Judgment of the Court (Fifth Chamber) of 18 September 2003 in Case C-346/00: United Kingdom of Great Britain and Northern Ireland v Commission of the European Communities (EAGGF — Clearance of accounts — Financial years 1996 and 1997 — Arable crops)
Date: 2003-11-01
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, European Commission, Northern Ireland, United Kingdom, action for annulment (EU), agricultural expenditure, aid to agriculture

C 264/4

EN

Official Journal of the European Union

1.11.2003

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

(Fifth Chamber)

of 18 September 2003

of 18 September 2003

in Case C-346/00: United Kingdom of Great Britain
and Northern Ireland v Commission of the European
Communities (1)

in Case C-416/00 (Reference for a preliminary ruling from
the Tribunale Civile di Padova): Tommaso Morellato v
Comune di Padova (1)

(EAGGF — Clearance of accounts — Financial years
1996 and 1997 — Arable crops)

(2003/C 264/05)

(Articles 30 and 36 of the EC Treaty (now, after amendment,
Articles 28 EC and 30 EC — Selling arrangements —
National legislation requiring prior packaging and specific
labelling for the marketing of deep-frozen bread lawfully
produced in a Member State and placed on the market in
another Member State after further baking)

(Language of the case: English)

(2003/C 264/06)

In Case C-346/00, United Kingdom of Great Britain and
Northern Ireland (Agent: R. Magrill, assisted by P. Roth, QC) v
Commission of the European Communities (Agents: M. Niejahr
and K. Fitch): Application for partial annulment of Commission
Decision 2000/449/EC of 5 July 2000 excluding from Com-
munity financing certain expenditure incurred by the Member
States under the Guarantee Section of the European Agricul-
tural Guidance and Guarantee Fund (EAGGF) (OJ 2000 L 180,
p. 49), in so far as it excluded from Community financing, for
the financial years 1996 and 1997, expenditure of EUR
5 039 175.46 incurred by the United Kingdom in the
arable crops sector, the Court (Fifth Chamber), composed of:
D.A.O. Edward, acting for the President of the Fifth Chamber,
A. La Pergola, P. Jann, S. von Bahr (Rapporteur) and A. Rosas,
Judges; A. Tizzano, Advocate General; L. Hewlett, Principal
Administrator, for the Registrar, has given a judgment on
18 September 2003, in which it:

1. Dismisses the application;

(Language of the case: Italian)

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

In Case C-416/00: Reference to the Court under Article 234
EC by the Tribunale Civile di Padova (Italy) for a preliminary
ruling in the proceedings pending before that court between
Tommaso Morellato and Comune di Padova, on the interpret-
ation of Articles 30 and 36 of the EC Treaty (now, after
amendment, Articles 28 and 30 EC), the Court (Fifth Chamber),
composed of: C.W.A. Timmermans, President of the Fourth
Chamber, acting for the President of the Fifth Chamber,
D.A.O. Edward (Rapporteur), A. La Pergola, P. Jann and S. von
Bahr,
Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has given a judgment on 18 September
2003, in which it has ruled:

2. Orders the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

1.

(1) OJ C 335 of 25.11.2000.

The requirement for prior packaging imposed by the law of a
Member State on the sale of bread obtained by completing, in
that Member State, the baking of partly baked bread, whether
deep-frozen or not,
that has been imported from another
Member State does not constitute a quantitative restriction or a
measure having equivalent effect within the meaning of
Article 30 of the EC Treaty (now, after amendment, Article 28
EC), provided that it applies without distinction to both national
and imported products and that it does not in reality constitute
discrimination against imported products.