Judgment of the Court (Third Chamber) of 21 July 2005 in Case C-71/04: Reference for a preliminary ruling from the Tribunal Supremo in Administración del Estado v Xunta de Galicia (State aid — Article 93(3) of the EC Treaty (now Article 88(3) EC) — Scheme of aid to shipbuilding and ship conversion falling outside the scope of Directive 90/684/EEC — Failure to give prior notification — Article 92(1) of the EC Treaty (now Article 87(1) EC) — Concept of State aid — Effect on trade between Member States)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: aid for restructuring, economic support, financial aid, interpretation of the law, production aid, shipbuilding

C 217/16

EN

Official Journal of the European Union

3.9.2005

Istituto nazionale della previdenza sociale (INPS) — the Court
(First Chamber), composed of K. Lenaerts, President of the
Fourth Chamber, acting for the President of the First Chamber,
N. Colneric (Rapporteur), K. Schiemann, E. Juhász and M. Ilešič,
Judges; F.G.
Jacobs, Advocate General; L. Hewlett, Principal
Administrator, for the Registrar, gave a judgment on 21 July
2005, in which it ruled:

Article 46(2)(a) of Council Regulation (EEC) No 1408/71 of 14
June 1971 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families
moving within the Community, in its version amended and updated
by Council Regulation (EEC) No 2001/83 of 2 June 1983, as
amended by Council Regulation (EC) No 3096/95 of 22 December
1995, must be interpreted as meaning that, in order to determine the
theoretical amount of the pension on which the calculation of the pro
rata pension is based, the competent institution is not required to take
into consideration a supplement intended to bring the pension to the
minimum level under national legislation where, on account of the
fact that the income limits fixed by the national legislation on that
supplement are exceeded, an insured person who has worked exclu-
sively in the Member State concerned cannot lay claim to such a
supplement.

(1) OJ C 85 of 03.04.2004.

JUDGMENT OF THE COURT

(Third Chamber)

of 21 July 2005

in Case C-71/04: Reference for a preliminary ruling from
the Tribunal Supremo in Administración del Estado v
Xunta de Galicia (1)

(State aid — Article 93(3) of the EC Treaty (now Article
88(3) EC) — Scheme of aid to shipbuilding and ship conver-
sion falling outside the scope of Directive 90/684/EEC —
Failure to give prior notification — Article 92(1) of the EC
Treaty (now Article 87(1) EC) — Concept of State aid —
Effect on trade between Member States)

(2005/C 217/30)

(Language of the case: Spanish)

Estado and Xunta de Galicia — the Court (Third Chamber),
composed of A. Rosas, President of the Chamber, J. P. Puisso-
chet, S. von Bahr, U. Lõhmus and A. Ó Caoimh (Rapporteur),
Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave
a judgment on 21 July 2005, in which it ruled:

scope

fall within the

The Commission of the European Communities must be given prior
notification, pursuant to Article 93(3) of the EC Treaty (now Article
88(3) EC), of a scheme of aid to shipbuilding and ship conversion
such as that set up by Decree No 217/1994 of 23 June 1994,
which does not
of Council Directive
90/684/EEC of 21 December 1990 on aid to shipbuilding, if it is
established that the scheme is capable of itself of giving rise to the
grant of State aid within the meaning of Article 92(1) of the EC
Treaty (now, after amendment, Article 87(1) EC).
is for the
national court, in cases of infringement of Article 93(3) of the EC
in accordance with its
Treaty, to draw the necessary consequences,
national law, with regard to both the validity of the acts giving effect
to the aid and the recovery of financial support granted in disregard
of that provision.

It

(1) OJ C 94 of 17.04.2004.

JUDGMENT OF THE COURT

(First Chamber)

of 14 July 2005

in Case C-107/04: Reference for a preliminary ruling from
the Tribunal Supremo in Comité Andaluz de Agricultura
Ecológica v Administración General del Estado, Comité
Aragonés de Agricultura Ecológica (1)

(Community rules on organic production of agricultural
products and indications referring thereto on agricultural
products and foodstuffs — National legislation authorising
the use of the term ‘bio’ in respect of products which have
not been organically produced)

(2005/C 217/31)

(Language of the case: Spanish)

In Case C-71/04: REFERENCE for a preliminary ruling under
Article 234 EC from the Tribunal Supremo (Spain), made by
decision of 22 December 2003, received at the Court on 16
February 2004, in the proceedings between Administración del

In Case C-107/04: reference for a preliminary ruling under
Article 234 EC from the Tribunal Supremo (Spain), made by
decision of 1 December 2003, received at the Court on 1
March 2004, in the proceedings between Comité Andaluz de
Agricultura Ecológica and Administración General del Estado,
Comité Aragonés de Agricultura Ecológica — the Court (First