Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-489/01: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil its obligations — Failure to implement Directive 97/9/EC — Territory of Gibraltar)
Date: 2003-11-29
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, banking, credit guarantee, investment loan

29.11.2003

EN

Official Journal of the European Union

C 289/5

1. Declares that, by keeping in force legislation under which
products in respect of which there has not yet been full
harmonisation, intended for use on merchant vessels flying the
Italian flag, may be marketed only if a certificate of conformity
has been issued by a national body — so that in some cases the
right to market the products is enjoyed only by the grantee of
the certificate — and by not recognising the validity of tests
carried out in accordance with international standards by bodies
recognised in the other Member States, even where the relevant
information is made available to the competent authority and
it is clear from the certificates that the equipment guarantees a
degree of safety equivalent to that required for Italian products,
the Italian Republic has failed to fulfil its obligations under
Article 28 EC;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 84 of 6.4.2002.

of the Chamber, V. Skouris and N. Colneric (Rapporteur),
Judges; J. Mischo, Advocate General; R. Grass, Registrar, has
given a judgment on 16 October 2003, in which it:

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply, as regards the
territory of Gibraltar, with Directive 97/9/EC of the European
Parliament and of the Council of 3 March 1997 on investor-
compensation schemes the United Kingdom of Great Britain
and Northern Ireland has failed to fulfil its obligations under
Article 15 of that directive;

2. Orders the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 84 of 6.4.2002.

JUDGMENT OF THE COURT

(Second Chamber)

of 16 October 2003

in Case C-489/01: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure of a Member State to fulfil its obligations — Failure
to implement Directive 97/9/EC — Territory of Gibraltar)

(2003/C 289/08)

(Language of the case: English)

In Case C-489/01, Commission of the European Communities
(Agent: C. Tufvesson) v United Kingdom of Great Britain and
Northern Ireland (Agents: G. Amodeo): Application for a
declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply, as regards the
territory of Gibraltar, with Directive 97/9/EC of the European
Parliament and of the Council of 3 March 1997 on investor-
compensation schemes (OJ 1997 L 84, p. 22) or, in any case,
by not notifying the measures to the Commission, the United
Kingdom of Great Britain and Northern Ireland has failed to
fulfil its obligations under Article 15 of that directive, the
Court (Second Chamber), composed of: R. Schintgen, President

JUDGMENT OF THE COURT

(Second Chamber)

of 16 October 2003

in Case C-2/02 (Reference for a preliminary ruling from
the Verwaltungsgericht Mainz): Emil Färber GmbH & Co.
v Landkreis Alzey-Worms (1)

(Common agricultural policy — Fees for health inspections
and controls of fresh meat — Directive 85/73/EEC)

(2003/C 289/09)

(Language of the case: German)

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

In Case C-2/02: Reference to the Court under Article 234 EC
by the Verwaltungsgericht Mainz (Germany) for a preliminary
ruling in the proceedings pending before that court between
Emil Färber GmbH & Co. and Landkreis Alzey-Worms, on the
interpretation of Annex A, Chapter I, point 2, indent (a), to
Council Directive 85/73/EEC of 29 January 1985 on the
financing of veterinary inspections and controls covered by
Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/
496/EEC (OJ 1985 L 32, p. 14), as amended and consolidated
by Council Directive 96/43/EC of 26 June 1996 (OJ 1996
L 162, p. 1), the Court (Second Chamber), composed of:
R. Schintgen (Rapporteur), President of the Chamber, V. Skou-
ris and N. Colneric, Judges; A. Tizzano, Advocate General; M.-
F. Contet, Principal Administrator, for the Registrar, has given
a judgment on 16 October 2003, in which it has ruled: