Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-32/02: Commission of the European Communities v Italian Republic (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)
Date: 2003-11-29
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, approximation of laws, collective dismissal, non-profit organisation

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.