Judgment of the Court (Fifth Chamber) of 21 October 2004 in Case C-426/02: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Charges having equivalent effect — Common commercial policy — Imports of goods from Member States and non-member countries — Charges levied for the validation of invoices)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, charge having equivalent effect, import, infringement of EU law, pharmaceutical product

C 300/14

EN

Official Journal of the European Union

4.12.2004

as

1. Declares that, by failing to put in place a procedure for the mutual
recognition of diplomas
required by Council Directive
89/48/EEC of 21 December 1988 on a general system for the
recognition of higher-education diplomas awarded on completion
of professional education and training of at least three years' dura-
tion and Council Directive 92/51/EEC of 18 June 1992 on a
second general system for the recognition of professional education
and training to supplement Directive 89/48 for access to the
profession of special needs teacher in the hospital public service
and the local public service, and by allowing to remain in force a
national law and the practice of the classification committee which
fails to take into account the professional experience of migrant
workers, the French Republic has failed to fulfil its obligations
under those directives and Article 39 EC.

2. Orders the French Republic to pay the costs.

(1) OJ C 323 of 21.12.2002.

JUDGMENT OF THE COURT

(First Chamber)

of 14 October 2004

in Case C-409/02 P:

Jan Pflugradt v European Central

Bank (1)

(Appeal — Staff of the European Central Bank — Contrac-
tual nature of the employment relationship — Alteration of
responsibilities laid down in the employment contract)

(2004/C 300/27)

(Language of the case: German)

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

Lapuerta (Rapporteur), K. Lenaerts and S. von Bahr,
Judges;
P. Léger, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, has given a judgment on 14 October
2004, in which it:

1. Dismisses the appeal;

2. Orders Mr Pflugradt to pay the costs.

(1) OJ C 19 du 25.1.2003.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 21 October 2004

in Case C-426/02: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Charges
having equivalent effect — Common commercial policy —
Imports of goods from Member States and non-member coun-
tries — Charges levied for the validation of invoices)

(2004/C 300/28)

(Language of the case: Greek)

In Case C-426/02: action under Article 226 EC for failure to
fulfil obligations, lodged at the Court on 22 November 2002
by Commission of
the European Communities (Agents: X.
Lewis and M. Konstantinidis) against Hellenic Republic (Agents:
A. Samoni-Rantou and N. Dafniou) — the Court
(Fifth
Chamber), composed of: R. Silva de Lapuerta, President of the
Chamber, C. Gulmann (Rapporteur) and S. von Bahr, Judges;
Advocate General: A. Tizzano; Registrar: R. Grass, has given a
judgment on 21 October 2004, in which it:

In Case C-409/02 P: appeal under Article 56 of the Statute of
the Court of Justice, lodged on 18 November 2002, by Jan Pflu-
gradt (avocats: N. Pflüger) the other party to the proceedings
being: European Central Bank (Agents: V. Saintot, T. Gilliams,
and B. Wägenbaur,) — the Court (First Chamber), composed
of: P. Jann, President of the Chamber, A. Rosas, R. Silva de

1. Declares that, by applying, for the benefit of the Ethnikos Orga-
nismos Farmakon (National Organisation for Medicines), a
charge in respect of the validation of invoices on the import of raw
semi-finished products and
materials
finished products from other Member States or non-member coun-
tries, the Hellenic Republic has failed to fulfil its obligations under
Articles 23 EC, 25 EC and 133 EC;

for pharmaceutical use,

4.12.2004

EN

Official Journal of the European Union

C 300/15

2. Orders the Hellenic Republic to pay the costs.

3. Orders the Commission of the European Communities to bear

one-fifth of the costs;

(1) OJ C 31 of 8.2.2003.

4. Orders

the United Kingdom of Great Britain and Northern

Ireland to bear four-fifths of the costs.

(1) OJ C 19 of 25.1.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 12 October 2004

in Case C-431/02: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

(Hazardous waste — Failure of a State to fulfil obligations
— Directive 91/689/EEC)

JUDGMENT OF THE COURT

(Grand Chamber)

of 5 October 2004

in Case C-442/02 (reference for a preliminary ruling from
the Conseil d'État): Caixa-Bank France v Ministère de
l'Économie, des Finances et de l'Industrie (1)

(2004/C 300/29)

(Freedom of establishment — Credit institutions — National
legislation prohibiting the payment of remuneration on sight
accounts)

(Language of the case: English)

(2004/C 300/30)

(Language of the case: French)

In Case C-431/02: Commission of the European Communities
(Agents: X. Lewis and M. Konstantinidis) v United Kingdom of
Great Britain and Northern Ireland (Agents: P. Ormond and K.
Manji, assisted by M. Demetriou, Barrister) — action under
Article 226 EC for failure to fulfil obligations, brought on
28 November 2004 Ä the Court (Third Chamber), composed
of: A. Rosas, President of the Chamber, A. Borg Barthet, F.
Macken (Rapporteur), S. von Bahr, and U. Lõhmus,
Judges;
Advocate General: P. Léger, Registrar: R. Grass, has given a
judgment on 12 October 2004, in which it:

1. Declares that, by failing to adopt all the measures necessary to
comply with its obligations under Articles 1(4) and (5), 2(1), (2)
and (4), 3(1) to (4), 4(1) to (3) and 5(2) of Council Directive
91/689/EEC of 12 December 1991 on hazardous waste (OJ
1991 L 377, p. 20), the United Kingdom of Great Britain and
Northern Ireland has failed to fulfil
its obligations under that
Directive and under the EC Treaty;

2. Dismisses the remainder of the action;

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

received at

In Case C-442/02: Reference for a preliminary ruling under
Article 234 EC from the Conseil d'État (France), made by deci-
sion of 6 November 2002,
the Court on 5
December 2002,
in the proceedings brought by Caixa-Bank
France against Ministère de l'Économie, des Finances et de l'In-
interveners: Banque fédérale des banques populaires
dustrie,
and Others — the Court (Grand Chamber), composed of: V.
Skouris, President, P. Jann, C.W.A. Timmermans, C. Gulmann,
J.-P. Puissochet and J.N. Cunha Rodrigues (Rapporteur), Presi-
dents of Chambers, R. Schintgen, N. Colneric, S. von Bahr, R.
Silva de Lapuerta and K. Lenaerts, Judges; A. Tizzano, Advocate
General; M. Múgica Arzamendi, Principal Administrator, for the
Registrar, has given a judgment on 5 October 2004, in which
it has ruled: