Judgment of the Court (Fifth Chamber) of 18 September 2003 in Case C-416/00 (Reference for a preliminary ruling from the Tribunale Civile di Padova): Tommaso Morellato v Comune di Padova (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)
Date: 2003-11-01
Institutions: Court of Justice
Subjects: EU law - national law, Italy, bread, import, interpretation of the law, marketing

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.

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