Judgment of the Court (Fifth Chamber) of 6 November 2003 in Case C-501/01: Kingdom of the Netherlands v Commission of the European Communities (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)
Date: 2004-01-10
Institutions: Court of Justice
Subjects: EU aid, European Commission, Netherlands, action for annulment (EU), animal plague, swine

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

C 7/16

EN

Official Journal of the European Union

10.1.2004

1. Dismisses the application.

JUDGMENT OF THE COURT

2. Orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 84 of 6.4.2002.

(Sixth Chamber)

of 6 November 2003

JUDGMENT OF THE COURT

(Fifth Chamber)

of 13 November 2003

in Case C-42/02 (Reference for a preliminary ruling
from the Ålands förvaltningsdomstol): Diana Elisabeth
Lindman (1)

(Freedom to provide services — Lottery tickets — Amount
won in a game of chance held in another Member State —
Income tax — Tax on games of chance — Special regime in
the Åland Islands)

in Case C-78/02 (Reference for a preliminary ruling from
the Dioikitiko Efeteio Athinon): Elliniko Dimosio v Maria
Karageorgou (C-78/02), Katina Petrova (C-79/02), Loukas
Vlachos (C-80/02) (1)

(Sixth VAT Directive — Article 21(1)(c) — Persons liable
to tax — Person mentioning the tax on an invoice — Tax
paid in error by a non-taxable person and included in the
invoice established by that person)

(2004/C 7/27)

(Language of the case: Greek)

(2004/C 7/26)

(Language of the case: Swedish)

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

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

Lindman,

In Case C-42/02: Reference to the Court under Article 234 EC
by the Ålands förvaltningsdomstolen (Finland) for a prelimi-
nary ruling in the proceedings brought before that court by
of
Elisabeth
Diana
Article 49 EC, the Court
(Fifth Chamber), composed of:
C.W.A. Timmermans, President of the Fourth Chamber, acting
as President of the Fifth Chamber, D.A.O. Edward (Rapporteur)
and P. Jann, Judges; C. Stix-Hackl, Advocate General; L. Hew-
lett, Principal Administrator, for the Registrar, has given a
judgment on 13 November 2003, in which it has ruled:

interpretation

the

on

Article 49 EC prohibits a Member State’s legislation under which
winnings from games of chance organised in other Member States
are treated as income of the winner chargeable to income tax, whereas
winnings from games of chance conducted in the Member State in
question are not taxable.

(1) OJ C 109 of 4.5.2002.

In Joined Cases C-78/02 to C-80/02: References to the Court
under Article 234 EC by the Diikitiko Efetio Athinon (Greece)
for a preliminary ruling in the proceedings pending before that
court between Elliniko Dimosio and Maria Karageorgou (C-78/
02), Katina Petrova (C-79/02), Loukas Vlachos (C-80/02), on
the interpretation of the Sixth Council Directive 77/388/EEC
of 17 May 1977 on the harmonisation of the laws of the
Member States relating to turnover taxes — Common system
of value added tax: uniform basis of assessment (OJ 1977
L 145, p. 1) and in particular the rule in Article 21(1)(c) of that
directive to the effect that VAT is payable by any person who
mentions VAT on an invoice, the Court (Sixth Chamber),
composed of:
J.-P. Puissochet, President of the Chamber,
R. Schintgen, V. Skouris, N. Colneric and J.N. Cunha Rodrigues
(Rapporteur), Judges; L.A. Geelhoed, Advocate General; H. von
Holstein, Deputy Registrar, has given a judgment on 6 Novem-
ber 2003, in which it has ruled:

1.

The amount mentioned as value added tax on the invoice drawn
up by a person providing services to the State may not be
classified as value added tax where that person erroneously
believes that he is providing those services as a self-employed
person whilst in reality there is an employer-employee relation-
ship.