CELEX: C2003/146/16
Language: en
Date: 2003-06-21 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 10 April 2003 in Case C-217/01 P: Michel Hendrickx v Centre européen pour le développement de la formation professionnelle (Cedefop) (Appeal — Officials — Resettlement Allowance — Action which has become devoid of purpose — No need to adjudicate)

C 146/10                  EN                          Official Journal of the European Union                                                21.6.2003
—     precluding the application of national legislation which excludes                         JUDGMENT OF THE COURT
      Turkish workers duly registered as belonging to the labour force
      of the host Member State from eligibility for election to the
      general assembly of a body representing and defending the                                         (Second Chamber)
      interests of workers, such as the chambers of workers in Austria.
                                                                                                           of 8 May 2003
( 1) OJ C 173 of 16.6.2001.
                                                                              in Case C-268/01 (Reference for a preliminary ruling from
                                                                              the Verwaltungsgericht Weimar): Agrargenossenschaft
                                                                                        Alkersleben eG, v Freistaat Thüringen, ( 1)
                                                                              (Milk and milk products — Council Regulation (EEC)
                                                                              No 3950/92 — Scheme applicable to the territory of the
                   JUDGMENT OF THE COURT                                      former German Democratic Republic — Reference quantities
                                                                              — Concepts of ‘producer’ and ‘holding’ — Lessee of a
                                                                                            holding situated within that territory)
                           (Sixth Chamber)
                                                                                                          (2003/C 146/17)
                           of 10 April 2003
                                                                                                   (Language of the case: German)
in Case C-217/01 P: Michel Hendrickx v Centre européen
pour le développement de la formation professionnelle
                              (Cedefop) ( 1)                                  (Provisional translation; the definitive translation will be published
                                                                                                   in the European Court Reports)
(Appeal — Officials — Resettlement Allowance — Action
which has become devoid of purpose — No need to adjudi-
                                  cate)
                                                                              In Case C-268/01: Reference to the Court under Article 234 EC
                                                                              by the Verwaltungsgericht Weimar (Germany) for a prelimi-
                            (2003/C 146/16)                                   nary ruling in the proceedings pending before that court
                                                                              between Agrargenossenschaft Alkersleben eG, and Freistaat
                      (Language of the case: French)                          Thüringen, on the interpretation of Articles 3(2), 4(4), 5 and
                                                                              9(c) and (d) of Council Regulation (EEC) No 3950/92 of
                                                                              28 December 1992 establishing an additional levy in the milk
(Provisional translation; the definitive translation will be published        and milk products sector (OJ 1992 L 405, p. 1), as amended
                     in the European Court Reports)                           by Commission Regulation (EC) No 751/1999 of 9 April 1999
                                                                              (OJ 1999 L 96, p. 11), the Court (Second Chamber), composed
                                                                              of: R. Schintgen, President of the Chamber, V. Skouris
                                                                              (Rapporteur) and N. Colneric, Judges; P. Léger, Advocate
In Case C-217/01 P, Michel Hendrickx (represented by                          General; R. Grass, Registrar, has given a judgment on 8 May
J.-N. Louis and V. Peere): Appeal against the order of the Court              2003, in which it has ruled:
of First Instance of the European Communities (Fifth Chamber)
of 12 March 2001 in Case T-298/00 Hendrickx v Cedefop
(not published in the ECR), seeking to have that order set aside,             1.    Article 9(c) and (d) of Council Regulation No 3950/92 of
the other party to the proceedings being: Centre européen pour                      28 December 1992 establishing an additional levy in the
le développement de la formation professionnelle (Cedefop)                          milk and milk products sector, as amended by Commission
(represented by B. Wägenbaur), the Court (Sixth Chamber),                           Regulation (EC) No 751/1999 of 9 April 1999 and read
composed of: J.-P. Puissochet, President of the Chamber,                            with Articles 3(2), 4(4) and 5 of the former regulation, must
C. Gulmann, F. Macken, N. Colneric (Rapporteur) and                                 be interpreted as meaning that all the milk production of a
J.N. Cunha Rodrigues, Judges; A. Tizzano, Advocate General;                         farmer established in the territory of the former German
R. Grass, Registrar, has given a judgment on 10 April 2003, in                      Democratic Republic obtained on an independent basis in
which it:                                                                           leased facilities situated in that territory but in different länder
                                                                                    must be imputed to the reference quantity provisionally allocated
                                                                                    to him.
1.    Dismisses the appeal;
                                                                              2.    Article 9(c) and (d) of Regulation No 3950/92, as amended
2.    Orders Mr Hendrickx to pay the costs.                                         by Regulation No 751/99, and read with Articles 3(2), 4(4)
                                                                                    and 5 of the former regulation, must be interpreted as precluding
                                                                                    the competent national authorities from prohibiting a producer
( 1) OJ C 212 of 28.7.2001.
                                                                                    established in the former German Democratic Republic from
                                                                                    transferring his milk production to facilities in a commune
                                                                                    which, although forming part of that territory on the date of