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 (Appeal — Fisheries — Community financial aid — Reduction of the aid — Council Regulation (EC, Euratom) No 2988/95 — Articles 1 and 3 — Limitation period)
Date: 2005-01-22
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), balance of payments assistance, fishing industry, fraud against the EU

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;