CELEX: C2001/079/06
Language: en
Date: 2001-03-10 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 30 November 2000 in Case C-436/98 (reference for a preliminary ruling from the Supreme Court): HMIL Ltd v Minister for Agriculture, Food and Forestry (Agriculture — Common organisation of the markets — Special export refunds and private storage aid for certain pieces of beef)

10.3.2001                 EN                      Official Journal of the European Communities                                                C 79/3
for the transmission of television signals (OJ 1995 L 281,                   communicating those provisions to the Commission, the
p. 51) or by not taking the measures necessary to comply                     French Republic has failed to fulfil its obligations under
therewith, the French Republic has failed to fulfil its obligations          that directive — the Court (Third Chamber), composed of:
under that directive — the Court (Third Chamber), composed                   C. Gulmann (Rapporteur), President of the Chamber, J.-P.
of: C. Gulmann (Rapporteur), President of the Chamber, J.-P.                 Puissochet and F. Macken, Judges; A. Saggio, Advocate General;
Puissochet and F. Macken, Judges; A. Saggio, Advocate General;               R. Grass, Registrar, has given a judgment on 23 November
R. Grass, Registrar, has given a judgment on 23 November                     2000, in which it:
2000, in which it:
                                                                             1.    Declares that, by failing to adopt within the prescribed period
1.    Declares that, by failing to adopt within the prescribed period              the laws, regulations and administrative provisions necessary to
      the laws, regulations and administrative provisions necessary to             comply with Directive 97/68/EC of the European Parliament
      comply with Directive 95/47/EC of the European Parliament                    and of the Council of 16 December 1997 on the approximation
      and of the Council of 24 October 1995 on the use of standards                of the laws of the Member States relating to measures against
      for the transmission of television signals, the French Republic              the emission of gaseous and particulate pollutants from
      has failed to fulfil its obligations under that directive;                   internal combustion engines to be installed in non-road mobile
                                                                                   machinery, the French Republic has failed to fulfil its obligations
2.    Orders the French Republic to pay the costs.                                 under that directive;
                                                                             2.    Orders the French Republic to pay the costs.
(1) OJ C 299 of 16.10.1999.
                                                                             (1) OJ C 299 of 16.10.1999.
                  JUDGMENT OF THE COURT
                                                                                               JUDGMENT OF THE COURT
                           (Third Chamber)
                                                                                                       (Fifth Chamber)
                        of 23 November 2000                                                        of 30 November 2000
in Case C-320/99: Commission of the European Communi-                        in Case C-436/98 (reference for a preliminary ruling from
                      ties v French Republic (1)                             the Supreme Court): HMIL Ltd v Minister for Agriculture,
                                                                                                    Food and Forestry (1)
(Failure by a Member State to fulfil its obligations —
Directive 97/68/EC — Non-road mobile machinery —                             (Agriculture — Common organisation of the markets —
        Emission of gaseous and particulate pollutants)                      Special export refunds and private storage aid for certain
                                                                                                          pieces of beef)
                             (2001/C 79/05)
                                                                                                         (2001/C 79/06)
                     (Language of the case: French)
                                                                                                 (Language of the case: English)
                                                                             In Case C-436/98: reference to the Court under Article 177 of
(Provisional translation; the definitive translation will be published
                                                                             the EC Treaty (now Article 234 EC) from the Supreme Court
                    in the European Court Reports)
                                                                             (Ireland), for a preliminary ruling in the proceedings pending
                                                                             before that court between HMIL Ltd and Minister for Agri-
In Case C-320/99: Commission of the European Communities                     culture, Food and Forestry — on the interpretation of Com-
(Agent: M. Nolin) v French Republic (Agents: K. Rispal-                      mission Regulation (EEC) No 1964/82 of 20 July 1982 laying
Bellanger and G. Taillandier) — application for a declaration                down the conditions for granting special export refunds on
that, by not adopting within the prescribed period the laws,                 certain cuts of boned meat of bovine animals (OJ 1982 L 212,
regulations and administrative provisions necessary to comply                p. 48, and the corrigendum at OJ 1982 L 273, p. 43), as
with Directive 97/68/EC of the European Parliament and of                    amended by Commission Regulation (EEC) No 3169/87 of
the Council of 16 December 1997 on the approximation of                      23 October 1987 amending Regulations (EEC) No 32/82,
the laws of the Member States relating to measures against the               (EEC) No 1964/82 and (EEC) No 74/84 in the matter of
emission of gaseous and particulate pollutants from internal                 customs export formalities for certain beef on which special
combustion engines to be installed in non-road mobile                        refunds are granted (OJ 1987 L 301, p. 21), and of Commission
machinery (OJ 1998 L 59, p. 1) or, in any event, by not                      Regulation (EEC) No 2675/88 of 29 August 1988 providing
 ---pagebreak--- C 79/4                  EN                      Official Journal of the European Communities                                          10.3.2001
for the grant of private storage aid fixed at a standard rate in           5.    On a proper construction of Regulation No 2675/88, of
advance in respect of carcases, half-carcases, hindquarters and                  Commission Regulation (EEC) No 1091/80 of 2 May 1980
forequarters from adult male bovine animals (OJ 1988 L 239,                      laying down detailed rules for granting private storage aid for
p. 20), as amended by Commission Regulation (EEC) No                             beef and veal and of Commission Regulation (EEC) No
3258/88 of 21 October 1988 (OJ 1988 L 289, p. 52) — the                          2220/85 of 22 July 1985 laying down common detailed rules
Court (Fifth Chamber), composed of: A. La Pergola, President                     for the application of the system of securities for agricultural
of the Chamber, D.A.O. Edward and L. Sevón (Rapporteur),                        products, as amended by Commission Regulation (EEC)
Judges; G. Cosmas, Advocate General; H.A. Rühl, Principal                        No 1181/87 of 29 April 1987, where the competent authority
Administrator, for the Registrar, has given a judgment on                        establishes that a carton of meat subject to the scheme covered
30 November 2000, in which it has ruled:                                         by Regulation No 2675/88 contains items prohibited by
                                                                                 Article 4(4) thereof, such as trimmings or separate pieces of fat
                                                                                 rolled up within pieces of meat, those regulations permit it to
                                                                                 hold that the entire contents of the carton do not qualify for
1.   On a proper construction of Article 1 of Commission Regulation              private storage aid and to forfeit the security given for the
     (EEC) No 1964/82 of 20 July 1982 laying down the                            advance payment made in respect of that carton plus 20 %.
     conditions for granting special export refunds on certain cuts of
     boned meat of bovine animals, as amended by Commission                6.    On a proper construction of the Community regulations, where
     Regulation (EEC) No 3169/87 of 23 October 1987 amending                     checks relating to cartons of meat reveal evidence in particular
     Regulations (EEC) No 32/82, (EEC) No 1964/82 and (EEC)                      production plants of a deliberate and persistent policy of
     No 74/84 in the matter of customs export formalities for                    infringement of Regulations No 1964/82 and No 2675/88,
     certain beef on which special refunds are granted, every piece of           the competent authority may extrapolate the results of those
     meat had to be individually wrapped, whatever its size, weight              checks across the production of the production plants in
     and nature, and without distinguishing, in particular, between              question.
     scraps and trimmings.
                                                                           7.    Where the sampling checks have revealed evidence of a deliberate
                                                                                 and persistent policy of storing material which does not qualify
                                                                                 for the private storage aid scheme by virtue of Article 4(4) of
2.   On a proper construction of Articles 7 and 8 of the same                    Regulation No 2675/88, the competent authority is permitted
     regulation, the Member States had the right to exclude from                 to refuse to grant private storage aid and to forfeit the security
     entitlement to special export refunds trimmings whose weight                in its entirety, pursuant to Article 5(2)(c) of Regulation
     was below a certain limit, such as a limit of 100 grams.                    No 1091/80, in respect of the whole of the material to which
                                                                                 it has extrapolated the results of the check.
3.   On a proper construction of Article 4(4) of Commission                (1) OJ C 48 of 20.2.1999.
     Regulation (EEC) No 2675/88 of 29 August 1988 providing
     for the grant of private storage aid fixed at a standard rate in
     advance in respect of carcases, half-carcases, hindquarters and
     forequarters from adult male bovine animals, as amended by
     Commission Regulation (EEC) No 3258/88 of 21 October
     1988, trimmings left over from cutting or boning, whatever
     their weight, did not qualify for private storage aid under                             JUDGMENT OF THE COURT
     contracts entered into pursuant to that regulation.
                                                                                                     (Third Chamber)
                                                                                                  of 30 November 2000
4.   On a proper construction of Regulation No 1964/82, of
     Council Regulation (EEC) No 565/80 of 4 March 1980 on                 in Case C-422/99: Commission of the European Communi-
     the advance payment of export refunds in respect of agricultural                            ties v Italian Republic (1)
     products, as amended by Council Regulation (EEC) No
     2026/83 of 18 July 1983, and of Commission Regulation
                                                                           (Failure of a Member State to fulfil its obligations — Failure
     (EEC) No 3665/87 of 27 November 1987 laying down
                                                                                           to implement Directive 97/51/EC)
     common detailed rules for the application of the system
     of export refunds on agricultural products, as amended by
     Commission Regulation (EEC) No 3494/88 of 9 November                                              (2001/C 79/07)
     1988 and Commission Regulation (EEC) No 3993/88 of
     21 December 1988, where the competent authority establishes                                (Language of the case: Italian)
     that a carton of meat subject to the scheme covered by
     Regulation No 1964/82 contains items prohibited by the
     legislation, whether trimmings rolled up within other pieces of       (Provisional translation; the definitive translation will be published
     meat, separate pieces of fat rolled up within pieces of meat, or                          in the European Court Reports)
     non-individually wrapped pieces of meat, those regulations
     permit it to hold that the entire contents of the carton do not       In Case C-422/99: Commission of the European Communities
     qualify for special export refunds and to forfeit the security given  (Agents: C. Schmidt and G. Bisogni) v Italian Republic (Agent:
     for the advance payment made in respect of that carton plus           Professor U. Leanza, assisted by I.M. Braguglia) — application
     20 %.                                                                 for a declaration that, by failing to adopt or, in any event, by