Judgment of the Court (Fourth Chamber) of 2 December 2004 in Case C-398/03 (reference for a preliminary ruling from the Helsingin Hallinto-Oikeus): E. Gavrielides Oy (Directive 90/642/EEC — Maximum levels for pesticide residues — Vine leaves)
Date: 2005-01-22
Institutions: Court of Justice
Subjects: crop production, food standard, interpretation of the law, pesticide residue

22.1.2005

EN

Official Journal of the European Union

C 19/5

JUDGMENT OF THE COURT

(Second Chamber)

of 2 December 2004

in Case C-226/03 P: José Martí Peix SA v Commission of
the European Communities (1)

(Appeal — Fisheries — Community financial aid — Reduc-
tion of the aid — Council Regulation (EC, Euratom) No
2988/95 — Articles 1 and 3 — Limitation period)

(2005/C 19/07)

(Language of the case: Spanish)

(Agent: E. Dominkovits) – application for a declaration that, by
adopting and maintaining in force rules under which the
‘Walloon label of quality’ is granted to finished products of a
the
certain quality manufactured or processed in Wallonie,
Kingdom of Belgium has failed to fulfil its obligations under
Article 28 EC – the Court (Fifth Chamber), composed of C.
Gulmann (Rapporteur), President of the Chamber, S. von Bahr
and R. Silva de Lapuerta, Judges; F.G. Jacobs, Advocate General;
R. Grass, Registrar, has given a judgment on 17 June 2004, in
which it:

1. Declares that, by adopting and maintaining in force rules under
which ‘the Walloon label of quality’ is granted to finished products
of a certain quality manufactured or processed in Wallonie, the
Kingdom of Belgium has failed to fulfil
its obligations under
Article 28 EC;

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

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

In Case C-226/03 P: action under Article 226 EC for failure to
fulfil obligations, brought on 22 May 2003, between José Martí
Peix SA, established in Huelva (Spain),
(avocats: J.R. García-
Gallardo Gil-Fournier and D. Domínguez Pérez, avocats) and
the other party to the proceedings being: Commission of the
European Communities (Agents: S. Pardo Quintillán, avocat: J.
Guerra Fernández) – the Court (Second Chamber), composed
of: C.W.A. Timmermans, President of the Chamber, J.-P. Puisso-
chet and N. Colneric (Rapporteur), Judges; A. Tizzano, Advo-
cate General; Múgica Azarmendi, Principal Administrator, for
the Registrar, has given a judgment on 2 December 2004, in
which it:

1. Dismisses the appeal;

(1) OJ C 200 of 23.8.2003.

JUDGMENT OF THE COURT

(Fourth Chamber)

2. Orders José Martí Peix SA to pay the costs.

of 2 December 2004

(1) OJ C 213 of 6.9.2003.

in Case C-398/03 (reference for a preliminary ruling from
the Helsingin Hallinto-Oikeus): E. Gavrielides Oy (1)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 17 June 2004

in Case C-255/03: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil its obligations — Free
movement of goods — Measures having equivalent effect —
Label of quality and origin — ‘Walloon label of quality’)

(2005/C 19/08)

(Language of the case: French)

In Case C-255/03: Commission of the European Communities
(Agents: C.-F. Durand and F. Simonetti) v Kingdom of Belgium

(Directive 90/642/EEC — Maximum levels for pesticide resi-
dues — Vine leaves)

(2005/C 19/09)

(Language of the case: Finnish)

In Case C-398/03: reference for a preliminary ruling under
Article 234 EC from the Helsingin Hallinto-Oikeus (Finland),
made by judgment of 22 September 2003, received at the
Court on 24 September 2003, in the proceedings brought by
E. Gavrielides Oy, – the Court (Fourth Chamber), composed of:
K. Lenaerts (Rapporteur), President of the Chamber, J.N. Cunha
J. Kokott, Advocate
Rodrigues and K. Schiemann,
General; L. Hewlett, Principal Administrator, for the Registrar,
has given a judgment on 2 December 2004, in which it has
ruled:

Judges;

C 19/6

EN

Official Journal of the European Union

22.1.2005

Council Directive 90/642/EEC of 27 November 1990 on the fixing
of maximum levels for pesticide residues in and on certain products of
plant origin, including fruit and vegetables, as amended by Commis-
sion Directive 2000/42/EC of 22 June 2000, is not applicable to
vine leaves.

(1) OJ C 275 of 15.11.2003.

former factory, also situated near Manfredonia, and the holder of
the waste in the Pariti I dump and Conte di Troia urban waste
dump has it handled by a private or public waste collector or by
an undertaking which carries out the operations listed in Annex II
A or II B to Council Directive 75/442/EEC of 15 July 1975 on
waste, as amended by Council Directive 91/156/EEC of 18
March 1991, or recover or dispose of it themselves, the Italian
Republic has failed to fulfil its obligations under Article 4 and
Article 8 of that directive.

JUDGMENT OF THE COURT

2. Orders the Italian Republic to pay the costs.

(1) OJ C 7 of 10.1.2004.

(Fifth Chamber)

of 25 November 2004

in Case C-447/03 Commission of the European Commu-
nities v Italian Republic (1)

JUDGMENT OF THE COURT

(Failure by a Member State to fulfil its obligations — Envir-
onment — Waste management — Factory site and waste in
province of Foggia — Directive 75/442/EEC amended by
Directive 91/156/EEC — Articles 4 and 8)

(Sixth Chamber)

of 28 October 2004

(2005/C 19/10)

in Case C-16/04: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Language of the case: Italian)

(Failure of a Member State to fulfil its obligations — Direc-
tive 89/654/EEC — Protection of workers — Safety and
health of workers in the workplace — Emergency doors,
windows and skylights — Failure to transpose)

In Case C-447/03 Commission of the European Communities
(Agents: R. Amorosi and M. Konstantinidis) v Italian Republic
(Agent: I.M. Braguglia and M. Fiorilli) – action under Article
226 EC for failure to fulfil obligations, brought on 22 October
2003 – the Court (Fifth Chamber), composed of: C. Gulmann,
acting as President of the Fifth Chamber, G. Arestis and J.
Klučka (Rapporteur), Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, gave a judgment on 25 November 2004, in
which it:

(2005/C 19/11)

(Language of the case: German)

1. Declares that, by failing to take the necessary measures to ensure
that waste, stored or deposited in dumps on the site of the former
Enichem Manfredonia factory (province of Foggia, Italy) and at
the Pariti I urban waste dump near Manfredonia, is recovered or
disposed of without endangering human health and without using
processes or methods which could harm the environment, and by
failing to take the necessary measures to ensure that the holder of
the waste stored or deposited in dumps on the site of Enichem's

In Case C-16/04, action under Article 226 EC for failure to
fulfil obligations, brought on 20 January 2004, Commission of
the European Communities (Agents: H. Kreppel and D. Martin)
against Federal Republic of Germany (Agents: C.-D. Quassowski
and M. Lumma) – the Court (Sixth Chamber), composed of
A. Borg Barthet (Rapporteur), President of the Chamber, J.-P.
Puissochet and J. Malenovský, Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, has given a judgment on
28 October 2004 in which it: