Judgment of the Court (Fifth Chamber) of 11 September 2003 in Case C-211/01: Commission of the European Communities v Council of the European Union (EC/Bulgaria and EC/Hungary Agreements — Carriage of goods by road and combined transport — Taxation — Legal basis — Articles 71 EC and 93 EC)
Date: 2003-11-01
Institutions: Court of Justice
Subjects: Bulgaria, Council of the European Union, European Commission, Hungary, action for annulment (EU), transit

C 264/10

EN

Official Journal of the European Union

1.11.2003

and J.N. Cunha Rodrigues,
Jacobs, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, has given a judgment on 11 September 2003, in which it
has ruled:

Judges; F.G.

Articles 81, 82 and 85 EC and Council Directive 92/12/EEC of
25 February 1992 on the general arrangements for products subject
to excise duty and on the holding, movement and monitoring of
such products, as amended by Council Directive 96/99/EC of
30 December 1996, must be interpreted as meaning that they do
not preclude a national rule providing for the levy of surcharges on
the price of electricity such as those at issue in the main proceedings
when the electricity is used in an electro-chemical process and that
Council Recommendation 81/924/EEC of 27 October 1981 on
electricity tariff structures in the Community is not capable of
preventing a Member State from levying such surcharges.

(1) OJ C 200 of 14.7.2001.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 11 September 2003

in Case C-211/01: Commission of the European Communi-
ties v Council of the European Union (1)

lishing certain conditions for the carriage of goods by road
and the promotion of combined transport (OJ 2001 L 108,
p. 27), but only in so far as they are based on Article 93 EC
and without altering their effects, which should be maintained,
the Court (Fifth Chamber), composed of: M. Wathelet (Rappor-
teur), President of
the Chamber, C.W.A. Timmermans,
D.A.O. Edward, A. La Pergola and S. von Bahr, Judges; S. Alber,
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 11 September 2003, in
which it:

conclusion of

1. Annuls Council Decision 2001/265/EC of 19 March 2001
concerning the
the agreement between the
European Community and the Republic of Bulgaria establishing
certain conditions for the carriage of goods by road and the
promotion of combined transport and 2001/266/EC of
19 March 2001 concerning the conclusion of the agreement
between the European Community and the Republic of Hungary
establishing certain conditions for the carriage of goods by road
and the promotion of combined transport;

2. Declares that the effects of the decisions are to be maintained
until the measures necessary to implement the present judgment
have been adopted;

3. Orders the Council of the European Union to pay the costs;

4. Orders the Federal Republic of Germany and the Grand Duchy

of Luxembourg to bear their own costs.

(1) OJ C 212 of 28.7.2001.

(EC/Bulgaria and EC/Hungary Agreements — Carriage of
goods by road and combined transport — Taxation — Legal
basis — Articles 71 EC and 93 EC)

JUDGMENT OF THE COURT

of 9 September 2003

(2003/C 264/16)

(Language of the case: French)

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

In Case C-211/01, Commission of the European Communities
(Agent: initially by M. Wolfcarius, subsequently by W. Wils) v
Council of the European Union (Agents: A. Lopes Sabino and
E. Karlsson) supported by Federal Republic of Germany
(Agents: W.-D. Plessing and M. Lumma) and by Grand Duchy
of Luxembourg (Agents: J. Falts and N. Mackel): Application
for the annulment of Council Decisions 2001/265/EC of
19 March 2001 concerning the conclusion of the agreement
between the European Community and the Republic of
Bulgaria establishing certain conditions for the carriage of
goods by road and the promotion of combined transport (OJ
2001 L 108, p. 4), and 2001/266/EC of 19 March 2001
concerning the conclusion of the agreement between the
European Community and the Republic of Hungary estab-

in Case C-236/01 (Reference for a preliminary ruling
from the Tribunale amministrativo regionale del Lazio):
Monsanto Agricoltura Italia SpA and Others v Presidenza
del Consiglio dei Ministri and Others (1)

(Regulation (EC) No 258/97 — Novel foods — Placing on
the market — Safety assessment — Simplified procedure —
Substantial equivalence to existing foods — Foods produced
from genetically modified maize — Presence of residues of
transgenic protein — Measure by a Member State tempor-
arily restricting or suspending the trade in or use of a novel
food in its territory)

(2003/C 264/17)

(Language of the case: Italian)

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

In Case C-236/01: Reference to the Court under Article 234
EC by the Tribunale amministrativo regionale del Lazio (Italy)