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 (Common agricultural policy — Fees for health inspections and controls of fresh meat — Directive 85/73/EEC)
Date: 2003-11-29
Institutions: Court of Justice
Subjects: financing method, health control, interpretation of the law, meat processing industry, veterinary inspection

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:

C 289/6

EN

Official Journal of the European Union

29.11.2003

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, as amended and consoli-
dated by Council Directive 96/43/EC of 26 June 1996, must be
interpreted as meaning that the standard additional amount laid
down by that provision to cover the cost of the controls and inspections
connected with cutting operations is payable for all meat entering the
cutting plant, irrespective of whether it is actually cut in that cutting
plant.

(1) OJ C 68 of 16.3.2002.

JUDGMENT OF THE COURT

(First Chamber)

of 2 October 2001

in Case C-12/02 (reference for a preliminary ruling form
the Bayerisches Oberstes Landesgericht): criminal pro-
ceedings against Marco Grilli (1)

(Free movement of goods — Measures having equivalent
effect — Transfer by road to one Member State of a motor
vehicle purchased in another Member State — Temporary
number plates — Criminal penalty for driving a vehicle
without a valid registration)

(2003/C 289/10)

(Language of the case: German)

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

In Case C-12/02: reference to the Court under Article 234 EC
by the Bayerisches Oberstes Landesgericht (Germany) for a
preliminary ruling in the criminal proceedings pending before
that court against Marco Grilli on the interpretation of
Article 29 EC,
(First Chamber), composed of
M. Wathelet (Rapporteur), President of the Chamber, P. Jann
and A. Rosas, P. Léger, Advocate General; R. Grass, Registrar,
gave a judgment on 2 October 2003, the operative part of
which is as follows:

the Court

Article 29 EC precludes the rules of a Member State which prohibit
a national of another Member State, on pain of criminal penalties
such as imprisonment or a fine, from taking to that other State a
vehicle purchased in the first Member State bearing temporary
number plates issued, for the purpose of the export of the vehicle to
that other Member State, by the competent authorities of the latter
State, if those rules are of such a kind as to restrict export patterns,
create a difference in treatment between a State’s domestic trade and

its external trade and give rise to an advantage for national trade at
the expense of that of another Member State, provided that those
rules cannot be justified under Article 30 EC. It is for the national
court to ascertain whether that is so in the main proceedings.

(1) OJ C 84 of 6.4.2002.

JUDGMENT OF THE COURT

(Second Chamber)

of 16 October 2003

in Case C-32/02: Commission of the European Communi-
ties v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Directive
98/59/EC — Term ‘Employer’ — National
law which
excludes non-profit-making activities from the scope of the
directive — Incomplete transposition)

(2003/C 289/11)

(Language of the case: Italian)

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

In Case C-32/02, Commission of the European Communities
(Agent: A. Aresu) v Italian Republic (Agent: I. M. Braguglia,
assisted by M. Mari): Application for a declaration that, by not
adopting the necessary provisions in respect of employers
engaged in non-profit-making activities, the Italian Republic
has failed to fulfil its obligations under Council Directive 98/
59/EC of 20 July 1998 on the approximation of the laws of
the Member States relating to collective redundancies (OJ
1998 L 225, p. 16), the Court (Second Chamber), composed
of: R. Schintgen, President of the Chamber, V. Skouris and
N. Colneric (Rapporteur), Judges; P. Léger, Advocate General;
R. Grass, Registrar, has given a judgment on 16 October 2003,
in which it has ruled:

1. Declares that, by not adopting the necessary provisions in
respect of employers engaged in non-profit-making activities,
the Italian Republic has failed to fulfil its obligations under
Council Directive 98/59/EC of 20 July 1998 on the approxi-
mation of the laws of the Member States relating to collective
redundancies;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 84 of 6.4.2002.