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 (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 — Incompatibility)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: aid to agriculture, common organisation of markets, interpretation of the law, product quality, raw milk

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,

C 182/8

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Official Journal of the European Union

23.7.2005

— on the other hand, the amount thus withheld over a given period
by all the dairies is aggregated before being redistributed, after
possible financial adjustments between the dairies, in the form of
in amount paid by each dairy, per 100
supplements identical
kilogrammes of milk delivered to it during that period, to those
dairy farmers alone who have delivered milk meeting those quality
criteria.

2. Orders Huhtamaki Dourdan SA to pay the costs.

(1) OJ C 213 of 6.9.2003.

(1) OJ C 213 of 06.09.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 26 May 2005

in Case C-332/03: Commission of the European Commu-
nities v Portuguese Republic (1)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 12 May 2005

in Case C-315/03: Commission of the European Commu-
nities v Huhtamaki Dourdan SA (1)

(Failure of a Member State to fulfil obligations — Fishing —
Conservation and management of resources — Regulations
(EEC) Nos 3760/92 and 2847/93 — Measures of control of
fishing activities)

(Arbitration clause — Repayment of an advance paid in the
course of performance of a research contract — Non-justifi-
cation of part of the costs)

(2005/C 182/16)

(Language of the case: Portuguese)

(2005/C 182/15)

(Language of the case: French)

In Case C-315/03 Commission of the European Commu-
nities (Agent: C. Giolito) v Huhtamaki Dourdan SA, estab-
lished in Dourdan (France), (Lawyers: F. Puel and L. François-
Martin) — action under Article 238 EC, brought on 23 July
2003 — the Court (Sixth Chamber), composed of A. Borg
Barthet, President of the Chamber, J.-P. Puissochet (Rapporteur)
Judges; L. M. Poiares Maduro, Advocate
and S. von Bahr,
General; R. Grass, Registrar, gave a judgment on 12 May 2005,
in which it:

In Case C-332/03 Commission of the European Communities
(Agents: T. van Rijn and A.-M. Alves Vieira) v Portuguese
Republic (Agents: L. Fernandes and M.J. Policarpo) — action
for failure to fulfil obligations under Article 226 EC, brought
on 29 July 2003 — the Court (Third Chamber), composed of
the Chamber,
A. Rosas,
Puissochet
(Rapporteur), S. von Bahr,
J. Malenovský and U. Lõhmus,
Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar,
gave a judgment on 26 May 2005, in which it:

President of

J.-P.

1. Declares that, by failing, in respect of the fishing years 1994 to

1996,

1. Orders Huhtamaki Dourdan SA to pay the Commission of the
European Communities
the sum of EUR 151 533,47 repre-
senting the total capital of the repayment of part of the advance
paid to it in the context of contract No BRST-CT 98 5422, the
sum of EUR 23 583,63 representing the interest due at the date
of the present judgment, and interest at the rate of 4.81 % on the
total capital still to be repaid with effect from the day after this
judgment and until its debt has been fully repaid;

— to adopt appropriate rules for the use of the quotas allocated

to it,

— to ensure compliance with Community legislation in the field
of conservation, by means of sufficient supervision of fishing
activities and adequate inspection of the fishing fleet and of
the unloading and recording of catches,