Judgment of the Court of Justice (Grand Chamber) of 16 June 2005 in Case C-105/03, Reference for a preliminary ruling from the Tribunale di Firenze (Italy), in criminal proceedings against Maria Pupino (Police and judicial cooperation in criminal matters — Articles 34 EU and 35 EU — Framework Decision 2001/220/JHA — Standing of victims in criminal proceedings — Protection of vulnerable persons — Hearing of minors as witnesses — Effects of a framework decision)
Date: 2005-08-06
Institutions: Court of Justice
Subjects: child, child pornography, child protection, evidence, interpretation of the law, sexual violence, victim, young person

6.8.2005

EN

Official Journal of the European Union

C 193/3

2. Orders HDI International to compensate the damage caused to
the European Parliament as a result of the wrongful termination
of contract no. 5.013.347;

3. Holds that the sum due as compensation for the damage which
HDI International caused the European Parliament is obtained by
multiplying the sum of EUR 389 291,73 by the percentage of
premiums which HDI International would have received out of the
total of those which the European Parliament should have paid the
four co-assurors in respect of the guarantees for the year 2002
and by deducting from the product thus obtained the sum which
that institution should have paid HDI International in respect of
the cover for its assets in France against all material damage for
the year 2002;

1. Annuls Commission Decision 2002/461/EC of 12 June 2002
on the clearance of the accounts of Member States' expenditure
financed by the European Agricultural Guidance and Guarantee
Fund (EAGGF), Guarantee Section, for the 2001 financial year in
so far as Annex I thereto includes in the amount recoverable from
the Kingdom of Spain a financial correction of the accounts of the
Castilla-La Mancha paying agency corresponding to the amount
of the compensatory allowances;

2. Dismisses the remainder of the action;

3. Orders the Kingdom of Spain and the Commission of the Euro-

pean Communities to bear their own costs.

4. Holds that the sums due to the European Parliament by HDI
International generate interest with effect from 4 April 2002 at
the statutory rate applicable in France;

(1) OJ C 233, 28.9.2002.

5. Orders HDI International to pay the costs.

(1) OJ C 144, 15.06.2002.

JUDGMENT OF THE COURT

(Third Chamber)

of 9 June 2005

in Case C-287/02: Kingdom of Spain v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — 2001 financial year —
Detailed implementing rules)

(2005/C 193/04)

(Language of the case: Spanish)

In Case C-287/02: Kingdom of Spain (Agent: L. Fraguas Gadea)
v Commission of
the European Communities (Agents: M.
Niejahr and S. Pardo Quintillán) — action for annulment under
Article 230 EC, brought on 9 August 2002 — the Court (Third
Chamber), composed of A. Rosas, President of the Chamber, A.
Borg Barthet, J.-P. Puissochet, S. von Bahr and J. Malenovský
(Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, gave a judgment on 9 June 2005, in which it:

JUDGMENT OF THE COURT OF JUSTICE

(Grand Chamber)

of 16 June 2005

in Case C-105/03, Reference for a preliminary ruling from
the Tribunale di Firenze (Italy), in criminal proceedings
against Maria Pupino (1)

34

EU and

(Police and judicial cooperation in criminal matters — Arti-
cles
EU — Framework Decision
2001/220/JHA — Standing of victims in criminal proceed-
ings — Protection of vulnerable persons — Hearing of
minors as witnesses — Effects of a framework decision)

35

(2005/C 193/05)

(Language of the case: Italian)

In Case C-105/03: reference for a preliminary ruling under
Article 35 EU, by the judge in charge of preliminary enquiries
the Tribunale di Firenze (Italy), made by decision of 3
at
in
February 2003, received at the Court on 5 March 2003,
criminal proceedings against Maria Pupino — the Court (Grand
Chamber), composed of V. Skouris, President, P. Jann, C.W.A.
Timmermans, A. Rosas, R. Silva de Lapuerta and A. Borg
Barthet, Presidents of Chambers, N. Colneric, S. von Bahr, J.N.
Cunha Rodrigues (Rapporteur), P. Kūris, E. Juhász, G. Arestis
and M. Ilešič, Judges; J. Kokott, Advocate General, L. Hewlett,
Principal Administrator, for the Registrar, gave a judgment on
16 June 2005, the operative part of which is as follows:

C 193/4

EN

Official Journal of the European Union

6.8.2005

1. Articles 2, 3 and 8(4) of Council Framework Decision
2001/220/JHA of 15 March 2001 on the standing of victims
in criminal proceedings must be interpreted as meaning that the
national court must be able to authorise young children, who, as
in this case, claim to have been victims of maltreatment, to give
their testimony in accordance with arrangements allowing those
children to be guaranteed an appropriate level of protection, for
example outside the trial and before it takes place.

öffentlichen Interesses beim Oberverwaltungsgericht für
das Land Nordrhein-Westfalen, the Court (First Chamber)
composed of P. Jann, President of the Chamber, N. Colneric,
Ilešič and E. Levits,
J.N. Cunha Rodrigues (Rapporteur), M.
Judges; L.A. Geelhoed, Advocate General, K. Sztranc, Adminis-
trator, for the Registrar, gave a judgment on 9 June 2005, the
operative part of which is as follows:

2. The national court is required to take into consideration all the
rules of national law and to interpret them, so far as possible, in
the light of the wording and purpose of the Framework Decision.

(1) OJ C 146 of 21.06.2003

1. The classification of a product as a medicinal product or as a
the
foodstuff must
product, established both in the initial stage of the product and
where it is mixed, in accordance with the method by which it is
used, with water or with yoghurt.

the characteristics of

take account of all

JUDGMENT OF THE COURT OF JUSTICE

(First Chamber)

of 9 June 2005

2. Regulation (EC) No 178/2002 of the European Parliament and
of the Council of 28 January 2002 laying down the general
principles and requirements of food law, establishing the Euro-
pean Food Safety Authority and laying down procedures in
matters of food safety constitutes an additional set of rules in
relation to Directive 2002/46/EC of the European Parliament
and of the Council of 10 June 2002 on the approximation of
the laws of the Member States relating to food supplements, the
application of which is precluded to the extent to which a Com-
munity rule, such as that directive, contains specific provisions
for certain categories of foodstuffs.

in Joined Cases C-211/03, C-299/03 and C-316/03 to C-318/
03 (References for a preliminary ruling from the Oberver-
waltungsgericht für das Land Nordrhein-Westfalen): HLH
Warenvertriebs GmbH, Orthica BC v Federal Republic of
Germany (1)

3. Only the provisions of Community law specific to medicinal
products apply to a product which satisfies equally well the condi-
tions for classification as a foodstuff and the conditions for clas-
sification as a medicinal product.

(Free movement of goods — Distinction between medicinal
products and food additives — Product marketed as a food
additive in the Member State of origin but treated as a medic-
inal product in the Member State of import — Marketing
authorisation)

(2005/C 193/06)

(Language of the case: German)

in the light of

the potential capacities of

4. The pharmacological properties of a product are the factor on the
basis of which the authorities of the Member States must ascer-
tain,
the product,
whether it may, for the purposes of the second subparagraph of
Article 1(2) of Directive 2001/83/EC of the European Parlia-
ment and of the Council of 6 November 2001 on the Com-
munity code relating to medicinal products for human use, be
administered to human beings with a view to making a medical
diagnosis or to restoring, correcting or modifying physiological
functions in human beings. The risk that the use of a product
may entail for health is an autonomous factor that must also be
taken into consideration by the competent national authorities in
the context of the classification of the product as a medicinal
product.

In Joined Cases C-211/03, C-299/03 and C-316/03 to C
318/03: references for a preliminary ruling under Article 234
EC, by the Oberverwaltungsgericht für das Land Nordrhein-
Westfalen (Germany), by decisions of 7 May and of 4, 3, 7 and
8 July 2003 respectively, received at the Court on 15 May and
11 and 24 July 2003, in the proceedings pending before that
court between HLH Warenvertriebs GmbH (C-211/03),
Orthica BV (C-299/03 and C-316/03 to C-318/03) and the
intervener: Vertreter des
Federal Republic of Germany,

5. A product which constitutes a medicinal product within the
meaning of Directive 2001/83 may be imported into another
Member State only upon acquisition of a marketing authorisa-
tion issued in accordance with the provisions of that directive,
even where it is lawfully marketed as a foodstuff
in another
Member State.