Judgment of the Court of 30 September 2003 in Case C-239/01: Federal Republic of Germany v Commission of the European Communities (Agriculture — EAGGF — Partial annulment of Regulation (EC) No 690/2001 — Special market support measures in the beef sector — Implementing regulation of the Commission providing for compulsory co-financing by the Member States)
Date: 2003-11-15
Institutions: Court of Justice
Subjects: EAGGF, European Commission, Germany, action for annulment (EU), aid to agriculture, beef

C 275/14

EN

Official Journal of the European Union

15.11.2003

2. Article 48 of the EC Treaty (now, after amendment, Article 39
EC) and Article 7(1) of Regulation (EEC) No 1612/68 of the
Council of 15 October 1968 on freedom of movement for
workers within the Community are to be interpreted as meaning
that they preclude the grant, under conditions such as those laid
down in Article 50a of the Gehaltsgesetz 1956 (law on salaries
of 1956), as amended in 1997, of a special
length-of-
service increment which, according to the interpretation of the
Verwaltungsgerichtshof (Austria) in its judgment of 24 June
1998, constitutes a loyalty bonus.

3. An infringement of Community law, such as that stemming in
the circumstances of the main proceedings from the judgment
of the Verwaltungsgerichtshof of 24 June 1998, does not have
the requisite manifest character for liability under Community
law to be incurred by a Member State for a decision of one of
its courts adjudicating at last instance.

(1) OJ C 212 of 28.7.2001.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 2 October 2003

in Case C-232/01 (Reference for a preliminary ruling from
the Politierechtbank te Mechelen): Criminal procedure
against Hans van Lent (1)

(Freedom of movement for workers — Vehicle leasing —
Obligation to register vehicle in worker’s Member State of
residence)

(2003/C 275/22)

(Language of the case: Dutch)

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

In Case C-232/01: Reference to the Court under Article 234
EC by the Politierechtbank te Mechelen (Belgium)
for a
preliminary ruling in the criminal proceedings before that
court against Hans van Lent, on the interpretation of Article
39 EC, the Court (Fifth Chamber), composed of: M. Wathelet,
President of the Chamber, D.A.O. Edward, P. Jann, S. von Bahr
(Rapporteur) and A. Rosas, Judges; P. Léger, Advocate General;
M.-F. Contet, Principal Administrator, for the Registrar, has
given a judgment on 2 October 2003, in which it has ruled:

Article 39 EC precludes national rules of a Member State, such as
those in the present case, which prohibit a worker who is domiciled
in that Member State from using on its territory a vehicle registered
in another neighbouring Member State, belonging to a leasing

company established in that second Member State, and made
available to the worker by his employer who is also established in the
second Member State.

(1) OJ C 227 of 11.8.2001.

JUDGMENT OF THE COURT

of 30 September 2003

in Case C-239/01: Federal Republic of Germany v Com-
mission of the European Communities (1)

(Agriculture — EAGGF — Partial annulment of Regulation
(EC) No 690/2001 — Special market support measures in
the beef sector — Implementing regulation of the Com-
mission providing for compulsory co-financing by the Mem-
ber States)

(2003/C 275/23)

(Language of the case: German)

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

In Case C-239/01, Federal Republic of Germany (Agent: W.-D.
Plessing, acting as Agent, assisted by J. Sedemund) supported
by Kingdom of Denmark (Agents: J. Molde and J. Bering
Liisberg) with an address for service in Luxembourg v Com-
mission of the European Communities (Agents: D. Booß and
M. Niejahr): Application for annulment of Article 5(5) of
Commission Regulation (EC) No 690/2001 of 3 April 2001
on special market support measures in the beef sector (OJ
2001 L 95, p. 8), in so far as that provision requires each
Member State concerned to finance 30 % of the price of the
meat purchased under that regulation, the Court, composed of:
G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet,
R. Schintgen and C.W.A. Timmermans (Presidents of Cham-
bers), C. Gulmann, D.A.O. Edward, A. La Pergola (Rapporteur),
P. Jann, V. Skouris, F. Macken, N. Colneric and S. von Bahr,
Judges; J. Mischo, Advocate General; M.-F. Contet, Principal
Administrator, for the Registrar, has given a judgment on
30 September 2003, in which it:

1. Annuls Article 5(5) of Commission Regulation (EC) No 690/
2001 of 3 April 2001 on special market support measures in
the beef sector in so far as that provision requires each Member
State concerned to finance 30 % of the price of the meat
purchased under that regulation;

2. Orders the Commission of the European Communities to pay

the costs.

(1) OJ C 245 of 1.9.2001.