Judgment of the Court of 11 September 2003 in Case C-445/00: Republic of Austria v Council of the European Union (System of ecopoints for heavy goods vehicles transiting through Austria — Amendment by Regulation (EC) No 2012/2000 — Illegality)
Date: 2003-11-01
Institutions: Court of Justice
Subjects: Austria, Council of the European Union, action for annulment (EU), road transport, transit, vehicle documents

1.11.2003

EN

Official Journal of the European Union

C 264/5

If the national court, in examining these measures, finds that
that requirement results in an obstacle to imports, then it
cannot be justified by reasons relating to the protection of the
health and life of humans within the meaning of Article 36 of
the EC Treaty (now, after amendment, Article 30 EC).

1. Annuls Article 2(1) of Council Regulation (EC) No 2012/
2000 of 21 September 2000 amending Annex 4 to Protocol
No 9 to the 1994 Act of Accession and Regulation (EC)
No 3298/94 with regard to the system of ecopoints for heavy
goods vehicles transiting through Austria;

2. National courts have an obligation to ensure the full effect of
Article 30 of the Treaty by disapplying on their own initiative
domestic provisions which do not comply with that article.

2. Annuls Article 1 and Article 2(4) of that regulation but
declares that their effects are to be regarded as definitive;

(1) OJ C 28 of 27.1.2001.

3. Dismisses the remainder of the action;

4. Orders each party to bear its own costs, including those of the
interlocutory proceedings and of the procedure relating to the
withdrawal of a document from the case-file;

5. Orders the Federal Republic of Germany, the Italian Republic
and the Commission of the European Communities to bear
their own costs.

JUDGMENT OF THE COURT

of 11 September 2003

(1) OJ C 45 of 10.2.2001.

in Case C-445/00: Republic of Austria v Council of the
European Union (1)

(System of ecopoints for heavy goods vehicles transiting
through Austria — Amendment by Regulation (EC)
No 2012/2000 — Illegality)

(2003/C 264/07)

(Language of the case: German)

JUDGMENT OF THE COURT

(Third Chamber)

of 11 September 2003

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

In Case C-445/00, Republic of Austria (Agent: H. Dossi) v
Council of the European Union (Agents: A. Lopes Sabino and
G. Houttuin) supported by Federal Republic of Germany
(Agents: W.-D. Plessing, assisted by J. Sedemund), by Italian
Republic (Agent: U. Leanza, assisted by M. Fiorilli) and by
Commission of the European Communities (Agents: initially
by C. Schmidt and M. Wolfcarius, and,
subsequently,
C. Schmidt and W. Wils): Application for annulment of
Council Regulation (EC) No 2012/2000 of 21 September
2000 amending Annex 4 to Protocol No 9 to the 1994 Act of
Accession and Regulation (EC) No 3298/94 with regard to the
system of ecopoints for heavy goods vehicles transiting
through Austria (OJ 2000 L 241, p. 18), 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, P. Jann, V. Skouris,
F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues
(Rapporteur), Judges; J. Mischo, Advocate General; M.-F. Con-
tet, Administrator, for the Registrar, has given a judgment on
11 September 2003, in which it:

in Case C-6/01 (Reference for a preliminary ruling from
the Tribunal Cível da Comarca de Lisboa): Associação
Nacional de Operadores de Máquinas Recreativas (Ano-
mar) and Others v Estado português (1)

(Freedom to provide services — Operation of games of
chance or gambling — Gaming machines)

(2003/C 264/08)

(Language of the case: Portuguese)

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

In Case C-6/01: Reference to the Court under Article 234 EC
by the Tribunal Cível da Comarca de Lisboa (Portugal) for a
preliminary ruling in the proceedings pending before that court
between Associação Nacional de Operadores de Máquinas
Recreativas (Anomar) and Others and Estado português, on