CELEX: C2003/101/10
Language: en
Date: 2003-04-26 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 6 March 2003 in Case C-14/01 (Reference for a preliminary ruling from the Verwaltungsgericht Hannover): Molkerei Wagenfeld Karl Niemann GmbH & Co. KG v Bezirksregierung Hannover (Common organisation of the markets — Milk and milk products — Scheme of aid for skimmed milk — Validity of Regulation (EC) No 2799/1999 — Powers of the Commission (Article 11(1) of Regulation (EC) No 1255/1999) — Prohibition of discrimination (Article 34(2) EC) — Principles of legal certainty and the protection of legitimate expectations)

C 101/6                 EN                           Official Journal of the European Union                                             26.4.2003
                 JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                         (Sixth Chamber)                                                             of 25 February 2003
                         of 6 March 2003
                                                                             in Case C-59/01: Commission of the European Communi-
                                                                                                   ties v Italian Republic ( 1)
in Case C-14/01 (Reference for a preliminary ruling from
the Verwaltungsgericht Hannover): Molkerei Wagenfeld
Karl Niemann GmbH & Co. KG v Bezirksregierung                                (Failure by a Member State to fulfil obligations — Directive
                            Hannover (1)                                     92/49/EEC — Freedom to set premiums and abolition of
                                                                             prior or systematic controls over premiums and contracts —
                                                                                                  Gathering of information)
(Common organisation of the markets — Milk and milk
products — Scheme of aid for skimmed milk — Validity of
Regulation (EC) No 2799/1999 — Powers of the Com-
mission (Article 11(1) of Regulation (EC) No 1255/1999)                                                 (2003/C 101/11)
— Prohibition of discrimination (Article 34(2) EC) —
Principles of legal certainty and the protection of legitimate
                            expectations)                                                         (Language of the case: Italian)
                          (2003/C 101/10)                                    (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                   (Language of the case: German)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                            In Case C-59/01, Commission of the European Communities
                                                                             (Agents: C. Tufvesson and A. Aresu) v Italian Republic (Agent:
                                                                             U. Leanza, assisted by G. de Bellis): Application for a declaration
                                                                             that, by introducing and maintaining in force rate-freezing
In Case C-14/01: Reference to the Court under Article 234                    rules applicable to all contracts of insurance in respect of third-
EC by the Verwaltungsgericht Hannover (Germany) for a                        party liability arising from the use of motor vehicles in relation
preliminary ruling in the proceedings pending before that                    to risks situated within Italian territory, without distinguishing
court between Molkerei Wagenfeld Karl Niemann GmbH &                         between insurance companies having their head office in Italy
Co. KG and Bezirksregierung Hannover, on the validity of                     and those carrying on business in Italy through branch offices
Commission Regulation (EC) No 2799/1999 of 17 December                       or under the freedom to provide services, in breach of:
1999 laying down detailed rules for applying Regulation (EC)
No 1255/1999 as regards the grant of aid for skimmed milk                    (a)   the principle of the freedom to set premiums and the
and skimmed-milk powder intended for animal feed and the                           abolition of prior or systematic controls over premiums
sale of such skimmed-milk powder (OJ 1999 L 340, p. 3), the                        and contracts, as dealt with in Articles 6, 29 and 39 of
Court (Sixth Chamber), composed of: R. Schintgen, President                        Council Directive 92/49/EEC of 18 June 1992 on the
of the Second Chamber, acting for the President of the Sixth                       coordination of laws, regulations and administrative
Chamber, V. Skouris (Rapporteur), F. Macken, N. Colneric and                       provisions relating to direct insurance other than life
J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General; M.-                      assurance and amending Directives 73/239/EEC and 88/
F. Contet, Principal Administrator, for the Registrar, has given                   357/EEC (third non-life insurance Directive) (OJ 1992
a judgment on 6 March 2003, in which it has ruled:                                 L 228, p. 1);
Examination of the question referred for a preliminary ruling has            (b)   the provisions of Article 44 of that directive, which
revealed no factor of such a kind as to affect the legality of                     concern arrangements for gathering information on the
Commission Regulation (EC) No 2799/1999 of 17 December                             amount of the premiums, claims and commission, the
1999 laying down detailed rules for applying Regulation (EC)                       frequency and average cost of claims, and the exchange
No 1255/1999 as regards the grant of aid for skimmed milk and                      of information between the regulatory authorities of the
skimmed-milk powder intended for animal feed and the sale of such                  home Member State and those of the host Member State,
skimmed-milk powder.
                                                                             the Italian Republic has failed to fulfil its obligations under
( 1) OJ C 79 of 10.3.2001.                                                   that directive, the Court, composed of: G.C. Rodríguez Iglesias,
                                                                             President, J.-P. Puissochet, M. Wathelet and C.W.A. Timmer-
                                                                             mans (Presidents of Chambers), D.A.O. Edward, P. Jann,
                                                                             F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues