Judgment of the Court (Full Court) of 29 June 2004 in Case C-110/02: Commission of the European Communities v Council of the European Union (Aid granted by the Portuguese Government to pig farmers — Aid intended to allow the repayment of aid declared incompatible with the common market — Council decision declaring such aid compatible with the common market — Illegality — Third subparagraph of Article 88(2) EC)
Date: 2004-08-28
Institutions: Court of Justice
Subjects: Council of the European Union, European Commission, abuse of power, action for annulment (EU), control of State aid, infringement of EU law, powers of the institutions (EU)

C 217/2

EN

Official Journal of the European Union

28.8.2004

(Germany) (C-502/01) and the Sozialgericht Aachen (Germany)
(C-31/02) for a preliminary ruling in the proceedings pending
before that court between Silke Gaumain-Cerri and Maria Barth
and Kaufmännische Krankenkasse-Pflegekasse, and Landesversi-
cherungsanstalt Rheinprovinz — on the interpretation of the
provisions of
the EC Treaty and of secondary legislation
relating to freedom of movement of Union citizens and in par-
ticular of Council Regulation (EEC) No 1408/71 on the applica-
tion of social security schemes to employed persons, to self-
employed persons and to members of their families moving
within the Community as amended and updated by Regulation
(EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1) —
the Court (Second Chamber), composed of: C.W.A. Timmer-
mans, President of the Chamber, J.-P. Puissochet (Rapporteur),
R. Schintgen, F. Macken and N. Colneric, Judges; A. Tizzano,
Advocate General; R. Grass, Registrar, has given a judgment on
8 July 2004 in which it has ruled:

insurance

contributions of

1. A benefit such as the payment, by the body providing care insur-
ance, of old age
the third party
providing care in the home of a reliant person in the circumstances
of the cases in the main proceedings constitutes a sickness benefit
to the advantage of the reliant person covered by Council Regu-
lation (EEC) No 1408/71 on the application of social security
to self-employed persons and to
schemes to employed persons,
members of
families moving within the Community as
their
amended and updated by Regulation (EC) No 118/97 of 2
December 1996.

2. So far as concerns benefits such as those under German care insur-
the cases in the main
ance accorded in the circumstances of
proceedings to an insured person resident on the territory of the
competent State or to a person resident on the territory of another
Member State and covered by that insurance as a member of the
family of a worker, the Treaty, in particular Article 17 EC, and
Regulation No 1408/71, as amended and updated by Regulation
No 118/97, preclude payment of the old age insurance contribu-
tions of a national of a Member State in the position of the third
party caring for the recipient of those benefits being refused by the
competent institution on the ground that that third party or the
aforementioned recipient resides in a Member State other than the
competent State.

JUDGMENT OF THE COURT

(Full Court)

of 29 June 2004

in Case C-110/02: Commission of the European Commu-
nities v Council of the European Union (1)

(Aid granted by the Portuguese Government to pig farmers
— Aid intended to allow the repayment of aid declared
incompatible with the common market — Council decision
declaring such aid compatible with the common market —
Illegality — Third subparagraph of Article 88(2) EC)

(2004/C 217/03)

(Language of the case: French)

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

In Case C-110/02: Commission of the European Communities
(Agents: F. Santaolalla Gadea, D. Triantafyllou and V. Di Bucci)
v Council of
J. Carbery and
the European Union (Agents:
F. Florindo Gijón) supported by Portuguese Republic (Agent:
L. Fernandes and I. Palma) and French Republic (Agent: G. de
Bergues and F. Million) — application for the annulment of
Council Decision 2002/114/EC of 21 January 2002 authorising
the Government of Portugal to grant aid to Portuguese pig
farmers who were beneficiaries of the measures granted in
1994 and 1998 (OJ 2002 L 43, p. 18) — the Court (Full
Court),
Jann,
C.W.A. Timmermans, A. Rosas, C. Gulmann, J.-P. Puissochet
and J.N. Cunha Rodrigues, Presidents of Chambers, A. La
Pergola, R. Schintgen, F. Macken, N. Colneric, S. von Bahr and
K. Lenaerts (Rapporteur), Judges; F.G. Jacobs, Advocate General;
R. Grass, Registrar, has given a judgment on 29 June 2004, in
which it:

composed of: V.

President,

Skouris,

P.

1. Annuls Council Decision 2002/114 /EC of 21 January 2002
authorising the Government of Portugal to grant aid to Portuguese
pig farmers who were beneficiaries of the measures granted in
1994 and 1998;

2. Orders the Council of the European Union to pay the costs;

3. Orders the Portuguese Republic and the French Republic to bear

their own costs.

(1) OJ C 84 of 6.4.2002.

OJ C 109 of 4.5.2002.

(1) OJ C 131 of 1.6.2002.