Judgment of the Court (Sixth Chamber) of 20 November 2003 in Case C-416/01 (Reference for a preliminary ruling from the Tribunal Supremo): Sociedad Cooperativa General Agropecuaria (ACOR) v Administración General del Estado, participant: Ebro Puleva SA, formerly Azucarera Ebro Agrícolas SA and Azucareras Reunidas de Jaén SA (Common organisation of the markets in the sugar sector — Reallocation or transfer of quotas — Interpretation of Council Regulations (EEC) No 1785/81, (EEC) No 193/82 and (EC) No 1260/2001 — Decision of competent authorities of a Member State, when approving a merger, to reallocate sugar production quotas — Sale by public auction — Transfer of quotas for consideration)
Date: 2004-01-10
Institutions: Court of Justice
Subjects: common organisation of markets, interpretation of the law, merger, production quota, sugar

C 7/14

EN

Official Journal of the European Union

10.1.2004

JUDGMENT OF THE COURT

(Sixth Chamber)

of 6 November 2003

in Case C-413/01 (Reference for a preliminary ruling from
the Verwaltungsgerichtshof): Franca Ninni-Orasche v
Bundesminister für Wissenschaft, Verkehr und Kunst (1)

(Freedom of movement for workers — Article 48 of the EC
Treaty (now, after amendment, Article 39 EC) — Concept of
‘worker’ — Contract of employment of a short term fixed in
advance — Retention of the status of ‘worker’ after end of
employment contract — Conditions for the grant of social
advantages within the meaning of Article 7(2) of Regulation
(EEC) No 1612/68 — Study finance)

(2004/C 7/22)

(Language of the case: German)

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

In Case C-413/01: Reference to the Court under Article 234 EC
by the Verwaltungsgerichtshof
(Austria) for a preliminary
ruling in the proceedings pending before that court between
Franca Ninni-Orasche and Bundesminister für Wissenschaft,
Verkehr und Kunst, on the interpretation of Article 48 of the
EC Treaty (now, after amendment, Article 39 EC), the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of
the Chamber, C. Gulmann, V. Skouris (Rapporteur), F. Macken
and N. Colneric, Judges; L.A. Geelhoed, Advocate General;
R. Grass, Registrar, has given a judgment on 6 November
2003, in which it has ruled:

1.

The fact that a national of a Member State has worked for a
temporary period of two and a half months in the territory of
another Member State, of which he is not a national, can confer
on him the status of a worker within the meaning of Article 48
of the EC Treaty (now, after amendment, Article 39 EC)
provided that the activity performed as an employed person is
not purely marginal and ancillary.

It is for the national court to carry out the examinations of fact
necessary in order to determine whether that is so in the case
before it. Circumstances preceding and subsequent to the period
of employment, such as the fact that the person concerned:

— took up the job only some years after his entry into the

host Member State,

— shortly after the end of his short, fixed-term employment
relationship, became eligible for entry to university in the
host Member State by virtue of having completed his
schooling in his country of origin, or

— attempted to find a new job in the period between the end
of the short, fixed-term employment relationship and the
time when he took up his studies,

are not relevant in this connection.

2. A Community national such as the appellant in the main
proceedings, where he has the status of a migrant worker for
the purposes of Article 48 of the Treaty, is not necessarily
voluntarily unemployed, within the meaning established by the
relevant case-law of the Court, solely because his contract of
employment, from the outset concluded for a fixed term, has
expired.

(1) OJ C 84 of 6.4.2002.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 20 November 2003

in Case C-416/01 (Reference for a preliminary ruling from
the Tribunal Supremo): Sociedad Cooperativa General
Agropecuaria (ACOR) v Administración General del Esta-
do, participant: Ebro Puleva SA, formerly Azucarera Ebro
Agrícolas SA and Azucareras Reunidas de Jaén SA (1)

(Common organisation of the markets in the sugar sector —
Reallocation or transfer of quotas — Interpretation of
Council Regulations (EEC) No 1785/81, (EEC) No 193/82
and (EC) No 1260/2001 — Decision of competent auth-
orities of a Member State, when approving a merger, to
reallocate sugar production quotas — Sale by public auction
— Transfer of quotas for consideration)

(2004/C 7/23)

(Language of the case: Spanish)

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

In Case C-416/01: Reference to the Court under Article 234 EC
by the Tribunal Supremo (Spain) for a preliminary ruling in
the proceedings pending before that court between Sociedad
Cooperativa General Agropecuaria (ACOR) and Administra-
ción General del Estado, participant: Ebro Puleva SA, formerly
Azucarera Ebro Agrícolas SA and Azucareras Reunidas de
Jaén SA, on the interpretation of Council Regulations (EEC)
No 1785/81 of 30 June 1981 on the common organisation of
the markets in the sugar sector (OJ 1981 L 177, p. 4), (EEC)
No 193/82 of 26 January 1982 laying down general rules for
transfers of quotas in the sugar sector (OJ 1982 L 21, p. 3),
and (EC) No 1260/2001 of 19 June 2001 on the common
organisation of the markets in the sugar sector (OJ 2001
L 178, p. 1),
(Sixth Chamber), composed of:
V. Skouris (Rapporteur), acting for the President of the Sixth

the Court

10.1.2004

EN

Official Journal of the European Union

C 7/15

Chamber, C. Gulmann, J.N. Cunha Rodrigues, J.-P. Puissochet
and F. Macken, Judges; J. Mischo, Advocate General; H. von
Holstein, Deputy Registrar, has given a judgment on 20 Nov-
ember 2003, in which it has ruled:

teur), F. Macken, N. Colneric and J.N. Cunha Rodrigues, Judges;
A. Tizzano, Advocate General; R. Grass, Registrar, has given a
judgment on 6 November 2003, in which it:

1.

2.

If, in the exercise of its power of administrative review of a
merger of undertakings, the competent authority of a Member
State deems it necessary to redistribute sugar production quotas
to
among undertakings situated in its territory in order
safeguard competition, the provisions of Council Regulation
(EEC) No 1785/81 of 30 June 1981 on the common
organisation of the markets in the sugar sector and Council
Regulation (EEC) No 193/82 of 26 January 1982 laying
down general rules for transfers of quotas in the sugar sector
preclude that authority from stipulating that such a transfer or
reallocation of quotas should be for value.

The entry into force of Council Regulation (EC) No 1260/
2001 of 19 June 2001 on the common organisation of the
markets in the sugar sector does not alter the interpretation of
Community law.

(1) OJ C 84 of 6.4.2002.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 6 November 2003

in Case C-434/01: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure of a Member State to fulfil obligations — Directive
92/43/EEC — Conservation of natural habitats — Wild
fauna and flora)

(2004/C 7/24)

(Language of the case: English)

In Case C-434/01, Commission of the European Communities
(Agent: R. Wainwright) v United Kingdom of Great Britain and
Northern Ireland (Agents: G. Amodeo and K. Manji, assisted
by D. Anderson): Application for a declaration that, by not
ensuring observance in its territory of Articles 12 and 16
of Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora
(OJ 1992 L 206, p. 7), the United Kingdom of Great Britain
and Northern Ireland has failed to fulfil its obligations under
that directive, the Court (Sixth Chamber), composed of: J.-
P. Puissochet, President of the Chamber, C. Gulmann (Rappor-

1. Dismisses the action.

2. Orders the Commission of the European Communities to pay

the costs.

(1) OJ C 31 of 2.2.2002.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 6 November 2003

in Case C-501/01: Kingdom of the Netherlands v Com-
mission of the European Communities (1)

(Commission Decision 2001/739/EC of 17 October 2001 on
the total amount of Community aid for the eradication of
classical swine fever in the Netherlands in 1998)

(2004/C 7/25)

(Language of the case: Dutch)

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

In Case C-501/01, Kingdom of the Netherlands (Agents:
H. G. Sevenster, C. Wissels and J. G. M. van Bakel) v
Commission of the European Communities (Agent: T. van
Rijn): Application for annulment of Commission Decision
2001/739/EC of 17 October 2001 on the total amount of
Community aid for the eradication of classical swine fever in
the Netherlands in 1998 (OJ 2001 L 277, p. 28), in so far as
the determination of the total amount of Community financial
aid for the eradication of classical swine fever in the Nether-
lands in 1998 provides for a reduction of 25 % of the
compensation paid to farmers, the Court (Fifth Chamber),
composed of: C.W.A. Timmermans, President of the Fourth
Fifth Chamber,
Chamber,
D.A.O. Edward (Rapporteur) and S. von Bahr, Judges; C. Stix-
Hackl, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, has given a judgment on 6 November
2003, in which it:

acting as President of

the