Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-41/03 P: Rica Foods (Free Zone) NV v Commission of the European Communities, Kingdom of the Netherlands, Kingdom of Spain, French Republic (Appeal — Arrangements for association of the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 465/2000 — Safeguard measures — Article 109 of the OCT Decision — Commission's power of assessment — Principle of proportionality — Reasons)
Date: 2005-09-17
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), action for annulment (EU), import, overseas countries and territories, production quota, protective clause, sugar product

17.9.2005

EN

Official Journal of the European Union

C 229/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 14 July 2005

in Case C-40/03 P: Rica Foods (Free Zone) NV v Commis-
sion of the European Communities, Kingdom of the Neth-
erlands, Kingdom of Spain (1)

(Appeal — Arrangements for association of the overseas
countries and territories — Imports of sugar and mixtures of
sugar and cocoa — Regulation (EC) No 2081/2000 — Safe-
guard measures — Article 109 of the OCT Decision —
Commission's power of assessment — Principle of propor-
tionality — Reasons)

(2005/C 229/01)

(Language of the case: Dutch)

In Case C-40/03 P: appeal under Article 49 of the EC Statute of
the Court of Justice,
lodged on 29 January 2003 — Rica
Foods (Free Zone) NV, established in Oranjestad (Aruba),
(lawyer: G. van der Wal), the other parties to the proceedings
being: Commission of the European Communities (Agent:
T. van Rijn), Kingdom of the Netherlands (Agent: H. Seven-
ster), Kingdom of Spain (Agents: N. Díaz Abad and D. Miguel
Muñoz Pérez) — the Court (Second Chamber), composed of C.
W. A. Timmermans, President of the Chamber, R. Silva de
Lapuerta, R. Schintgen (rapporteur), G. Arestis and J. Klučka,
Judges; P. Léger, Advocate General; M. Ferreira, Principal
Administrator, for the Registrar, gave a judgment on 14 July
2005, in which it:

1) Dismisses the appeal;

2) Orders Rica Foods (Free Zone) NV to pay the costs;

3) Orders the Kingdom of the Netherlands and the Kingdom of

Spain to bear their own costs.

(1) OJ C 146 of 21.06.2003.

(Second Chamber)

of 14 July 2005

in Case C-41/03 P: Rica Foods (Free Zone) NV v Commis-
sion of the European Communities, Kingdom of the Neth-
erlands, Kingdom of Spain, French Republic (1)

(Appeal — Arrangements for association of the overseas
countries and territories — Imports of sugar and mixtures of
sugar and cocoa — Regulation (EC) No 465/2000 — Safe-
guard measures — Article 109 of the OCT Decision —
Commission's power of assessment — Principle of propor-
tionality — Reasons)

(2005/C 229/02)

(Language of the case: Dutch)

In Case C-41/03 P: Rica Foods (Free Zone) NV, established in
Oranjestad (Aruba) (Lawyer: G. van der Wal), the other parties
to the proceedings being: Commission of
the European
Communities (Agent: T. van Rijn), Kingdom of the Netherlands
(Agent H. Sevenster), Kingdom of Spain (Agents: N. Díaz Abad
and D. Miguel Muñoz Pérez), French Republic (Agents: G. de
Bergues and L. Bernheim) — appeal under Article 49 of the
Statute of the Court of Justice, brought on 29 January 2003 —
the Court (Second Chamber), composed of C.W.A. Timmer-
the Chamber, R. Silva de Lapuerta, R.
mans, President of
Schintgen (Rapporteur), G. Arestis and J. Klučka,
Judges; P.
Léger, Advocate General; M. Ferreira, Principal Administrator,
for the Registrar, gave a judgment on 14 July 2005, in which
it:

1. Dismisses the appeal;

C 229/2

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Official Journal of the European Union

17.9.2005

2. Orders Rica Foods (Free Zone) NV to pay the costs;

designated as being directly entitled to the family allowances by the
legislation of that State.

3. Orders the Kingdom of the Netherlands, the Kingdom of Spain

and the French Republic to bear their own costs.

(1) OJ C 146 of 21.6.2003

(1) OJ C 83 of 05.04.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 7 July 2005

(Reference for a preliminary ruling,
in Case C-153/03:
Cour de cassation) Caisse nationale des prestations famil-
iales v Ursula Schwarz, née Weide (1)

(Family benefits — Child-raising allowance — Suspension of
entitlement to the benefits in the State of employment —
Entitlement to similar benefits in the State of residence)

(2005/C 229/03)

(Language of the case: French)

In Case C-153/03, reference for a preliminary ruling under
Article 234 EC by the Cour de cassation (Luxembourg), made
by decision of 6 March 2003, received at the Court on 3 April
2003, in the proceedings Caisse nationale des prestations famil-
iales and Ursula Schwarz, née Weide,
(First
Chamber), composed of P.
Jann, President of the Chamber,
N. Colneric, J.N. Cunha Rodrigues (Rapporteur), M. Ilešič and E.
Levits, Judges; J. Kokott, Advocate General; M. Múgica Arza-
mendi, Principal Administrator, for the Registrar, gave a judg-
ment on 7 July 2005, in which it ruled:

the Court

Article 10(1)(b)(i) of Council Regulation (EEC) No 574/72 of 21
March 1972 laying down the procedure for implementing Regulation
(EEC) No 1408/71 on the application of social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community, as amended and updated by
Council Regulation (EC) No 118/97 of 2 December 1996, must be
interpreted as meaning that the exercise by the spouse of the person
entitled to a family benefit in pursuance of Article 73 of Council
Regulation (EEC) No 1408/71 of 14 June 1971, as amended and
updated by Regulation No 118/97, of a professional or trade activity
in the Member State of residence of the children suspends entitlement
to allowances in pursuance of Article 73 of Regulation No 1408/71
up to the amount of the child-raising allowances provided for by the
irrespective of who is
legislation of the Member State of residence,

JUDGMENT OF THE COURT

(Third Chamber)

of 7 July 2005

in Case C-227/03: Reference for a preliminary ruling from
the Rechtbank te Amsterdam in A.J. van Pommeren-Bour-
gondiën v Raad van bestuur van de Sociale verzekerings-
bank (1)

(Social security — Regulation (EEC) No 1408/71 — Scope
— Invalidity benefit — Continued entitlement to benefits
after transfer of residence to another Member State)

(2005/C 229/04)

(Language of the case: Dutch)

In Case C-227/03: reference for a preliminary ruling under
Article 234 EC from the Rechtbank te Amsterdam (Nether-
lands), made by decision of 21 May 2003, received at the
Court on 26 May 2003, in the proceedings between A.J. van
Pommeren-Bourgondiën and Raad van bestuur van de Sociale
verzekeringsbank — the Court (Third Chamber), composed of
Puissochet
A. Rosas,
(Rapporteur), S. von Bahr, U. Lõhmus and A. Ó Caoimh,
Judges; F.G. Jacobs, Advocate General; H. von Holstein, Deputy
Registrar, for the Registrar, gave a judgment on 7 July 2005,
the operative part of which is as follows:

the Chamber,

President

J.P.

of

Article 39 EC precludes legislation of a Member State pursuant to
which a person who has ceased all occupational activity in its territory
remains compulsorily insured in respect of some branches of social
security only if he continues to reside there, whilst that person remains
compulsorily insured under the legislation of that Member State in
respect of certain other branches of social security even if his residence
is in another Member State, in circumstances where the conditions
relating to voluntary insurance, in respect of the branches for which
compulsory insurance has ceased, are less favourable than those
relating to compulsory insurance.

(1) OJ C 171 of 19.7.2003.