CELEX: C2003/275/35
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court of 2 October 2003 in Case C-148/02 (Reference for a preliminary ruling from the Conseil d'État): Carlos Garcia Avello v État Belge (Citizenship of the European Union — Handing down of surnames — Children of nationals of Member States — Dual nationality)

C 275/20                EN                          Official Journal of the European Union                                            15.11.2003
                 JUDGMENT OF THE COURT                                      origin of the plants concerned. The amendments which Commission
                                                                            Directive 98/2/EC of 8 January 1998 made to items 16.2 and
                                                                            16.3 do not affect that interpretation. The phytosanitary certificate
                     of 30 September 2003                                   required in order to bring those plants into the Community must,
                                                                            therefore, be issued in their country of origin by, or under the
in Case C-140/02 (Reference for a preliminary ruling                        supervision of, the competent authorities of that country.
from the House of Lords): Regina on the application of
S.P. Anastasiou (Pissouri) Ltd and Others v Minister for
Agriculture, Fisheries and Food, interveners: Cypfruvex                     (1) OJ C 144 of 15.6.2002.
(UK) Ltd and Cypfruvex Fruit and Vegetable (Cypfruvex)
                         Enterprises Ltd (1)
(Approximation of laws — Protection of plant health —
Directive 77/93/EEC — Import into the Community of
plants originating in non-member countries and subject to                                     JUDGMENT OF THE COURT
special requirements — Special requirements which cannot
be fulfilled at places other than that of origin — Affixing of
an appropriate origin mark to plant packaging — Official                                             of 2 October 2003
statement that plants originate in an area known to be free
              from the relevant harmful organism)                           in Case C-148/02 (Reference for a preliminary ruling from
                                                                              the Conseil d’État): Carlos Garcia Avello v État Belge (1)
                          (2003/C 275/34)
                                                                            (Citizenship of the European Union — Handing down of
                                                                            surnames — Children of nationals of Member States —
                   (Language of the case: English)                                                    Dual nationality)
                                                                                                      (2003/C 275/35)
In Case C-140/02: Reference to the Court under Article 234
EC by the House of Lords (United Kingdom) for a preliminary                                      (Language of the case: French)
ruling in the proceedings pending before that court between
Regina on the application of S.P. Anastasiou (Pissouri) Ltd and             (Provisional translation; the definitive translation will be published
Others and Minister for Agriculture, Fisheries and Food,                                        in the European Court Reports)
interveners: Cypfruvex (UK) Ltd and Cypfruvex Fruit and
Vegetable (Cypfruvex) Enterprises Ltd, on the interpretation of
Council Directive 77/93/EEC of 21 December 1976 on
protective measures against the introduction into the Com-                  In Case C-148/02: Reference to the Court under Article 234 EC
munity of organisms harmful to plants or plant products and                 by the Conseil d’État (Belgium) for a preliminary ruling in the
against their spread within the Community (OJ 1977 L 26,                    proceedings pending before that court between Carlos Garcia
p. 20), as amended, inter alia, by Council Directive 91/683/                Avello and État Belge, on the interpretation of Articles 17 EC
EEC of 19 December 1991 (OJ 1991 L 376, p. 29) and                          and 18 EC, the Court, composed of: G.C. Rodríguez Iglesias,
Commission Directive 92/103/EEC of 1 December 1992 (OJ                      President, M. Wathelet, R. Schintgen and C.W.A. Timmermans
1992 L 363, p. 1), and as subsequently amended, inter alia, by              (Presidents of Chambers), D.A.O. Edward, A. La Pergola,
Commission Directive 98/2/EC of 8 January 1998 (OJ 1998                     P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr,
L 15, p. 34), the Court, composed of: G.C. Rodríguez                        J.N. Cunha Rodrigues (Rapporteur) and A. Rosas, Judges;
Iglesias, President, J.-P. Puissochet (Rapporteur), M. Wathelet,            F.G. Jacobs, Advocate General; M.-F. Contet, Principal Adminis-
R. Schintgen and C.W.A. Timmermans (Presidents of Cham-                     trator, for the Registrar, has given a judgment on 2 October
bers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann,                   2003, in which it has ruled:
V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha
Rodrigues and A. Rosas, Judges; C. Stix-Hackl, Advocate
General; L. Hewlett, Principal Administrator, for the Registrar,            Articles 12 EC and 17 EC must be construed as precluding, in
has given a judgment on 30 September 2003, in which it has                  circumstances such as those of the case in the main proceedings, the
ruled:                                                                      administrative authority of a Member State from refusing to grant
                                                                            an application for a change of surname made on behalf of minor
                                                                            children resident in that State and having dual nationality of that
On a proper interpretation of Council Directive 77/93/EEC of                State and of another Member State, in the case where the purpose of
21 December 1976 on protective measures against the introduction            that application is to enable those children to bear the surname to
into the Community of organisms harmful to plants or plant products         which they are entitled according to the law and tradition of the
and against their spread within the Community, as amended, inter            second Member State.
alia, by Council Directive 91/683/EEC of 19 December 1991 and
Commission Directive 92/103/EEC of 1 December 1992, the
special requirement that an appropriate origin mark be affixed to the       (1) OJ C 144 of 15.6.2002.
plants’ packaging, laid down in item 16.1 of Annex IV, Part A,
Section I, to that directive, can be fulfilled only in the country of