CELEX: C2003/275/23
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court of 30 September 2003 in Case C-239/01: Federal Republic of Germany v Commission of the European Communities (Agriculture — EAGGF — Partial annulment of Regulation (EC) No 690/2001 — Special market support measures in the beef sector — Implementing regulation of the Commission providing for compulsory co-financing by the Member States)

C 275/14                 EN                           Official Journal of the European Union                                             15.11.2003
2.    Article 48 of the EC Treaty (now, after amendment, Article 39           company established in that second Member State, and made
      EC) and Article 7(1) of Regulation (EEC) No 1612/68 of the              available to the worker by his employer who is also established in the
      Council of 15 October 1968 on freedom of movement for                   second Member State.
      workers within the Community are to be interpreted as meaning
      that they preclude the grant, under conditions such as those laid
                                                                              (1) OJ C 227 of 11.8.2001.
      down in Article 50a of the Gehaltsgesetz 1956 (law on salaries
      of 1956), as amended in 1997, of a special length-of-
      service increment which, according to the interpretation of the
      Verwaltungsgerichtshof (Austria) in its judgment of 24 June
      1998, constitutes a loyalty bonus.
3.    An infringement of Community law, such as that stemming in                                JUDGMENT OF THE COURT
      the circumstances of the main proceedings from the judgment
      of the Verwaltungsgerichtshof of 24 June 1998, does not have                                   of 30 September 2003
      the requisite manifest character for liability under Community
      law to be incurred by a Member State for a decision of one of           in Case C-239/01: Federal Republic of Germany v Com-
      its courts adjudicating at last instance.                                         mission of the European Communities (1)
(1) OJ C 212 of 28.7.2001.                                                    (Agriculture — EAGGF — Partial annulment of Regulation
                                                                              (EC) No 690/2001 — Special market support measures in
                                                                              the beef sector — Implementing regulation of the Com-
                                                                              mission providing for compulsory co-financing by the Mem-
                                                                                                            ber States)
                                                                                                         (2003/C 275/23)
                  JUDGMENT OF THE COURT
                                                                                                  (Language of the case: German)
                           (Fifth Chamber)
                                                                              (Provisional translation; the definitive translation will be published
                         of 2 October 2003                                                        in the European Court Reports)
in Case C-232/01 (Reference for a preliminary ruling from
the Politierechtbank te Mechelen): Criminal procedure                         In Case C-239/01, Federal Republic of Germany (Agent: W.-D.
                     against Hans van Lent (1)                                Plessing, acting as Agent, assisted by J. Sedemund) supported
                                                                              by Kingdom of Denmark (Agents: J. Molde and J. Bering
                                                                              Liisberg) with an address for service in Luxembourg v Com-
(Freedom of movement for workers — Vehicle leasing —                          mission of the European Communities (Agents: D. Booß and
Obligation to register vehicle in worker’s Member State of                    M. Niejahr): Application for annulment of Article 5(5) of
                               residence)                                     Commission Regulation (EC) No 690/2001 of 3 April 2001
                                                                              on special market support measures in the beef sector (OJ
                           (2003/C 275/22)                                    2001 L 95, p. 8), in so far as that provision requires each
                                                                              Member State concerned to finance 30 % of the price of the
                     (Language of the case: Dutch)                            meat purchased under that regulation, the Court, composed of:
                                                                              G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet,
                                                                              R. Schintgen and C.W.A. Timmermans (Presidents of Cham-
(Provisional translation; the definitive translation will be published
                                                                              bers), C. Gulmann, D.A.O. Edward, A. La Pergola (Rapporteur),
                    in the European Court Reports)
                                                                              P. Jann, V. Skouris, F. Macken, N. Colneric and S. von Bahr,
                                                                              Judges; J. Mischo, Advocate General; M.-F. Contet, Principal
                                                                              Administrator, for the Registrar, has given a judgment on
In Case C-232/01: Reference to the Court under Article 234                    30 September 2003, in which it:
EC by the Politierechtbank te Mechelen (Belgium) for a
preliminary ruling in the criminal proceedings before that                    1.    Annuls Article 5(5) of Commission Regulation (EC) No 690/
court against Hans van Lent, on the interpretation of Article                       2001 of 3 April 2001 on special market support measures in
39 EC, the Court (Fifth Chamber), composed of: M. Wathelet,                         the beef sector in so far as that provision requires each Member
President of the Chamber, D.A.O. Edward, P. Jann, S. von Bahr                       State concerned to finance 30 % of the price of the meat
(Rapporteur) and A. Rosas, Judges; P. Léger, Advocate General;                      purchased under that regulation;
M.-F. Contet, Principal Administrator, for the Registrar, has
given a judgment on 2 October 2003, in which it has ruled:                    2.    Orders the Commission of the European Communities to pay
                                                                                    the costs.
Article 39 EC precludes national rules of a Member State, such as
those in the present case, which prohibit a worker who is domiciled           (1) OJ C 245 of 1.9.2001.
in that Member State from using on its territory a vehicle registered
in another neighbouring Member State, belonging to a leasing