CELEX: C2003/146/22
Language: en
Date: 2003-06-21 00:00:00
Title: Case C-40/03 P: Appeal brought on 4 February 2003 by Rica Foods (Free Zone) NV against the judgment delivered on 14 November 2002 by the Court of First Instance (Third Chamber) in Joined Cases T-332/00 and T-350/00 Rica Foods (Free Zone) NV, supported by the Kingdom of the Netherlands and Free Trade Foods NV, v Commission of the European Communities, supported by the Kingdom of Spain

21.6.2003                EN                            Official Journal of the European Union                                            C 146/13
                     ORDER OF THE COURT                                        Appeal brought on 4 February 2003 by Rica Foods (Free
                                                                               Zone) NV against the judgment delivered on 14 Novem-
                                                                               ber 2002 by the Court of First Instance (Third Chamber)
                                                                               in Joined Cases T-332/00 and T-350/00 Rica Foods (Free
                            (First Chamber)                                    Zone) NV, supported by the Kingdom of the Netherlands
                                                                               and Free Trade Foods NV, v Commission of the European
                                                                                   Communities, supported by the Kingdom of Spain
                            of 6 March 2003
                                                                                                        (Case C-40/03 P)
in Case C-449/01 Reference for a preliminary ruling by
the Court of Appeal (England and Wales) (Civil Division):
      Abbey Life Assurance Co. Ltd v Kok theam Yeap ( 1)                                                 (2003/C 146/22)
(Article 104(3) of the Rules of Procedure — Directive 86/
653/EEC — Coordination of the laws of the Member States
relating to self-employed commercial agents — Applicability                    An appeal has been brought before the Court of Justice of the
     to agents in the insurance and financial services fields)                 European Communities on 4 February 2003 by Rica Foods
                                                                               (Free Zone) NV, represented by G. van der Wal, advocaat
                                                                               before the Hoge Raad der Nederlanden, against the judgment
                                                                               delivered on 14 November 2002 by the Court of First Instance
                            (2003/C 146/21)
                                                                               (Third Chamber) in Joined Cases T-332/00 and T-350/00 Rica
                                                                               Foods (Free Zone) NV, supported by the Kingdom of the
                                                                               Netherlands and Free Trade Foods NV, v Commission of the
                    (Language of the case: English)                            European Communities, supported by the Kingdom of Spain.
                                                                               The appellant claims that the Court should:
In Case C-449/01: Reference to the Court under Article 234                     1.   declare admissible the appeal lodged by the appellant
EC by the Court of Appeal (England and Wales) (Civil Division)                      against the judgment delivered on 14 November 2002 by
(United Kingdom) for a preliminary ruling in the proceedings                        the Court of First Instance of the European Communities
pending before that court between Abbey Life Assurance Co.                          in Joined Cases T-332/00 and T-350/00;
Ltd and Kok Theam Yeap, on the interpretation of Council
Directive 86/653/EEC of 18 December 1986 on the coordi-
nation of the laws of the Member States relating to self-                      2.   set aside the judgment delivered on 14 November 2002
employed commercial agents (OJ 1986 L 382, p. 17), the                              by the Court of First Instance of the European Communi-
Court (First Chamber), composed of: M. Wathelet, President of                       ties in Joined Cases T-332/00 and T-350/00 and, ruling
the Chamber, P. Jann (Rapporteur) and A. Rosas, Judges;                             afresh pursuant to the application at first instance lodged
C. Stix-Hackl, Advocate General; R. Grass, Registrar, has made                      by the present appellant on 27 October 2000:
an order on 6 March 2003, the operative part of which is as
follows:
                                                                                    —     annul Regulation (EC) No 2081/2000; ( 1)
Council Directive 86/653/EEC of 18 December 1986 on the
                                                                                    —     declare that the Community is liable for the damage
coordination of the laws of the Member States relating to self-                           suffered by the appellant by reason of the fact that
employed commercial agents must be interpreted as meaning that
                                                                                          imports of the products referred to in Regulation
self-employed agents appointed for the purpose of soliciting appli-
                                                                                          (EC) No 2081/2000 have, since 1 October 2000,
cations for policies for life assurance, annuities or savings do not fall                 been prevented or restricted as a result of that
within its scope.
                                                                                          regulation, and order the parties to reach agreement
                                                                                          on the extent of the damage suffered by the appel-
                                                                                          lant, and, if no agreement is reached on that matter,
                                                                                          order that the procedure be continued within a
( 1) OJ C 84 of 6.4.2002.                                                                 period to be determined by the Court of Justice for
                                                                                          the purpose of determining the extent of the damage,
                                                                                          or at any rate order the Community to pay compen-
                                                                                          sation for the provisionally estimated damage and
                                                                                          for that still to be assessed; in the further alternative,
 ---pagebreak--- C 146/14                EN                        Official Journal of the European Union                                          21.6.2003
            order the Community to pay compensation to be                 Pleas in law and main arguments
            determined on an equitable basis by the Court of
            Justice, plus annual interest of 8 % from the date of         —      Incorrect implementation of Article 5 of the Directive.
            the application at first instance to the date of full                The Law transposing Article 5 of Directive 93/13/EEC
            and final payment;                                                   into Spanish law fails to mention that the rule that the
                                                                                 interpretation that is the most favourable to the consumer
3.     order the respondent to pay the costs of both sets of                     is to prevail is not to apply in the context of the
       proceedings, in accordance with Article 69(2) of the Rules                procedures laid down in Article 7(2) of the Directive
       of Procedure.                                                             (prohibitory actions). Thus a situation is created in which
                                                                                 consumers run the risk that the interpretation rule may
                                                                                 go counter to their interests, inasmuch as it will be an
                                                                                 obstacle to the removal from contracts with consumers,
                                                                                 by means of a prohibitory action, unclear terms which,
Pleas in law and main arguments                                                  according to a ‘normal’ interpretation, are unfair;
                                                                          —      incorrect implementation of Article 6(2) of the Directive:
The pleas in law and main arguments are similar to those in                      by referring to the provision ‘in Article 5 of the 1980
Case C-41/03 P, it being understood that the present case                        Rome Convention on the Law applicable to Contractual
relates to Regulation (EC) No 2081/2000.                                         Obligations’, the Spanish Law limits the protection offered
                                                                                 by the Directive to consumers, by introducing a twofold
                                                                                 restriction. Thus, the Directive provides for the protection
( 1) Commission Regulation (EC) No 2081/2000 of 29 September                     of all consumers in all contracts concluded with a seller
     2000 providing for the continued application of safeguard                   or supplier, whereas the Spanish Law provides such
     measures for imports from the overseas countries and territories            protection only for certain types of contract and only
     of sugar sector products with EC/OCT cumulation of origin                   where certain conditions are satisfied, a twofold restric-
     (OJ 2000 L 246, p. 64).                                                     tion prohibited by the Directive.
                                                                          (1 ) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in
                                                                               consumer contracts (OJ L 95 of 21.4.1993, p. 29).
Action brought on 17 February 2003 by the Commission
of the European Communities against the Kingdom of
                                Spain
                                                                          Reference for a preliminary ruling by the College van
                           (Case C-70/03)                                 Beroep voor het Bedrijfsleven by judgment of that Court
                                                                          of 7 January 2003 in the proceedings between A. Tempel-
                                                                          man and Directeur van de Rijksdienst voor de keuring
                          (2003/C 146/23)                                                          van Vee en Vlees
                                                                                                     (Case C-96/03)
An action against the Kingdom of Spain was brought before
                                                                                                    (2003/C 146/24)
the Court of Justice of the European Communities on 17 Febru-
ary 2003 by the Commission of the European Communities,
represented by Isabel Martínez del Peral and Miguel França, of
its Legal Service, with an address for service in Luxembourg.
                                                                          Reference has been made to the Court of Justice of the
                                                                          European Communities by judgment of the College van Beroep
                                                                          voor het Bedrijfsleven (Administrative Court for Trade and
The applicant claims that the Court should:
                                                                          Industry) of 7 January 2003, received at the Court Registry on
                                                                          4 March 2003, for a preliminary ruling in the proceedings
1.     Declare that, by failing to transpose fully into its national      between A. Tempelman and Directeur van de Rijksdienst voor
       law Articles 5 and 6(2) of Directive 93/12/EEC (1) of              de keuring van Vee en Vlees on the following questions:
       5 April 1993 on unfair terms in consumer contracts, the
       Kingdom of Spain has failed to fulfil its obligations under        1.     May a Member State derive from Community law the
       the Treaty and under that directive;
                                                                                 power to decide to kill animals which are suspected of
                                                                                 being infected or contaminated with the foot-and-mouth
2.     Order the Kingdom of Spain to pay the costs.                              virus?