Judgment of the Court (Second Chamber) of 12 May 2005 in Case C-278/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Freedom of movement for workers — Competition for the recruitment of teaching staff in Italian State schools — Failure to take account of or insufficient account taken of professional experience acquired in other Member States — Article 39 EC — Article 3 of Regulation (EEC) No 1612/68)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, administrative competition, civil servant, free movement of workers, public education

23.7.2005

EN

Official Journal of the European Union

C 182/7

2. Dismisses the remainder of the action;

2. Orders the Italian Republic to pay the costs.

3. Orders the Commission of the European Communities and the

Grand Duchy of Luxembourg to bear their own costs.

(1) OJ C 213 of 6.9.2003.

(1) OJ C 200 of 23.08.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 12 May 2005

in Case C-278/03: Commission of the European Commu-
nities v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Freedom
of movement for workers — Competition for the recruitment
of teaching staff in Italian State schools — Failure to take
account of or insufficient account
taken of professional
experience acquired in other Member States — Article 39 EC
— Article 3 of Regulation (EEC) No 1612/68)

(2005/C 182/13)

(Language of the case: Italian)

In Case C-278/03: Commission of the European Communities
(Agent: M.-J. Jonczy) v Italian Republic (Agent: I.M. Braguglia,
assisted by G. De Bellis, avvocato dello Stato ) — action under
Article 226 EC for failure to fulfil obligations, brought on 26
June 2003 — the Court
(Second Chamber), composed of
C.W.A. Timmermans (Rapporteur), President of the Chamber,
C. Gulmann, R. Schintgen, G. Arestis and J. Klučka,, Judges; C.
Stix-Hackl, Advocate General; R. Grass, Registrar, gave a judg-
ment on 12 May 2005, in which it:

1. Declares that the Italian Republic has failed to fulfil its obligations
under Article 39 EC and Article 3(1) of Regulation (EEC) No
1612/68 of the Council of 15 October 1968 on freedom of
movement for workers within the Community inasmuch as for the
purposes of participation by Community nationals in competitions
to recruit
in Italian State schools professional
teaching experience acquired by those nationals is not taken into
account, or at least not taken into account in the same way,
depending on whether the teaching was carried out in Italy or in
other Member States;

teaching staff

JUDGMENT OF THE COURT

(First Chamber)

of 26 May 2005

in Case C-283/03: Reference for a preliminary ruling from
the College van Beroep voor het bedrijfsleven A.H.
Kuipers v Productschap Zuivel (1)

(Common organisation of the markets — Milk and milk
products — Regulation (EEC) No 804/68 — National scheme
under which dairies withhold deductions from the price
payable to dairy farmers or pay price supplements to them
according to the quality of the milk supplied — Incompat-
ibility)

(2005/C 182/14)

(Language of the case: Dutch)

In Case C-283/03: reference for a preliminary ruling under
Article 234 EC from the College van Beroep voor het bedrijf-
sleven (Adminstrative Court for Trade and Industry) (Nether-
lands), made by dcision of 27 June 2003, received at the Court
on 30 June 2003, in the proceedings between A.H. Kuipers and
Productschap Zuivel — the Court (First Chamber), composed
of P. Jann, President of the Chamber, K. Lenaerts, J.N. Cunha
Rodrigues, K. Schiemann (Rapporteur) and M. Ilešič, Judges; J.
Kokott, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, gave a judgment on 26 May 2005, the
operative part of which is as follows:

The common pricing system which forms the basis of the common
organisation of the market in milk and milk products instituted by
Regulation No 804/68 of the Council of 27 June 1968 on the
common organisation of the market in milk and milk products, as
amended by Council Regulation (EC) No 1538/95 of 29 June
1995, prohibits Member States from unilaterally adopting provisions
affecting the machinery of price formation at
the production and
marketing stages established under the common organisation. That is
the case with regard to a system such as that at issue in the main
proceedings, which, whatever its alleged or stated objective may be,
institutes a mechanism under which:

— on the one hand, dairies are required to withhold deductions from
the price of milk delivered to them when that milk does not meet
certain quality criteria and,