Judgment of the Court (Full Court) of 18 January 2005 in Case C-257/01: Commission of the European Communities v Council of the European Union (Regulations (EC) Nos 789/2001 and 790/2001 — Visa policy — Border checks and surveillance — Article 202 EC — Implementing powers reserved to the Council — Updating reserved to the Member States — Specific cases — Obligation to state reasons)
Date: 2005-03-05
Institutions: Court of Justice
Subjects: Council of the European Union, EU visa policy, European Commission, Schengen Agreement, action for annulment (EU), admission of aliens

5.3.2005

EN

Official Journal of the European Union

C 57/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Full Court)

of 18 January 2005

(Second Chamber)

of 20 January 2005

in Case C-257/01: Commission of the European Commu-
nities v Council of the European Union (1)

in Case C-464/01 (reference for a preliminary ruling from
the Oberster Gerichtshof): Johann Gruber v Bay Wa AG (1)

(Regulations (EC) Nos 789/2001 and 790/2001 — Visa
policy — Border checks and surveillance — Article 202 EC
— Implementing powers reserved to the Council — Updating
reserved to the Member States — Specific cases — Obliga-
tion to state reasons)

first paragraph —
(Brussels Convention — Article 13,
Conditions
‘consumer
for application — Definition of
contract’ — Purchase of tiles by a farmer for roofing a farm
building used partly for private and partly for business
purposes)

(2005/C 57/01)

(2005/C 57/02)

(Language of the case: English)

(Language of the case: German)

In Case C-257/01: application for annulment under Article 230
EC, brought on 3 July 2001, Commission of the European
Communities (Agents: D. Maidani and C. O'Reilly) supported
the Netherlands (Agent: H.G. Sevenster) v
by Kingdom of
Council of the European Union (Agents: E. Finnegan and I.
Díez Parra) supported by: Kingdom of Spain, (Agent: R. Silva
de Lapuerta) – the Court (Full Court), composed of V. Skouris,
President, P.
Jann, C.W.A. Timmermans, A. Rosas and K.
Lenaerts, Presidents of Chambers, C. Gulmann, J.-P. Puissochet,
R. Schintgen (Rapporteur), N. Colneric, S. von Bahr and J.N.
Cunha Rodrigues, Judges; P. Léger, Advocate General; R. Grass,
Registrar, gave a judgment on 18 January 2005, in which it:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 245 of 1.09.2001.

In Case C-464/01: reference for a preliminary ruling under the
Protocol of 3 June 1971 on the interpretation by the Court of
Justice of the Convention of 27 September 1968 on Jurisdic-
tion and the Enforcement of Judgments in Civil and Commer-
cial Matters, from the Oberster Gerichtshof (Austria), made by
decision of 8 November 2001, received at
the Court on
4 December 2001, in the proceedings between Johann Gruber
and Bay Wa AG – the Court (Second Chamber), composed of
C.W.A. Timmermans, President of the Chamber, C. Gulmann,
R. Schintgen (Rapporteur), G. Arestis and J. Klučka, Judges; F.G.
Jacobs, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, has given a judgment on 20 January
2005, in which it has ruled:

The rules of jurisdiction laid down by the Convention of 27 September
1968 on Jurisdiction and the Enforcement of Judgments in Civil and
Commercial Matters, as amended by the Convention of 9 October
1978 on the Accession of the Kingdom of Denmark, Ireland and the
United Kingdom of Great Britain and Northern Ireland, by the
Convention of 25 October 1982 on the Accession of the Hellenic
Republic, by the Convention of 26 May 1989 on the Accession of
the Kingdom of Spain and the Portuguese Republic, and by the
Convention of 29 November 1996 on the Accession of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden,
must be interpreted as follows: