CELEX: C2003/200/08
Language: en
Date: 2003-08-23 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 12 June 2003 in Case C-148/01: Hellenic Republic v Commission of the European Communities (EAGGF — Clearing of accounts — Additional levy on milk — Late payment interest — Application for partial annulment of Decision 2001/137/EC)

23.8.2003                EN                           Official Journal of the European Union                                                 C 200/5
2.    Annuls the decision of the Commission of the European                         1996 marketing campaign, calculated on the period February
      Communities contained in its letter to the Council of European                1997 to December 2000;
      Municipalities and Regions (CEMR) of 15 February 1999,
      effecting set-off of their mutual claims;                               2.    Ordered the Hellenic Republic and the Commission of the
                                                                                    European Communities to bear their own costs;
3.    Orders the Commission to bear its own costs and to pay those
      incurred by the Council of European Municipalities and Regions          3.    Ordered the Federal Republic of Germany and the Kingdom of
      (CEMR) both at first instance and in connection with the                      Spain to bear their own costs.
      appeal.
                                                                              (1) OJ C 173 of 16.6.2001.
(1) OJ C 150 of 19.5.2001.
                                                                                                JUDGMENT OF THE COURT
                   JUDGMENT OF THE COURT
                                                                                                         (Fifth Chamber)
                            (Sixth Chamber)
                                                                                                          of 3 July 2003
                            of 12 June 2003
                                                                              in Case C-156/01 (Reference for a preliminary ruling from
in Case C-148/01: Hellenic Republic v Commission of the                       the Centrale Raad van Beroep (Netherlands): R.P. van der
                      European Communities (1)                                Duin v Onderlinge Waarborgmaatschappij ANOZ Zorgver-
                                                                              zekeringen UA, and between Onderlinge Waarborg-
                                                                              maatschappij ANOZ Zorgverzekeringen UA and T.W. van
(EAGGF — Clearing of accounts — Additional levy on milk                                           Wegberg-van Brederode (1)
— Late payment interest — Application for partial annul-
                  ment of Decision 2001/137/EC)
                                                                              (Social security — Pensioners and members of their family
                                                                              residing in a Member State other than the State liable for
                            (2003/C 200/08)                                   payment of the pension — Medical costs incurred in the
                                                                              Member State liable for payment of the pension — Condi-
                      (Language of the case: Greek)                           tions for assumption of responsibility — Competent Member
                                                                              State and competent institution — Articles 21, 22, 28 and
                                                                                            31 of Regulation (EEC) No 1408/71)
(Provisional translation; the definitive translation will be published in
                       the European Court Reports)
                                                                                                         (2003/C 200/09)
                                                                                                   (Language of the case: Dutch)
In Case C-148/01: Hellenic Republic (Agent: V. Kontolaimos
and C. Tsiavou) supported by Federal Republic of Germany
(Agents: W.-D. Plessing and M. Lumma) and Kingdom of Spain                    (Provisional translation; the definitive translation will be published in
(Agent: M. López-Monís Gallego, subsequently S. Ortiz                                               the European Court Reports)
Vaamonde) against Commission of the European Communities
(Agent: M. Condou-Durande — application for partial annul-
ment of Commission Decision 2001/137/EC of 5 February
                                                                              In Case C-156/01: Reference to the Court under Article 234
2001 excluding from Community financing certain expenditure
                                                                              EC by the Centrale Raad van Beroep (Netherlands) for a
incurred by the Member States under the Guarantee Section of
                                                                              preliminary ruling in the proceedings pending before that
the European Agricultural Guidance and Guarantee Fund
                                                                              court between R.P. van der Duin and Onderlinge Waarborg-
(EAGGF) (OJ 2001 L 50, p. 9) — the Court (Sixth Chamber),
                                                                              maatschappij ANOZ Zorgverzekeringen UA, and between
composed of J.-P. Puissochet, President of the Chamber,
                                                                              Onderlinge Waarborgmaatschappij ANOZ Zorgverzekeringen
R. Schintgen and V. Skouris, F. Macken and J. N. Cunha
                                                                              UA and T. W. van Wegberg-van Brederode on the interpreta-
Rodrigues (Rapporteur), Judges; L. A. Geelhoed, Advocate
                                                                              tion of Articles 21, 22(1)(c), 28 and 31 of Council Regulation
General; R. Grass, Registrar, gave a judgment on 12 June
                                                                              (EEC) No 1408/71 of 14 June 1971 on the application of
2003, in which it:
                                                                              social security schemes to employed persons and their families
                                                                              moving within the Community, as amended and updated by
1.    Annulled Commission Decision 2001/137/EC of 5 February                  Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ
      2001 excluding from Community financing certain expenditure             1983 L 230, p. 6), the Court (Fifth Chamber), composed of:
      incurred by the Member States under the Guarantee Section of            M. Wathelet, President of the Chamber, C. W. A. Timmermans,
      the European Agricultural Guidance and Guarantee Fund                   A. La Pergola (Rapporteur), P. Jann and S. von Bahr, Judges;
      (EAGGF) in so far as it imposed on the Hellenic Republic a              D. Ruiz-Jarabo Colomer, Advocate General; M.-F. Contet, Prin-
      financial adjustment by way of late payment interest accruing           cipal Administrator for the Registrar, has given a judgment on
      on the late payment of the additional levy due for the 1995/            3 July 2003, in which it has ruled: