CELEX: C2002/084/08
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Fifth Chamber) 8 January 2002 in Case C-248/99 P: French Republic v Monsanto Company (Appeal — Regulation (EEC) No 2377/90 — Application to include a recombinant bovine somatotrophin (BST) in the list of substances not subject to a maximum residue limit — Prohibition on placing that substance on the market — Rejection of the application for inclusion)

6.4.2002                 EN                       Official Journal of the European Communities                                               C 84/5
1.    Articles 5 and 85 of the EC Treaty (now Articles 10 EC and             1.    Sets aside the judgment of the Court of First Instance of the
      81 EC) do not preclude national legislation which, in the                    European Communities of 22 April 1999 in Case T-112/97
      context of a summary procedure for the recovery of debts relating            Monsanto v Commission;
      to the fees of an architect, a member of a professional
      association, requires the court seised of the dispute to follow the    2.    Dismisses the application for annulment of Decision C(97)
      opinion of that association in relation to the settlement of those           148 final of the Commission of 14 January 1997 concerning
      fees in so far as that opinion ceases to be binding where the                the definition of a position, in accordance with Article 175 of
      debtor initiates proceedings inter partes.                                   the EC Treaty, on the inclusion of bovine somatotrophin in
                                                                                   Annex II to Regulation No 2377/90;
2.    Articles 5 and 85 of the Treaty do not preclude national
      legislation which provides that the members of a profession may        3.    Orders Monsanto Company to bear its own costs and to
      set at their discretion the fees for certain services which they             pay the costs incurred by the Commission of the European
      perform.                                                                     Communities both before the Court of First Instance and the
                                                                                   Court of Justice;
(1) OJ C 246 of 28.8.1999.                                                   4.    Orders the French Republic to bear its own costs incurred both
                                                                                   before the Court of First Instance and the Court of Justice.
                                                                             (1) OJ C 265 of 18.9.1999.
                  JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                     JUDGMENT OF THE COURT
                           8 January 2002                                                              5 February 2002
                                                                             in Case C-255/99 (Reference for a preliminary ruling from
in Case C-248/99 P: French Republic v Monsanto Com-                                   the Oberster Gerichtshof): Anna Humer (1)
                                pany (1)
                                                                             (Regulation (EEC) No 1408/71 — Definition of ‘family
(Appeal — Regulation (EEC) No 2377/90 — Application to                       benefits’ — Payment of advances on maintenance payments
include a recombinant bovine somatotrophin (BST) in the                      — Condition that the minor child must be resident within
list of substances not subject to a maximum residue limit —                     the national territory — Entitlement to benefits abroad)
Prohibition on placing that substance on the market —
            Rejection of the application for inclusion)                                                 (2002/C 84/09)
                            (2002/C 84/08)                                                       (Language of the case: German)
                    (Language of the case: English)                          (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             In Case C-255/99: Reference to the Court under Article 234 EC
                                                                             by the Oberster Gerichtshof (Austria) for a preliminary ruling
                                                                             in the proceedings pending before that court concerning the
In Case C-248/99 P, French Republic (agents: initially                       minor Anna Humer, on the interpretation of Articles 3, 4(1)(h),
R. Abraham and J.-F. Dobelle and K. Rispal-Bellanger and                     73 and 74 of Council Regulation (EEC) No 1408/71 of
C. Vasak, and, subsequently, G. de Bergues): Appeal against                  14 June 1971 on the application of social security schemes to
the judgment of the Court of First Instance of the European                  employed persons, to self-employed persons and to members
Communities (Second Chamber) of 22 April 1999 in                             of their families moving within the Community, as amended
Case T-112/97 Monsanto v Commission [1999] ECR II-1277,                      and updated by Council Regulation (EC) No 118/97 of
seeking to have that judgment set aside, the other parties to                2 December 1996 (OJ 1997 L 28, p. 1), and of Articles 3(1)
the proceedings being: Monsanto Company, registered in                       and 7(2) of Regulation (EEC) No 1612/68 of the Council of
accordance with the laws of the State of Delaware (United                    15 October 1968 on freedom of movement for workers
States of America), (agents: C. Stanbrook, QC, and D. Holland,               within the Community (OJ, English Special Edition 1968 (II),
barrister), and Commission of the European Communities                       p. 475), the Court, composed of: P. Jann, President of the First
(agents: J.-L. Dewost, R. Wainwright and T. Christoforou) the                and Fifth Chambers, acting for the President, F. Macken
Court (Fifth Chamber), composed of: P. Jann, President of the                and N. Colneric (Presidents of Chambers), C. Gulmann,
Chamber, A. La Pergola, L. Sevón (Rapporteur), M. Wathelet                  D.A.O. Edward (Rapporteur), A. La Pergola, M. Wathelet,
and C.W.A. Timmermans, Judges, Advocate General: S. Alber,                   R. Schintgen and V. Skouris, Judges, Advocate General:
Registrar: L. Hewlett, Administrator, has given a judgment on                S. Alber, Registrar: H.A. Rühl, Principal Administrator, has
8 January 2002, in which it:                                                 given a judgment on 5 February 2002, in which it has ruled: