CELEX: C2003/213/02
Language: en
Date: 2003-09-06 00:00:00
Title: Judgment of the Court of 10 July 2003 in Case C-15/00: Commission of the European Communities v European Investment Bank (European Investment Bank (EIB) — Decision of the Management Committee — Action for annulment — Jurisdiction of the Court — Article 237 EC — Protection of the Communities' financial interests — European Anti-Fraud Office (OLAF) — Regulations (EC) No 1073/1999 and (Euratom) No 1074/1999 — Applicability to EIB — Pleas of illegality — Independence of the EIB — Legal bases — Articles 280 EC and 203 EA — Proportionality — Statement of reasons)

6.9.2003                EN                           Official Journal of the European Union                                               C 213/1
                                                                          I
                                                                   (Information)
                                                      COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1.    Annuls Decision 1999/726/EC of the European Central Bank
                                                                                   of 7 October 1999 on fraud prevention (ECB/1999/5);
                           of 10 July 2003                                   2.    Orders the European Central Bank to pay the costs;
                                                                             3.    Orders the Kingdom of the Netherlands, the European Parlia-
in Case C-11/00: Commission of the European Communi-                               ment and the Council of the European Union to bear their own
             ties v European Investment Bank (1)
                                                                                   costs.
(European Central Bank (ECB) — Decision 1999/726/EC                          (1 ) OJ C 122 of 29.4.2000.
on fraud prevention — Protection of the Communities’
financial interests — European Anti-Fraud Office (OLAF)
— Regulation (EC) No 1073/1999 — Applicability to the
ECB — Plea of illegality — Admissibility — Independence
of the ECB — Article 108 EC — Legal basis —
Article 280 EC — Consultation of the ECB —
             Article 105(4) EC — Proportionality)                                             JUDGMENT OF THE COURT
                          (2003/C 213/01)                                                              of 10 July 2003
                                                                             in Case C-15/00: Commission of the European Communi-
                    (Language of the case: French)
                                                                                          ties v European Investment Bank ( 1)
(Provisional translation; the definitive translation will be published       (European Investment Bank (EIB) — Decision of the Man-
                   in the European Court Reports)                            agement Committee — Action for annulment — Jurisdiction
                                                                             of the Court — Article 237 EC — Protection of the
                                                                             Communities’ financial interests — European Anti-Fraud
                                                                             Office (OLAF) — Regulations (EC) No 1073/1999 and
                                                                             (Euratom) No 1074/1999 — Applicability to EIB — Pleas
In Case C-11/00, Commission of the European Communities
                                                                             of illegality — Independence of the EIB — Legal bases —
(Agents: C.W.A. Timmermans, H.P. Hartvig and U. Wölker,
                                                                             Articles 280 EC and 203 EA — Proportionality — Statement
and, subsequently, J.-L. Dewost, H.P. Hartvig and U. Wölker)                                              of reasons)
supported by Kingdom of the Netherlands (Agent: M.A. Fiers-
tra, and, subsequently, J. van Bakel) by European Parliament
(Agents: J. Schoo and H. Duintjer Tebbens) and by Council of                                           (2003/C 213/02)
the European Union (Agents: J. Aussant F. van Craeyenest and
F. Anton) v European Investment Bank (Agents: A. Sáinz de                                        (Language of the case: French)
Vicuña and C. Zilioli, assisted by A. Dashwood, barrister):
Application for annulment of Decision 1999/726/EC of the                     (Provisional translation; the definitive translation will be published
European Central Bank of 7 October 1999 on fraud prevention                                     in the European Court Reports)
(ECB/1999/5) (OJ 1999 L 291, p. 36), 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 (Rapporteur),                       In Case C-15/00, Commission of the European Communities
P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr and                 (Agents: C.W.A. Timmermans, H.P. Hartvig and C. Gómez de
A. Rosas, Judges; F.G. Jacobs, Advocate General; R. Grass,                   la Cruz, and, subsequently, J.-L. Dewost, H.P. Hartvig and
Registrar, has given a judgment on 10 July 2003, in which it:                C. Gómez de la Cruz) supported by Kingdom of the Nether-
 ---pagebreak--- C 213/2                EN                          Official Journal of the European Union                                               6.9.2003
lands (Agent: M.A. Fierstra, and, subsequently, J. van Bakel)              Bench Division (Commercial Court) (United Kingdom), for a
European Parliament (Agents: J. Schoo and H. Duintjer Teb-                 preliminary ruling in the proceedings pending before that
bens) and by Council of the European Union (Agents: J. Aus-                court between Joseph Lennox, trading as ‘R. Lennox & Son’,
sant F. van Craeyenest and F. Anton) v European Investment                 and Industria Lavorazione Carni Ovine, on the interpretation
Bank (Agents: A. Morbilli, and, subsequently, E. Uhlmann,                  of Article 9 of Council Directive 91/68/EEC of 28 January
assisted by A. Barav): Application for annulment of the                    1991 on animal health conditions governing intra-Community
Decision of the Management Committee of the European                       trade in ovine and caprine animals (OJ 1991 L 46, p. 19) and
Investment Bank of 10 November 1999 concerning cooper-                     of various other Community provisions, the Court (Fifth
ation with the European Anti-Fraud Office (OLAF), the Court,               Chamber), composed of: D.A.O. Edward, acting for the
composed of: G.C. Rodríguez Iglesias, President, J.-P. Puisso-             President of the Fifth Chamber, A. La Pergola, P. Jann, S. von
chet, M. Wathelet and R. Schintgen (Presidents of Chambers),               Bahr and A. Rosas (Rapporteur), Judges; S. Alber, Advocate
C. Gulmann, D.A.O. Edward, A. La Pergola (Rapporteur),                     General; M.-F. Contet, Principal Administrator, for the Regis-
P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr and               trar, has given a judgment on 3 July 2003, in which it has
A. Rosas, Judges; F.G. Jacobs, Advocate General; R. Grass,                 ruled:
Registrar, has given a judgment on 10 July 2003, in which it:
1.    Annuls the Decision of the Management Committee of the
      European Investment Bank of 10 November 1999 concerning
      cooperation with the European Anti-Fraud Office (OLAF);
                                                                           1.    A Member State cannot prevent the importation of sheep
2.    Orders the European Investment Bank to pay the costs;                      intended for slaughter when they arrive on its territory solely on
                                                                                 the ground that they are accompanied by a Model II health
3.    Orders the Kingdom of the Netherlands, the European Parlia-                certificate established by Annex E to Council Directive 91/68/
      ment and the Council of the European Union to bear their own               EEC of 28 January 1991 on animal health conditions
      costs.                                                                     governing intra-Community trade in ovine and caprine animals,
                                                                                 which is provided for trade between Member States in ovine
                                                                                 and caprine animals intended for fattening.
( 1) OJ C 122 of 29.4.2000.
                                                                           2.    At the time of the facts in the main proceedings, Community
                                                                                 law, and more particularly Directive 91/68 and Article 10 of
                                                                                 Council Directive 90/425/EEC of 26 June 1990 concerning
                                                                                 veterinary and zootechnical checks applicable in intra-Com-
                 JUDGMENT OF THE COURT                                           munity trade in certain live animals and products with a view
                                                                                 to the completion of the internal market, did not preclude a
                         (Fifth Chamber)                                         Member State from imposing a requirement under national
                                                                                 law such as Italian Order No 600.3/VET/340/2/8920 of
                                                                                 24 December 1996, as clarified by Explanatory Memorandum
                          of 3 July 2003                                         No 600.3/340/2/73 of 3 January 1997, that, when bovine
                                                                                 and ovine animals originating in France, Ireland, Portugal or
in Case C-220/01 (Reference for a preliminary ruling from                        the United Kingdom were imported for slaughter, breeding or
the High Court of Justice (England & Wales) Queen’s                              fattening, the health certificate accompanying those animals
Bench Division Commercial Court): Joseph Lennox, trad-                           state that they had been born and raised on a farm in which no
ing as ‘R. Lennox & Son’, v Industria Lavorazione Carni                          case of Transmissible Spongiform Encephalopathy had been
                             Ovine ( 1)                                          registered during the previous six years.
(Agriculture — Animal health — Importation of ovine
animals — Health certificate — National safeguard
measures against Transmissible Spongiform Encephalopa-
                                thy)
                                                                           (1 ) OJ C 200 of 14.7.2001.
                         (2003/C 213/03)
                   (Language of the case: English)
In Case C-220/01: Reference to the Court under Article 234 EC
by the High Court of Justice of England and Wales, Queen’s