CELEX: C2003/007/12
Language: en
Date: 2003-01-11 00:00:00
Title: Order of the Court (Third Chamber) of 5 November 2002 in Case C-321/01 P: Agrana Zucker und Stärke AG (Appeal — State aid — Act of Accession of the Republic of Austria — Joint Declaration No 31 annexed to the Final Act of the Treaty of Accession of the Republic of Austria)

11.1.2003               EN                       Official Journal of the European Communities                                          C 7/7
Tilmann Klett and Bundesministerin für Bildung, Wissenschaft                of the European Communities (Fifth Chamber, Extended
und Kultur — on the interpretation of Article 12 EC, Article 19             Composition) of 7 June 2001 in Case T-187/99 Agrana Zucker
EC, Article 19b of Council Directive 78/686/EEC of 25 July                  und Stärke v Commission [2001] ECR II-1587, seeking to
1978 concerning the mutual recognition of diplomas, certifi-                have that judgment set aside, the other party to the proceedings
cates and other evidence of the formal qualifications of                    being: Commission of the European Communities (Agents:
practitioners of dentistry, including measures to facilitate the            M. Erhart and D. Triantafyllou) — the Court (Third Chamber),
effective exercise of the right of establishment and freedom to             composed of J.-P. Puissochet, President of the Chamber,
provide services (OJ 1978 L 233, p. 1), as amended by the Act               F. Macken and J.N. Cunha Rodrigues (Rapporteur), Judges:
concerning the conditions of accession of the Republic of                   F.G. Jacobs, Advocate General; R. Grass, Registrar, has made
Austria, the Republic of Finland and the Kingdom of Sweden                  an order on 5 November 2002, the operative part of which is
and the adjustments to the Treaties on which the European                   as follows:
Union is founded (OJ 1994 C 241, p. 21 and OJ 1995 L 1,
p. 1), and Articles 3 and 9 of Council Directive 93/16/EEC of
5 April 1993 to facilitate the free movement of doctors and                 1.    The appeal is dismissed;
the mutual recognition of their diplomas, certificates and other
evidence of formal qualifications (OJ 1993 L 165, p. 1), as                 2.    Agrana Zucker and Stärke AG shall pay the costs.
amended by that act of accession — the Court (Fourth
Chamber), composed of C.W.A. Timmermanns (Rapporteur),
President of the Chamber, D.A.O. Edward and S. von Bahr,
Judges: A. Tizzano, Advocate General; R. Grass, Registrar, has              (1 ) OJ No C 303, 27.10.01.
made an order on 5 November 2002, the operative part of
which is as follows:
Article 19b of Council Directive 78/686/EEC of 25 July 1978
concerning the mutual recognition of diplomas, certificates and other
evidence of the formal qualifications of practitioners of dentistry,
including measures to facilitate the effective exercise of the right of
establishment and freedom to provide services, as amended by the Act
concerning the conditions of accession of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden and the adjustments           Reference for a preliminary ruling by the Bundessozial-
to the Treaties on which the European Union is founded, must be             gericht by order of that Court of 15 August 2002 in the
interpreted as meaning that a person whose qualification in general         case of Roberto Adanez-Vega against Bundesanstalt für
medical practice has not been awarded by an Austrian university                                            Arbeit
cannot be admitted to the specialist training in dentistry given in that
Member State.
                                                                                                     (Case C-372/02)
( 1) OJ No C 227, 11.8.01.
                                                                                                       (2003/C 7/13)
                    ORDER OF THE COURT
                                                                            Reference has been made to the Court of Justice of the
                         (Third Chamber)                                    European Communities by order of the Bundessozialgericht
                                                                            (Federal Social Court) of 15 August 2002, received at the
                       of 5 November 2002                                   Court Registry on 16 October 2002, for a preliminary ruling
                                                                            in the case of Roberto Adanez-Vega against Bundesanstalt für
    in Case C-321/01 P: Agrana Zucker und Stärke AG (1)                     Arbeit on the following questions:
(Appeal — State aid — Act of Accession of the Republic of                   1.    Is a person who claims benefits under German unemploy-
Austria — Joint Declaration No 31 annexed to the Final Act                        ment insurance more than two months after completing
     of the Treaty of Accession of the Republic of Austria)                       his compulsory national service in Spain subject to
                           (2003/C 7/12)
                                                                                  (a)   Spanish legislation under Article 13(2)(e) of Council
                   (Language of the case: German)                                       Regulation (EEC) No 1408/71 of 14 June 1971 (1)
                                                                                        on the application of social security schemes to
(Provisional translation; the definitive translation will be published                  employed persons, to self-employed persons and
                   in the European Court Reports)                                       to members of their families moving within the
                                                                                        Community, as amended and updated by Council
                                                                                        Regulation (EEC) No 2001/83 of 2 June 1983 (2),
In Case C-321/01 P: Agrana Zucker und Stärke AG, established                            as amended by Council Regulation (EEC) No 2195/
in Vienna (Austria) (Lawyers: W. Barfuß and H. Wollmann) —                              91 of 25 June 1991 (3) — hereinafter, ‘Regulation
Appeal against the judgment of the Court of First Instance                              1408/71’ — or