CELEX: C2004/007/40
Language: en
Date: 2004-01-10 00:00:00
Title: Case C-461/03: Reference for a preliminary ruling by the College van Beroep voor het bedrĳfsleven by order of that Court of 24 October 2003 in the case of Gaston Schul Douane-Expediteur B.V. against the Minister van Landbouw, Natuur en Voedselkwaliteit

C 7/24                 EN                         Official Journal of the European Union                                          10.1.2004
Action brought on 30 October 2003 by the Commission                       Industry) of 24 October 2003, received at the Court Registry
        of the European Communities against Ireland                       on 4 November 2003, for a preliminary ruling in the case of
                                                                          Gaston Schul Douane-Expediteur B.V. against the Minister van
                         (Case C-459/03)                                  Landbouw, Natuur en Voedselkwaliteit on the following
                                                                          questions:
                          (2004/C 7/39)
                                                                          1.    Is a court or tribunal as referred to in the third paragraph
                                                                                of Article 234 EC also required under that provision to
                                                                                submit to the Court of Justice a question such as that set
An action against Ireland was brought before the Court of                       out below, concerning the validity of provisions of a
Justice of the European Communities on 30 October 2003 by                       regulation where the Court of Justice has ruled that
the Commission of the European Communities, represented                         analogous provisions of another, comparable regulation
by P.J. Kuijper and B. Martenczuk, acting as agents, with an                    are invalid, or may it refrain from applying the first-
address for service in Luxembourg.                                              mentioned provisions in view of the clear analogies
                                                                                between them and the provisions declared invalid?
The Applicant claims that the Court should:
                                                                          2.    Are Article 4(1) and (2) of Commission Regulation (EC)
—     declare that, by instituting dispute settlement proceedings               No 1423/95 (1) of 23 June 1995 laying down detailed
      against the United Kingdom under the UN Convention                        implementing rules for the import of products in the
      for the Law of the Sea concerning the MOX Plant located                   sugar sector other than molasses invalid inasmuch as
      at Sellafield, Ireland has failed to fulfil its obligations               they provide that the additional duty referred to therein
      under Article 10 and 292 EC and Article 192 and 193                       is, as a general rule, established on the basis of the
      Euratom;                                                                  representative price referred to in Article 1(2) of Regu-
                                                                                lation (EC) No 1423/95 and that that duty is established
—     order Ireland to pay the costs.                                           on the basis of the cif import price of the shipment
                                                                                concerned only if the importer so requests?
Pleas in law and main arguments                                           (1) Commission Regulation (EC) No 1423/95 of 23 June 1995 laying
                                                                              down detailed implementing rules for the import of products in
The Commission submits that Ireland has instituted the                        the sugar sector other than molasses (OJ L 141 of 24.06.1995,
                                                                              p. 16).
proceedings against the United Kingdom without taking due
account of the fact that the European Community is a party to
the UN Convention for the Law of the Sea (UNCLOS). It has
further failed to appreciate that the provisions of UNCLOS
invoked by it, as well as a number of other Community acts
invoked by Ireland, are provisions of Community law. By
submitting the dispute to a Tribunal outside the Community
legal order, Ireland has violated the exclusive jurisdiction of
the Court of Justice enshrined in Articles 292 EC and 193                 Action brought on 4 November 2003 by Kingdom of
Euratom. Furthermore, Ireland has also violated the duty of               Spain against the Commission of the European Communi-
cooperation incumbent on it under Articles 10 EC and 192                                                  ties
Euratom.
                                                                                                   (Case C-464/03)
                                                                                                    (2004/C 7/41)
Reference for a preliminary ruling by the College van
Beroep voor het bedrijfsleven by order of that Court of
24 October 2003 in the case of Gaston Schul Douane-                       An action against the Commission of the European Communi-
Expediteur B.V. against the Minister van Landbouw,                        ties was brought before the Court of Justice of the European
                  Natuur en Voedselkwaliteit                              Communities on 4 November 2003 by the Kingdom of Spain,
                                                                          represented by Nuria Díaz Abad, Abogado del Estado, with an
                                                                          address for service in Luxembourg.
                         (Case C-461/03)
                          (2004/C 7/40)                                   The applicant claims that the Court should:
                                                                          —     annul Commission Regulation (EC) No 1438/2003 (1) of
Reference has been made to the Court of Justice of the                          12 August 2003 laying down implementing rules on the
European Communities by order of the College van Beroep                         Community Fleet Policy as defined in Chapter III of
voor het bedrijfsleven (Administrative Court for Trade and                      Council Regulation (EC) No 2371/2002; and