CELEX: C2003/264/16
Language: en
Date: 2003-11-01 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 11 September 2003 in Case C-211/01: Commission of the European Communities v Council of the European Union (EC/Bulgaria and EC/Hungary Agreements — Carriage of goods by road and combined transport — Taxation — Legal basis — Articles 71 EC and 93 EC)

C 264/10                  EN                           Official Journal of the European Union                                              1.11.2003
and J.N. Cunha Rodrigues, Judges; F.G. Jacobs, Advocate                        lishing certain conditions for the carriage of goods by road
General; M.-F. Contet, Principal Administrator, for the Regis-                 and the promotion of combined transport (OJ 2001 L 108,
trar, has given a judgment on 11 September 2003, in which it                   p. 27), but only in so far as they are based on Article 93 EC
has ruled:                                                                     and without altering their effects, which should be maintained,
                                                                               the Court (Fifth Chamber), composed of: M. Wathelet (Rappor-
Articles 81, 82 and 85 EC and Council Directive 92/12/EEC of                   teur), President of the Chamber, C.W.A. Timmermans,
25 February 1992 on the general arrangements for products subject              D.A.O. Edward, A. La Pergola and S. von Bahr, Judges; S. Alber,
to excise duty and on the holding, movement and monitoring of                  Advocate General; H.A. Rühl, Principal Administrator, for the
such products, as amended by Council Directive 96/99/EC of                     Registrar, has given a judgment on 11 September 2003, in
30 December 1996, must be interpreted as meaning that they do                  which it:
not preclude a national rule providing for the levy of surcharges on
the price of electricity such as those at issue in the main proceedings        1.    Annuls Council Decision 2001/265/EC of 19 March 2001
when the electricity is used in an electro-chemical process and that                 concerning the conclusion of the agreement between the
Council Recommendation 81/924/EEC of 27 October 1981 on                              European Community and the Republic of Bulgaria establishing
electricity tariff structures in the Community is not capable of                     certain conditions for the carriage of goods by road and the
preventing a Member State from levying such surcharges.                              promotion of combined transport and 2001/266/EC of
                                                                                     19 March 2001 concerning the conclusion of the agreement
                                                                                     between the European Community and the Republic of Hungary
(1) OJ C 200 of 14.7.2001.                                                           establishing certain conditions for the carriage of goods by road
                                                                                     and the promotion of combined transport;
                                                                               2.    Declares that the effects of the decisions are to be maintained
                                                                                     until the measures necessary to implement the present judgment
                                                                                     have been adopted;
                                                                               3.    Orders the Council of the European Union to pay the costs;
                   JUDGMENT OF THE COURT
                                                                               4.    Orders the Federal Republic of Germany and the Grand Duchy
                            (Fifth Chamber)                                          of Luxembourg to bear their own costs.
                        of 11 September 2003                                   (1) OJ C 212 of 28.7.2001.
in Case C-211/01: Commission of the European Communi-
            ties v Council of the European Union (1)
(EC/Bulgaria and EC/Hungary Agreements — Carriage of                                            JUDGMENT OF THE COURT
goods by road and combined transport — Taxation — Legal
                basis — Articles 71 EC and 93 EC)                                                     of 9 September 2003
                            (2003/C 264/16)                                    in Case C-236/01 (Reference for a preliminary ruling
                                                                               from the Tribunale amministrativo regionale del Lazio):
                                                                               Monsanto Agricoltura Italia SpA and Others v Presidenza
                      (Language of the case: French)                                       del Consiglio dei Ministri and Others (1)
(Provisional translation; the definitive translation will be published         (Regulation (EC) No 258/97 — Novel foods — Placing on
                     in the European Court Reports)                            the market — Safety assessment — Simplified procedure —
                                                                               Substantial equivalence to existing foods — Foods produced
                                                                               from genetically modified maize — Presence of residues of
                                                                               transgenic protein — Measure by a Member State tempor-
In Case C-211/01, Commission of the European Communities                       arily restricting or suspending the trade in or use of a novel
(Agent: initially by M. Wolfcarius, subsequently by W. Wils) v                                         food in its territory)
Council of the European Union (Agents: A. Lopes Sabino and
E. Karlsson) supported by Federal Republic of Germany                                                    (2003/C 264/17)
(Agents: W.-D. Plessing and M. Lumma) and by Grand Duchy
of Luxembourg (Agents: J. Falts and N. Mackel): Application
                                                                                                   (Language of the case: Italian)
for the annulment of Council Decisions 2001/265/EC of
19 March 2001 concerning the conclusion of the agreement
between the European Community and the Republic of                             (Provisional translation; the definitive translation will be published
Bulgaria establishing certain conditions for the carriage of                                      in the European Court Reports)
goods by road and the promotion of combined transport (OJ
2001 L 108, p. 4), and 2001/266/EC of 19 March 2001
concerning the conclusion of the agreement between the                         In Case C-236/01: Reference to the Court under Article 234
European Community and the Republic of Hungary estab-                          EC by the Tribunale amministrativo regionale del Lazio (Italy)