CELEX: C2003/264/06
Language: en
Date: 2003-11-01 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 September 2003 in Case C-416/00 (Reference for a preliminary ruling from the Tribunale Civile di Padova): Tommaso Morellato v Comune di Padova (Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC — Selling arrangements — National legislation requiring prior packaging and specific labelling for the marketing of deep-frozen bread lawfully produced in a Member State and placed on the market in another Member State after further baking)

C 264/4                 EN                         Official Journal of the European Union                                             1.11.2003
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                          (Fifth Chamber)                                                           (Fifth Chamber)
                      of 18 September 2003                                                       of 18 September 2003
in Case C-346/00: United Kingdom of Great Britain                          in Case C-416/00 (Reference for a preliminary ruling from
and Northern Ireland v Commission of the European                          the Tribunale Civile di Padova): Tommaso Morellato v
                          Communities (1)                                                        Comune di Padova (1)
(EAGGF — Clearance of accounts — Financial years                           (Articles 30 and 36 of the EC Treaty (now, after amendment,
                1996 and 1997 — Arable crops)                              Articles 28 EC and 30 EC — Selling arrangements —
                                                                           National legislation requiring prior packaging and specific
                                                                           labelling for the marketing of deep-frozen bread lawfully
                                                                           produced in a Member State and placed on the market in
                          (2003/C 264/05)                                           another Member State after further baking)
                   (Language of the case: English)                                                  (2003/C 264/06)
                                                                                               (Language of the case: Italian)
In Case C-346/00, United Kingdom of Great Britain and
Northern Ireland (Agent: R. Magrill, assisted by P. Roth, QC) v            (Provisional translation; the definitive translation will be published
Commission of the European Communities (Agents: M. Niejahr                                    in the European Court Reports)
and K. Fitch): Application for partial annulment of Commission
Decision 2000/449/EC of 5 July 2000 excluding from Com-
munity financing certain expenditure incurred by the Member
States under the Guarantee Section of the European Agricul-
tural Guidance and Guarantee Fund (EAGGF) (OJ 2000 L 180,
p. 49), in so far as it excluded from Community financing, for             In Case C-416/00: Reference to the Court under Article 234
the financial years 1996 and 1997, expenditure of EUR                      EC by the Tribunale Civile di Padova (Italy) for a preliminary
5 039 175.46 incurred by the United Kingdom in the                         ruling in the proceedings pending before that court between
arable crops sector, the Court (Fifth Chamber), composed of:               Tommaso Morellato and Comune di Padova, on the interpret-
D.A.O. Edward, acting for the President of the Fifth Chamber,              ation of Articles 30 and 36 of the EC Treaty (now, after
A. La Pergola, P. Jann, S. von Bahr (Rapporteur) and A. Rosas,             amendment, Articles 28 and 30 EC), the Court (Fifth Chamber),
Judges; A. Tizzano, Advocate General; L. Hewlett, Principal                composed of: C.W.A. Timmermans, President of the Fourth
Administrator, for the Registrar, has given a judgment on                  Chamber, acting for the President of the Fifth Chamber,
18 September 2003, in which it:                                            D.A.O. Edward (Rapporteur), A. La Pergola, P. Jann and S. von
                                                                           Bahr, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
                                                                           R. Grass, Registrar, has given a judgment on 18 September
1.    Dismisses the application;                                           2003, in which it has ruled:
2.    Orders the United Kingdom of Great Britain and Northern              1.   The requirement for prior packaging imposed by the law of a
      Ireland to pay the costs.                                                 Member State on the sale of bread obtained by completing, in
                                                                                that Member State, the baking of partly baked bread, whether
                                                                                deep-frozen or not, that has been imported from another
                                                                                Member State does not constitute a quantitative restriction or a
(1) OJ C 335 of 25.11.2000.                                                     measure having equivalent effect within the meaning of
                                                                                Article 30 of the EC Treaty (now, after amendment, Article 28
                                                                                EC), provided that it applies without distinction to both national
                                                                                and imported products and that it does not in reality constitute
                                                                                discrimination against imported products.
 ---pagebreak--- 1.11.2003               EN                           Official Journal of the European Union                                                 C 264/5
      If the national court, in examining these measures, finds that         1.   Annuls Article 2(1) of Council Regulation (EC) No 2012/
      that requirement results in an obstacle to imports, then it                 2000 of 21 September 2000 amending Annex 4 to Protocol
      cannot be justified by reasons relating to the protection of the            No 9 to the 1994 Act of Accession and Regulation (EC)
      health and life of humans within the meaning of Article 36 of               No 3298/94 with regard to the system of ecopoints for heavy
      the EC Treaty (now, after amendment, Article 30 EC).                        goods vehicles transiting through Austria;
2.    National courts have an obligation to ensure the full effect of        2.   Annuls Article 1 and Article 2(4) of that regulation but
      Article 30 of the Treaty by disapplying on their own initiative             declares that their effects are to be regarded as definitive;
      domestic provisions which do not comply with that article.
                                                                             3.   Dismisses the remainder of the action;
(1) OJ C 28 of 27.1.2001.
                                                                             4.   Orders each party to bear its own costs, including those of the
                                                                                  interlocutory proceedings and of the procedure relating to the
                                                                                  withdrawal of a document from the case-file;
                                                                             5.   Orders the Federal Republic of Germany, the Italian Republic
                                                                                  and the Commission of the European Communities to bear
                                                                                  their own costs.
                 JUDGMENT OF THE COURT
                                                                             (1) OJ C 45 of 10.2.2001.
                      of 11 September 2003
in Case C-445/00: Republic of Austria v Council of the
                        European Union (1)
(System of ecopoints for heavy goods vehicles transiting
through Austria — Amendment by Regulation (EC)                                                JUDGMENT OF THE COURT
                   No 2012/2000 — Illegality)
                                                                                                       (Third Chamber)
                          (2003/C 264/07)
                   (Language of the case: German)                                                   of 11 September 2003
(Provisional translation; the definitive translation will be published       in Case C-6/01 (Reference for a preliminary ruling from
                   in the European Court Reports)                            the Tribunal Cível da Comarca de Lisboa): Associação
                                                                             Nacional de Operadores de Máquinas Recreativas (Ano-
                                                                                        mar) and Others v Estado português (1)
In Case C-445/00, Republic of Austria (Agent: H. Dossi) v                    (Freedom to provide services — Operation of games of
Council of the European Union (Agents: A. Lopes Sabino and                             chance or gambling — Gaming machines)
G. Houttuin) supported by Federal Republic of Germany
(Agents: W.-D. Plessing, assisted by J. Sedemund), by Italian
Republic (Agent: U. Leanza, assisted by M. Fiorilli) and by                                             (2003/C 264/08)
Commission of the European Communities (Agents: initially
by C. Schmidt and M. Wolfcarius, and, subsequently,
C. Schmidt and W. Wils): Application for annulment of                                          (Language of the case: Portuguese)
Council Regulation (EC) No 2012/2000 of 21 September
2000 amending Annex 4 to Protocol No 9 to the 1994 Act of
                                                                             (Provisional translation; the definitive translation will be published
Accession and Regulation (EC) No 3298/94 with regard to the                                      in the European Court Reports)
system of ecopoints for heavy goods vehicles transiting
through Austria (OJ 2000 L 241, p. 18), the Court, composed
of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet,
M. Wathelet and R. Schintgen (Presidents of Chambers),
C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris,               In Case C-6/01: Reference to the Court under Article 234 EC
F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues                 by the Tribunal Cível da Comarca de Lisboa (Portugal) for a
(Rapporteur), Judges; J. Mischo, Advocate General; M.-F. Con-                preliminary ruling in the proceedings pending before that court
tet, Administrator, for the Registrar, has given a judgment on               between Associação Nacional de Operadores de Máquinas
11 September 2003, in which it:                                              Recreativas (Anomar) and Others and Estado português, on