Judgment of the Court of 2 October 2003 in Case C-148/02 (Reference for a preliminary ruling from the Conseil d'État): Carlos Garcia Avello v État Belge (Citizenship of the European Union — Handing down of surnames — Children of nationals of Member States — Dual nationality)
Date: 2003-11-15
Institutions: Court of Justice
Subjects: Belgium, EU law, European citizenship, descendant, interpretation of the law, surname

C 275/20

EN

Official Journal of the European Union

15.11.2003

JUDGMENT OF THE COURT

of 30 September 2003

in Case C-140/02 (Reference for a preliminary ruling
from the House of Lords): Regina on the application of
S.P. Anastasiou (Pissouri) Ltd and Others v Minister for
Agriculture, Fisheries and Food, interveners: Cypfruvex
(UK) Ltd and Cypfruvex Fruit and Vegetable (Cypfruvex)
Enterprises Ltd (1)

(Approximation of laws — Protection of plant health —
Directive 77/93/EEC — Import into the Community of
plants originating in non-member countries and subject to
special requirements — Special requirements which cannot
be fulfilled at places other than that of origin — Affixing of
an appropriate origin mark to plant packaging — Official
statement that plants originate in an area known to be free
from the relevant harmful organism)

(2003/C 275/34)

(Language of the case: English)

In Case C-140/02: Reference to the Court under Article 234
EC by the House of Lords (United Kingdom) for a preliminary
ruling in the proceedings pending before that court between
Regina on the application of S.P. Anastasiou (Pissouri) Ltd and
Others and Minister for Agriculture, Fisheries and Food,
interveners: Cypfruvex (UK) Ltd and Cypfruvex Fruit and
Vegetable (Cypfruvex) Enterprises Ltd, on the interpretation of
Council Directive 77/93/EEC of 21 December 1976 on
protective measures against the introduction into the Com-
munity of organisms harmful to plants or plant products and
against their spread within the Community (OJ 1977 L 26,
p. 20), as amended, inter alia, by Council Directive 91/683/
EEC of 19 December 1991 (OJ 1991 L 376, p. 29) and
Commission Directive 92/103/EEC of 1 December 1992 (OJ
1992 L 363, p. 1), and as subsequently amended, inter alia, by
Commission Directive 98/2/EC of 8 January 1998 (OJ 1998
L 15, p. 34),
the Court, composed of: G.C. Rodríguez
Iglesias, President, J.-P. Puissochet (Rapporteur), M. Wathelet,
R. Schintgen and C.W.A. Timmermans (Presidents of Cham-
bers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann,
V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha
Rodrigues and A. Rosas,
Judges; C. Stix-Hackl, Advocate
General; L. Hewlett, Principal Administrator, for the Registrar,
has given a judgment on 30 September 2003, in which it has
ruled:

On a proper interpretation of Council Directive 77/93/EEC of
21 December 1976 on protective measures against the introduction
into the Community of organisms harmful to plants or plant products
and against their spread within the Community, as amended, inter
alia, by Council Directive 91/683/EEC of 19 December 1991 and
Commission Directive 92/103/EEC of 1 December 1992, the
special requirement that an appropriate origin mark be affixed to the
plants’ packaging, laid down in item 16.1 of Annex IV, Part A,
Section I, to that directive, can be fulfilled only in the country of

origin of the plants concerned. The amendments which Commission
Directive 98/2/EC of 8 January 1998 made to items 16.2 and
16.3 do not affect that interpretation. The phytosanitary certificate
required in order to bring those plants into the Community must,
therefore, be issued in their country of origin by, or under the
supervision of, the competent authorities of that country.

(1) OJ C 144 of 15.6.2002.

JUDGMENT OF THE COURT

of 2 October 2003

in Case C-148/02 (Reference for a preliminary ruling from
the Conseil d’État): Carlos Garcia Avello v État Belge (1)

(Citizenship of the European Union — Handing down of
surnames — Children of nationals of Member States —
Dual nationality)

(2003/C 275/35)

(Language of the case: French)

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

In Case C-148/02: Reference to the Court under Article 234 EC
by the Conseil d’État (Belgium) for a preliminary ruling in the
proceedings pending before that court between Carlos Garcia
Avello and État Belge, on the interpretation of Articles 17 EC
and 18 EC, the Court, composed of: G.C. Rodríguez Iglesias,
President, M. Wathelet, R. Schintgen and C.W.A. Timmermans
(Presidents of Chambers), D.A.O. Edward, A. La Pergola,
P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr,
J.N. Cunha Rodrigues (Rapporteur) and A. Rosas,
Judges;
F.G. Jacobs, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, has given a judgment on 2 October
2003, in which it has ruled:

Articles 12 EC and 17 EC must be construed as precluding, in
circumstances such as those of the case in the main proceedings, the
administrative authority of a Member State from refusing to grant
an application for a change of surname made on behalf of minor
children resident in that State and having dual nationality of that
State and of another Member State, in the case where the purpose of
that application is to enable those children to bear the surname to
which they are entitled according to the law and tradition of the
second Member State.

(1) OJ C 144 of 15.6.2002.