CELEX: C2004/085/13
Language: en
Date: 2004-04-03 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 5 February 2004 in Case C-265/02 (Reference for a preliminary ruling from the Corta suprema di cassazione): Frahuil SA v Assitalia SpA (Brussels Convention — Special jurisdiction — Article 5(1) — Meaning of "matters relating to a contract" — Contract of guarantee entered into without the knowledge of the principal debtor — Subrogation of the guarantor to the rights of the creditor — Right of recourse of the guarantor against the principal debtor)

3.4.2004                 EN                            Official Journal of the European Union                                                C 85/9
2.    Article 1(3) of Directive 89/665, as amended by Directive 92/            The first sentence of Article 7(1) and Article 7(1)(f) of Commission
      50, must be interpreted as precluding a person who has                   Regulation (EEC) No 536/93 of 9 March 1993 laying down
      participated in a contract award procedure from being regarded           detailed rules on the application of the additional levy on milk and
      as having lost his interest in obtaining the contract on the             milk products should be interpreted as meaning that the stock
      ground that, before seeking the review provided for by the               accounts which producers are required to keep need state only the
      Directive, he failed to refer the case to a conciliation committee       quantities, per month and per product, of milk and/or milk products
      such as Bundes-Vergabekontrollkommission (Federal Public                 sold.
      Procurement Review Commission, established by the Bundesge-
      setz über die Vergabe von Aufträgen (Bundesvergabegesetz)
      1997 (1997 Federal Law on Public Procurement).                           (1) OJ C 202 of 24.8.2002.
(1) OJ C 219 of 14.9.2002.
                                                                                                JUDGMENT OF THE COURT
                                                                                                         (Fifth Chamber)
                                                                                                       of 5 February 2004
                  JUDGMENT OF THE COURT
                                                                               in Case C-265/02 (Reference for a preliminary ruling from
                                                                               the Corta suprema di cassazione): Frahuil SA v Assitalia
                          (Sixth Chamber)
                                                                                                              SpA (1)
                        of 12 February 2004                                    (Brussels Convention — Special jurisdiction — Article 5(1)
                                                                               — Meaning of ‘matters relating to a contract’ — Contract
                                                                               of guarantee entered into without the knowledge of the
in Case C-236/02 (Reference for a preliminary ruling from                      principal debtor — Subrogation of the guarantor to the
the College van Beroep): J. Slob v Productschap Zuivel (1)                     rights of the creditor — Right of recourse of the guarantor
                                                                                                  against the principal debtor)
(Milk and milk products — Direct sales — Reference
quantity — Overruns — Additional levy on milk — Obli-                                                     (2004/C 85/13)
gation on producer to keep stock accounts — Contents —
Interpretation of Article 7(1)(f) of Regulation (EEC) No 536/                                      (Language of the case: Italian)
                                   93)
                                                                               (Provisional translation; the definitive translation will be published
                            (2004/C 85/12)                                                        in the European Court Reports)
                     (Language of the case: Dutch)                             In Case C-265/02: Reference to the Court under the Protocol
                                                                               of 3 June 1971 on the interpretation by the Court of Justice of
(Provisional translation; the definitive translation will be published         the Convention of 27 September 1968 on jurisdiction and the
                    in the European Court Reports)                             enforcement of judgments in civil and commercial matters by
                                                                               the Corte suprema di cassazione (Italy) for a preliminary ruling
                                                                               in the proceedings pending before that court between Frahuil
                                                                               SA and Assitalia SpA, on the interpretation of Article 5(1) of
                                                                               the abovementioned Convention of 27 September 1968 (OJ
In Case C-236/02: Reference to the Court under Article 234                     1978 L 304, p. 36), as amended by the Convention of
EC by the College van Beroep voor het bedrijfsleven (Nether-                   9 October 1978 on the accession of the Kingdom of Denmark,
lands) for a preliminary ruling in the proceedings pending                     Ireland and the United Kingdom of Great Britain and Northern
before that court between J. Slob and Productschap Zuivel, on                  Ireland (OJ 1978 L 304, p. 1 and — amended version —
the interpretation of Article 7(1)(f) of Commission Regulation                 p. 77), by the Convention of 25 October 1982 on the
(EEC) No 536/93 of 9 March 1993 laying down detailed rules                     accession of the Hellenic Republic (OJ 1982 L 388, p. 1) and
on the application of the additional levy on milk and milk                     by the Convention of 26 May 1989 on the accession of the
products (OJ 1993 L 57, p. 12), the Court (Sixth Chamber),                     Kingdom of Spain and the Portuguese Republic (OJ 1989
composed of: C. Gulmann, acting for the President of the Sixth                 L 285, p. 1), the Court (Fifth Chamber), composed of: P. Jann
Chamber, J.N. Cunha Rodrigues, J.-P. Puissochet, F. Macken                     (Rapporteur), acting for the President of the Fifth Chamber,
and N. Colneric (Rapporteur), Judges; F.G. Jacobs, Advocate                    C. W. A. Timmermans and S. von Bahr, Judges; P. Léger,
General; M.-F. Contet, Principal Administrator Registrar, has                  Advocate General; R. Grass, Registrar, has given a judgment
given a judgment on 12 February 2004, in which it has ruled:                   on 5 February 2004, in which it has ruled:
 ---pagebreak--- C 85/10                  EN                          Official Journal of the European Union                                               3.4.2004
Article 5(1) of the Convention of 27 September 1968 on jurisdiction          of initiating a procedure for that purpose without having
and the enforcement of judgments in civil and commercial matters,            shown that it is necessary and proportionate, the Italian
as amended by the Convention of 9 October 1978 on the accession              Republic has failed to fulfil its obligations under Articles 28
of the Kingdom of Denmark, Ireland and the United Kingdom of                 EC and 30 EC, the Court (Third Chamber), composed of:
Great Britain and Northern Ireland, by the Convention of 25 October          C. Gulmann, acting for the President of the Chamber, J.-
1982 on the accession of the Hellenic Republic and by the Convention         P. Puissochet and F. Macken (Rapporteur), Judges; J. Mischo,
of 26 May 1989 on the accession of the Kingdom of Spain and the              Advocate General; R. Grass, Registrar, has given a judgment
Portuguese Republic, must be interpreted as follows:                         on 5 February 2004, in which it:
                                                                             1.    Declares that, by maintaining in force legislation which subjects
‘matters relating to a contract’ do not cover the obligation which a
                                                                                   the marketing of food products for sportsmen and women
guarantor who paid customs duties under a guarantee obtained by
                                                                                   lawfully manufactured and marketed in other Member States to
the forwarding agent seeks to enforce in legal proceedings by way of
                                                                                   a requirement of applying for prior authorisation and of
subrogation to the rights of the customs authorities and by way of
                                                                                   initiating a procedure for that purpose without having shown
recourse against the owner of the goods, if the latter, who was not a
                                                                                   that it is necessary and proportionate, the Italian Republic has
party to the contract of guarantee, did not authorise the conclusion of
                                                                                   failed to fulfil its obligations under Articles 28 EC and 30 EC;
that contract.
                                                                             2.    Orders the Italian Republic to pay the costs.
(1) OJ C 233 of 28.9.2002.
                                                                             (1) OJ C 219 of 14.9.2002.
                  JUDGMENT OF THE COURT
                                                                                                JUDGMENT OF THE COURT
                          (Third Chamber)
                                                                                                         (Third Chamber)
                         of 5 February 2004
                                                                                                       of 12 February 2004
in Case C-270/02: Commission of the European Communi-
                      ties v Italian Republic (1)                            in Case C-406/02: Commission of the European Communi-
                                                                                                ties v Kingdom of Belgium (1)
(Measures having equivalent effect — Foodstuffs for sports-
men and women lawfully manufactured and marketed in                          (Failure of a Member State to fulfil its obligations — Failure
   other Member States — Prior marketing authorisation)                      to communicate reports required under Directives 76/464/
                                                                             EEC, 78/659/EEC and 80/68/EEC — Standardising and
                                                                             rationalising reports on the implementation of certain direc-
                            (2004/C 85/14)
                                                                                              tives relating to the environment)
                     (Language of the case: Italian)                                                      (2004/C 85/15)
(Provisional translation; the definitive translation will be published                             (Language of the case: French)
                    in the European Court Reports)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
In Case C-270/02, Commission of the European Communities
(Agents: C.-F. Durand and R. Amorosi) v Italian Republic
(Agent: I. M. Braguglia, assisted by G. Aiello, avvocato dello
Stato) with an address for service in Luxembourg: Application                In Case C-406/02, Commission of the European Communities
for a declaration that, by maintaining in force legislation which            (Agent: B. Stromsky) with an address for service in Luxem-
subjects the marketing of food products for sportsmen and                    bourg, v Kingdom of Belgium (Agent: E. Dominkovitz) with
women lawfully manufactured and marketed in other Member                     an address for service in Luxembourg: Application for a
States to a requirement of applying for prior authorisation and              declaration that, by failing to communicate to it, within the