Judgment of the Court (Sixth Chamber) of 1 April 2004 inCase C-237/02 (reference for a preliminary ruling from the Bundesgerichtshof): Freiburger KommunalbautenGmbH Baugesellschaft & Co. KG v Ludwig Hofstetter, Ulrike Hofstetter (‘Directive93/13/EEC — Unfair terms in consumer contracts — Contract for the buildingand supply of a parking space — Reversal of the order of performance of contractualobligations provided for under national law — Clause obliging the consumerto pay the price before the seller or supplier has performed his obligations— Obligation on the seller or supplier to provide a guarantee’)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: building, contract, interpretation of the law, payment, sale, unfair terms of contract

C 106/12

EN

Official Journal of the European Union

30.4.2004

JUDGMENT OF THE COURT

(Full Court)

23 March 2004

In Case C-233/02: French Republic v Commission of the
European Communities (1)

(‘Guidelines on regulatory cooperation and transparency
concluded with the United States of America — Non-binding
character’)

(2004/C 106/17)

(Language of the case: French)

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

In Case C-233/02: French Republic (Agents: R. Abraham, G.
de Bergues and P. Boussaroque), with an address for service in
Luxembourg, against Commission of the European Commu-
nities (Agents: P.J. Kuijper and A. van Solinge), with an address
for service in Luxembourg, supported by United Kingdom of
Great Britain and Northern Ireland (Agents:
J. Collins,
together with M. Hoskins), with an address for service in
Luxembourg: Application for annulment of the decision by
which the Commission concluded an agreement with the
United States of America on Guidelines on Regulatory Coop-
eration and Transparency, the Court (Full Court), composed of:
V. Skouris, President, P. Jann, C.W.A. Timmermans (Rappor-
teur), C. Gulmann and J.N. Cunha Rodrigues (Presidents of
Chambers), A. La Pergola,
J.-P. Puissochet, R. Schintgen, F.
Macken, N. Colneric and S. von Bahr, Judges; S. Alber, Advo-
cate General; R. Grass, Registrar, has given a judgment on 23
March 2004, in which it has ruled:

1. Dismisses the application;

2. Orders the French Republic to pay the costs.

(1) OJ C 180 of 27.07.2002.

Karamarcos), with an address for service in Luxembourg:
Appeal against the judgment of the Court of First Instance of
the European Communities (Third Chamber) of 10 April 2002
in Case T-209/00 Lamberts v Ombudsman [2002] ECR II-
2203, seeking to have that judgment set aside in part; the other
party to the proceedings being: Frank Lamberts, represented by
E. Boigelot, avocat, with an address for service in Luxembourg,
applicant at first instance and appellant on a cross-appeal, the
Court (Fifth Chamber), composed of: V. Skouris, President, P.
Jann, C.W.A Timmermans, C. Gulmann (Rapporteur),
J.N.
Cunha Rodrigues and A. Rosas, Presidents of Chambers, J.-P.
Puissochet, R. Schintgen, F. Macken, N. Colneric and S. von
Judges; L.A. Geelhoed, Advocate General; M. Múgica
Bahr,
Arzamendi, Principal Administrator,
the Registrar, has
given a judgment on 23 March 2004, in which it:

for

1) Dismisses the appeal and cross-appeal;

2) Orders the parties to bear their own costs.

(1) OJ C 180 of 27.07.2002.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 1 April 2004

in Case C-237/02 (reference for a preliminary ruling from
the Bundesgerichtshof):
Freiburger Kommunalbauten
GmbH Baugesellschaft & Co. KG v Ludwig Hofstetter,
Ulrike Hofstetter (1)

(‘Directive 93/13/EEC — Unfair terms in consumer contracts
— Contract for the building and supply of a parking space
— Reversal of the order of performance of contractual obli-
gations provided for under national law — Clause obliging
the consumer to pay the price before the seller or supplier has
performed his obligations — Obligation on the seller or
supplier to provide a guarantee’)

JUDGMENT OF THE COURT

(2004/C 106/19)

23 March 2004

(Language of the case: German)

In Case C-234/02 P: European Ombudsman v Frank
Lamberts (1)

(‘Appeal — Inadmissibility — Non-contractual liability —
European Ombudman's manner of dealing with a complaint
concerning an internal competition for establishment’)

(2004/C 106/18)

(Language of the case: French)

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

J.
In Case C-234/02 P: European Ombudsman (Agent:
service in Luxembourg,
Sant'Anna), with an address
supported by European Parliament (Agents: H. Krück and C.

for

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

In Case C-237/02: reference to the Court under Article 234 EC
by the Bundesgerichtshof (Federal Court of Justice) (Germany)
for a preliminary ruling in the proceedings pending before that
court between Freiburger Kommunalbauten GmbH Bauge-
sellschaft & Co. KG and Ludger Hofstetter, Ulrike
Hofstetter – on the interpretation of Article 3(1) of Council
Directive 93/13/EEC of 5 April 1993 on unfair terms in
consumer contracts (OJ 1993 L 95, p. 29) – the Court (Fifth
Chamber), composed of: P. Jann (Rapporteur), acting for the
President of the Fifth Chamber, C.W.A. Timmermans, A. Rosas,
A. La Pergola and S. von Bahr, Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, has given a judgment on 1 April
2004, in which it has ruled:

30.4.2004

EN

Official Journal of the European Union

C 106/13

It is for the national court to decide whether a contractual term
such as that at issue in the main proceedings satisfies the
requirements for it to be regarded as unfair under Article 3(1)
of Council Directive 93/13/EEC of 5 April 1993 on unfair
terms in consumer contracts.

recovery of the stock of hake in ICES sub-areas III, IV, V, VI and
VII and ICES divisions VIII a, b, d, e and associated conditions
for the control of activities of fishing vessels to be inadmissible;

3. Orders Jégo-Quéré & Cie SA to pay the costs of both sets of

proceedings.

(1) OJ C 202 of 24.8.2002.

(1) OJ C 233 of 28.9.2002.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 1 April 2004

in Case C-263/02 P: Commission of the European Commu-
nities v Jégo-Quéré & Cie SA (1)

JUDGMENT OF THE COURT

(Third Chamber)

of 1 April 2004

(‘Appeal — Admissibility of an action for annulment of a
regulation brought by a legal person’)

in Case C-286/02 (reference for a preliminary ruling from
the Tribunale de Treviso): Bellio F.lli against Prefettura di
Treviso (1)

(2004/C 106/20)

(Language of the case: French)

(‘Agriculture — Animal health — Protection measures with
regard to transmissible spongiform encephalopathies — Use
of animal proteins in animal feed’)

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

(2004/C 106/21)

In Case C-263/02 P: Commission of the European Commu-
nities (Agents: T. van Rijn and A. Bordes) with an address for
service in Luxembourg – appeal against the judgment of the
Court of First Instance of the European Communities (First
Chamber, Extended Composition) of 3 May 2002 in Case T-
177/01 Jégo-Quéré v Commission [2002] ECR II-2365),
seeking to have that judgment set aside, the other party to the
proceedings being: Jégo-Quéré & Cie SA, represented by A.
Creus Carreras and B. Uriarte Valiente, abogados – the Court
(Sixth Chamber), composed of: C. Gulmann (Rapporteur),
acting for the President of the Sixth Chamber,
J.N. Cunha
Rodrigues, J.-P. Puissochet, R. Schintgen and F. Macken, Judges;
F.G. Jacobs, Advocate General; L. Hewlett, Principal Adminis-
trator, for the Registrar, has given a judgment on 1 April 2004
in which it:

1. Sets aside the judgment of the Court of First Instance of 3 May

2002 in Case T-177/01 Jégo-Quéré v Commission;

2. Declares the application for annulment by Jégo-Quéré & Cie SA
of Articles 3(d) and 5 of Commission Regulation (EC) No
1162/2001 of 14 June 2001 establishing measures for the

(Language of the case: Italian)

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

In Case C-286/02: reference to the Court under Article 234 EC
from the Tribunale di Treviso (Italy) for a preliminary ruling in
the proceedings pending before that court between Bellio F.lli
and Prefettura di Treviso – on the interpretation of Council
Decision 2000/766/EC of 4 December 2000 concerning
certain protection measures with regard to transmissible spon-
giform encephalopathies and the feeding of animal protein (OJ
2000 L 306, p. 32) and Commission Decision 2001/9/EC of
29 December 2000 concerning control measures required for
the implementation of Decision 2000/766 (OJ 2001 L 2, p.
(Third Chamber), composed of: A. Rosas
32) – the Court
(Rapporteur), President of
the Chamber, R. Schintgen and
N. Colneric,
Judges; L.A. Geelhoed, Advocate General; L.
Hewlett, Principal Administrator, for the Registrar, has given a
judgment on 1 April 2004, in which it has ruled: