Judgment of the Court (First Chamber) of 30 June 2005 in Case C-537/03: Reference for a preliminary ruling from the Korkein Oikeus in Katja Candolin and Others. v Vahinkovakuutusosakeyhtiö Pohjola and Others (Compulsory motor vehicle insurance — Directives 84/5/EEC and 90/232/EEC — Rules on civil liability — Passenger's contribution to the loss or injury — Refusal or limitation of the right to compensation)
Date: 2005-08-20
Institutions: Court of Justice
Subjects: alcoholism, carriage of passengers, drivers, interpretation of the law, third-party insurance, transport accident

20.8.2005

EN

Official Journal of the European Union

C 205/3

Dal Bello Sife Srl, established in Padua, Frigofrutta Srl, estab-
lished in Palermo (Italy), Garletti Snc, established in Bergamo
(Italy), London Fruit Ltd, established in London (United
(Lawyers: W. Viscardini Donà and G. Donà), the
Kingdom)
other party to the proceedings being the Commission of the
European Communities
and L.
Visaggio, and A. Dal Ferro, lawyer) — appeal under Article 56
of the Statute of the Court of Justice, brought on 2 July 2003
— the Court (Second Chamber), composed of C.W.A. Timmer-
mans, President of the Chamber, C. Gulmann, R. Schintgen
(Rapporteur), G. Arestis and J. Klučka, Judges; D. Ruiz-Jarabo
Colomer, Advocate General: M. Ferreira, Principal Adminis-
in
trator, for Registrar, gave a judgment on 30 June 2005,
which it:

(Agents: C. Cattabriga

1. Sets aside the judgment of the Court of First Instance of the Euro-
pean Communities of 10 April 2003 in Joined Cases T-93/00
and T-46/01 Alessandrini and Others v Commission;

2. Dismisses

the applications brought before the Court of First
Instance of the European Communities in Cases T-93/00 and T-
46/01;

3. Orders Alessandrini Srl, Anello Gino di Anello Luigi & C. Snc,
Arpigi SpA, Bestfruit Srl, Co-Frutta SpA, Co-Frutta Soc. coop.
arl, Dal Bello Sife Srl, Frigofrutta Srl, Garletti Snc and London
Fruit Ltd to pay the costs incurred both at first instance and in
connection with the appeal.

Jari-Antero Viljaniemi, Veli-Matti Paananen against Vahinkova-
kuutusosakeyhtiö Pohjola, Jarno Ruokoranta, the Court (First
Chamber), composed of P. Jann, President of the Chamber, K.
Lenaerts, J.N. Cunha Rodrigues (Rapporteur), E. Juhász and M.
Ilešič,
Judges; L.A. Geelhoed, Advocate General; H. von
Holstein, Deputy Registrar, for the Registrar, gave a judgment
on 30 June 2005, in which it ruled:

In circumstances such as those in the main proceedings, Article 2(1)
of Second Council Directive 84/5/EEC of 30 December 1983 on the
approximation of the laws of the Member States relating to insurance
against civil liability in respect of the use of motor vehicles and Article
1 of Third Council Directive 90/232/EEC of 14 May 1990 on the
approximation of the laws of the Member States relating to insurance
against civil liability in respect of the use of motor vehicles, preclude a
national rule which allows the compensation borne by the compulsory
motor vehicle insurance to be refused or limited in a disproportionate
manner on the basis of the passenger's contribution to the injury or
loss he has suffered. The fact that the passenger concerned is the
owner of the vehicle the driver of which caused the accident is irrele-
vant.

(1) OJ C 59 of 06.03.2004

(1) OJ C 213 of 06.09.2003

JUDGMENT OF THE COURT

(Third Chamber)

of 12 May 2005

JUDGMENT OF THE COURT

(First Chamber)

of 30 June 2005

in Case C-537/03: Reference for a preliminary ruling from
the Korkein Oikeus in Katja Candolin and Others. v Vahin-
kovakuutusosakeyhtiö Pohjola and Others (1)

(Compulsory motor vehicle insurance — Directives 84/5/EEC
and 90/232/EEC — Rules on civil liability — Passenger's
contribution to the loss or injury — Refusal or limitation of
the right to compensation)

(2005/C 205/05)

(Language of the case: Finnish)

In Case C-537/03: reference for a preliminary ruling under
Article 234 EC from the Korkein Oikeus (Finland), made by
decision of 19 December 2003, received at the Court on 22
December 2003, in the proceedings between Katja Candolin,

in Case C-542/03: Reference for a preliminary ruling from
the Bundesfinanzhof in Hauptzollamt Hamburg-Jonas v
Milupa GmbH & Co. KG (1)

(Agriculture — Export refunds — Agricultural products
which are processed and incorporated into goods not covered
by Annex II of the EC Treaty (now, after amendment, Annex
I EC) — Inaccurate declaration — Sanction)

(2005/C 205/06)

(Language of the case: German)

In Case C-542/03: reference for a preliminary ruling under
Article 234 EC from the Bundesfinanzhof (Germany), made by
decision of 18 November 2003, received at the Court on 23
December 2003,
in the proceedings between Hauptzollamt
Hamburg-Jonas and Milupa GmbH & Co. KG — the Court
(Third Chamber), composed of A. Rosas (Rapporteur), President
of the Chamber, A. La Pergola, J.-P. Puissochet, U. Lõhmus and
A. Ó Caoimh, Judges; P. Léger, Advocate General; R. Grass,
Registrar, gave a judgment on 12 May 2005, in which it ruled: