Judgment of the Court (First Chamber) of 2 June 2005 in Case C-266/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Negotiation, conclusion, ratification and implementation of bilateral agreements by a Member State — Transport of goods or passengers by inland waterway — External competence of the Community — Article 10 EC — Regulations (EEC) No 3921/91 and (EC) No 1356/96)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: Czechia, European Commission, Luxembourg, Poland, Romania, Slovakia, action for failure to fulfil an obligation, bilateral agreement, carriage of goods, inland waterway shipping

C 182/6

EN

Official Journal of the European Union

23.7.2005

— a prior authorisation procedure to personal

imports, not
effected by personal
transport, of homeopathic medicinal
products lawfully prescribed in France and registered in a
Member State pursuant to Council Directive 92/73/EEC of
22 September 1992 widening the
scope of Directives
65/65/EEC and 75/319/EEC on the approximation of provi-
sions laid down by law, regulation or administrative action
relating to medicinal products and laying down additional
provisions on homeopathic medicinal products; and

— a disproportionate prior authorisation procedure to personal
imports, not effected by personal
transport, of medicinal
products lawfully prescribed in France and not authorised in
that Member State but only in the Member State where they
are purchased,

the French Republic has failed to fulfil its obligations under Article
28 EC;

2. Orders the French Republic to pay the costs.

(1) OJ C 171 of 19.07.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 2 June 2005

2. Orders the French Republic to pay the costs.

in Case C-266/03: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(1) OJ C 158 of 05.07.2003.

JUDGMENT OF THE COURT

(Grand Chamber)

of 24 May 2005

in Case C-244/03: French Republic v European Parliament
and Council of the European Union (1)

(Cosmetic products — Testing on animals — Directive
2003/15/EC — Partial annulment — Article 1(2) — Non-
severability — Inadmissibility)

(Failure of a Member State to fulfil its obligations — Nego-
tiation, conclusion, ratification and implementation of bilat-
eral agreements by a Member State — Transport of goods or
passengers by inland waterway — External competence of the
Community — Article 10 EC — Regulations (EEC) No 3921/
91 and (EC) No 1356/96)

(2005/C 182/12)

(Language of the case: French)

In Case C-266/03: Commission of the European Communities
(Agents: C. Schmidt and W. Wils) v Grand Duchy of Luxem-
bourg (Agent: S. Schreiner) — action under Article 226 EC for
failure to fulfil obligations, brought on 18 June 2003 — the
Court (First Chamber), composed of P. Jann, President of the
Chamber, R. Silva de Lapuerta (Rapporteur), K. Lenaerts, S. von
Bahr and K. Schiemann, Judges; P. Léger, Advocate General; R.
Grass, Registrar, gave a judgment on 2 June 2005, in which it:

(2005/C 182/11)

for the entry into force of

1. Declares that, by negotiating, concluding, ratifying and arranging

(Language of the case: French)

In Case C-244/03: French Republic (Agents: F. Alabrune, C.
Lemaire and G. de Bergues, and subsequently the latter, J. L.
Florent and D. Petrausch) v European Parliament (Agents: J.L.
Rufas Quintana and M. Moore, and subsequently the latter and
K. Bradley) and Council of the European Union (Agents: J.-P.
Jacqué and M.C. Giorgi Fort) — Action for annulment under
Article 230 EC, brought on 3 June 2003 — the Court (Grand
Chamber), composed of V. Skouris, President, P.
Jann and
C.W.A. Timmermans, Presidents of Chambers, C. Gulmann, A.
La Pergola,
J.-P. Puissochet, R Schintgen, K. Schiemann
(Rapporteur), J. Makarczyk, P. Kūris, U. Lõhmus, E. Levits and
A. Ó Caoimh,
Judges; L.A. Geelhoed, Advocate General; K.
Sztranc, Administrator, for the Registrar, gave a judgment on
24 May 2005, in which it:

1. Dismisses the action;

— the agreement between the Government of the Grand Duchy of
Luxembourg and the Government of the Czech and Slovak
Federative Republic on inland waterway transport, signed in
Luxembourg on 30 December 1992;

— the agreement between the Government of the Grand Duchy of
Luxembourg and the Government of Romania on inland
waterway transport, signed in Bucharest on 10 November
1993; and

— the agreement between the Government of the Grand Duchy of
Luxembourg and the Government of the Republic of Poland
on inland waterway transport, signed in Luxembourg on 9
March 1994,

without having cooperated or consulted with the Commission, the
Grand Duchy of Luxembourg has failed to fulfil its obligations
under Article 10 EC;

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,