)
Date: 2003-09-06
Institutions: Court of Justice
Subjects: EU control, European Anti-fraud Office, European Commission, European Investment Bank, action for annulment (EU), fraud against the EU, institutional cooperation

6.9.2003

EN

Official Journal of the European Union

C 213/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

1. Annuls Decision 1999/726/EC of the European Central Bank
of 7 October 1999 on fraud prevention (ECB/1999/5);

of 10 July 2003

2. Orders the European Central Bank to pay the costs;

in Case C-11/00: Commission of the European Communi-
ties v European Investment Bank (1)

3. Orders the Kingdom of the Netherlands, the European Parlia-
ment and the Council of the European Union to bear their own
costs.

(European Central Bank (ECB) — Decision 1999/726/EC
on fraud prevention — Protection of the Communities’
financial interests — European Anti-Fraud Office (OLAF)
— Regulation (EC) No 1073/1999 — Applicability to the
ECB — Plea of illegality — Admissibility — Independence
the ECB — Article 108 EC — Legal basis —
of
the ECB —
Article 280 EC — Consultation of

Article 105(4) EC — Proportionality)

(1) OJ C 122 of 29.4.2000.

JUDGMENT OF THE COURT

(2003/C 213/01)

of 10 July 2003

(Language of the case: French)

in Case C-15/00: Commission of the European Communi-
ties v European Investment Bank (1)

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

In Case C-11/00, Commission of the European Communities
(Agents: C.W.A. Timmermans, H.P. Hartvig and U. Wölker,
and, subsequently, J.-L. Dewost, H.P. Hartvig and U. Wölker)
supported by Kingdom of the Netherlands (Agent: M.A. Fiers-
tra, and, subsequently, J. van Bakel) by European Parliament
(Agents: J. Schoo and H. Duintjer Tebbens) and by Council of
the European Union (Agents: J. Aussant F. van Craeyenest and
F. Anton) v European Investment Bank (Agents: A. Sáinz de
Vicuña and C. Zilioli, assisted by A. Dashwood, barrister):
Application for annulment of Decision 1999/726/EC of the
European Central Bank of 7 October 1999 on fraud prevention
(ECB/1999/5) (OJ 1999 L 291, p. 36), the Court, composed
of: G.C. Rodríguez Iglesias, President,
J.-P. Puissochet,
M. Wathelet and R. Schintgen (Presidents of Chambers),
C. Gulmann, D.A.O. Edward, A. La Pergola (Rapporteur),
P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr and
A. Rosas, Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, has given a judgment on 10 July 2003, in which it:

(European Investment Bank (EIB) — Decision of the Man-
agement Committee — Action for annulment — Jurisdiction
of the Court — Article 237 EC — Protection of the
Communities’ financial interests — European Anti-Fraud
Office (OLAF) — Regulations (EC) No 1073/1999 and
(Euratom) No 1074/1999 — Applicability to EIB — Pleas
of illegality — Independence of the EIB — Legal bases —
Articles 280 EC and 203 EA — Proportionality — Statement
of reasons)

(2003/C 213/02)

(Language of the case: French)

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

In Case C-15/00, Commission of the European Communities
(Agents: C.W.A. Timmermans, H.P. Hartvig and C. Gómez de
la Cruz, and, subsequently, J.-L. Dewost, H.P. Hartvig and
C. Gómez de la Cruz) supported by Kingdom of the Nether-

C 213/2

EN

Official Journal of the European Union

6.9.2003

Bench Division (Commercial Court) (United Kingdom), for a
preliminary ruling in the proceedings pending before that
court between Joseph Lennox, trading as ‘R. Lennox & Son’,
and Industria Lavorazione Carni Ovine, on the interpretation
of Article 9 of Council Directive 91/68/EEC of 28 January
1991 on animal health conditions governing intra-Community
trade in ovine and caprine animals (OJ 1991 L 46, p. 19) and
the Court (Fifth
of various other Community provisions,
Chamber), composed of: D.A.O. Edward, acting for the
President of the Fifth Chamber, A. La Pergola, P. Jann, S. von
Bahr and A. Rosas (Rapporteur), Judges; S. Alber, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, has given a judgment on 3 July 2003, in which it has
ruled:

1. A Member State cannot prevent

the importation of sheep
intended for slaughter when they arrive on its territory solely on
the ground that they are accompanied by a Model II health
certificate established by Annex E to Council Directive 91/68/
EEC of 28 January 1991 on animal health conditions
governing intra-Community trade in ovine and caprine animals,
which is provided for trade between Member States in ovine
and caprine animals intended for fattening.

2. At the time of the facts in the main proceedings, Community
law, and more particularly Directive 91/68 and Article 10 of
Council Directive 90/425/EEC of 26 June 1990 concerning
veterinary and zootechnical checks applicable in intra-Com-
munity trade in certain live animals and products with a view
to the completion of the internal market, did not preclude a
Member State from imposing a requirement under national
law such as Italian Order No 600.3/VET/340/2/8920 of
24 December 1996, as clarified by Explanatory Memorandum
No 600.3/340/2/73 of 3 January 1997, that, when bovine
and ovine animals originating in France, Ireland, Portugal or
the United Kingdom were imported for slaughter, breeding or
fattening, the health certificate accompanying those animals
state that they had been born and raised on a farm in which no
case of Transmissible Spongiform Encephalopathy had been
registered during the previous six years.

(1) OJ C 200 of 14.7.2001.

lands (Agent: M.A. Fierstra, and, subsequently, J. van Bakel)
European Parliament (Agents: J. Schoo and H. Duintjer Teb-
bens) and by Council of the European Union (Agents: J. Aus-
sant F. van Craeyenest and F. Anton) v European Investment
Bank (Agents: A. Morbilli, and, subsequently, E. Uhlmann,
assisted by A. Barav): Application for annulment of the
Decision of the Management Committee of the European
Investment Bank of 10 November 1999 concerning cooper-
ation with the European Anti-Fraud Office (OLAF), the Court,
composed of: G.C. Rodríguez Iglesias, President, J.-P. Puisso-
chet, M. Wathelet and R. Schintgen (Presidents of Chambers),
C. Gulmann, D.A.O. Edward, A. La Pergola (Rapporteur),
P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr and
A. Rosas, Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, has given a judgment on 10 July 2003, in which it:

1. Annuls the Decision of the Management Committee of the
European Investment Bank of 10 November 1999 concerning
cooperation with the European Anti-Fraud Office (OLAF);

2. Orders the European Investment Bank to pay the costs;

3. Orders the Kingdom of the Netherlands, the European Parlia-
ment and the Council of the European Union to bear their own
costs.

( 1) OJ C 122 of 29.4.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 3 July 2003

in Case C-220/01 (Reference for a preliminary ruling from
the High Court of Justice (England & Wales) Queen’s
Bench Division Commercial Court): Joseph Lennox, trad-
ing as ‘R. Lennox & Son’, v Industria Lavorazione Carni
Ovine (1)

(Agriculture — Animal health — Importation of ovine
animals — Health certificate — National
safeguard
measures against Transmissible Spongiform Encephalopa-
thy)

(2003/C 213/03)

(Language of the case: English)

In Case C-220/01: Reference to the Court under Article 234 EC
by the High Court of Justice of England and Wales, Queen’s