CELEX: C2002/084/04
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 27 November 2001 in Case C-146/99: Italian Republic v Commission of the European Communities (EAGGF — Clearance of accounts — Tomatoes — Minimum price for producers)

6.4.2002                EN                      Official Journal of the European Communities                                                C 84/3
respect of the expenditure for 1995 of the Guarantee Section               1.    Dismisses the action;
of the European Agricultural Guidance and Guarantee Fund
(OJ 1999 L 61, p. 37), in so far as it concerns the French                 2.    Orders the Italian Republic to pay the costs.
Republic, the Court (Sixth Chamber), composed of: F. Macken
(Rapporteur), President of the Chamber, N. Colneric, C. Gul-
mann, R. Schintgen and V. Skouris, Judges, Advocate General:               (1) OJ C 174 of 19.6.1999.
S. Alber, Registrar: H.A. Rühl, Principal Administrator, has
given a judgment on 24 January 2002, in which it has ruled:
1.    Dismisses the application;
2.    Orders the French Republic to pay the costs;                                            JUDGMENT OF THE COURT
3     .Orders the Republic of Finland to bear its own costs.
                                                                                                       (Fifth Chamber)
(1) OJ C 188 of 3.7.1999.                                                                             24 January 2002
                                                                           in Case C-164/99 (Reference for a preliminary ruling
                                                                           from the Amtsgericht Tauberbischofsheim): Portugaia
                                                                                                     Construções Lda (1)
                                                                           (Freedom to provide services — Construction undertakings
                 JUDGMENT OF THE COURT                                     — Directive 96/71/EC — Posting of workers — Minimum
                                                                                                             wage)
                         (Sixth Chamber)
                                                                                                        (2002/C 84/05)
                      of 27 November 2001
                                                                                                (Language of the case: German)
in Case C-146/99: Italian Republic v Commission of the
                   European Communities (1)                                (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
(EAGGF — Clearance of accounts — Tomatoes — Minimum
                        price for producers)
                                                                           In Case C-164/99: Reference to the Court under Article 234
                          (2002/C 84/04)                                   EC by the Amtsgericht Tauberbischofsheim (Germany) for a
                                                                           preliminary ruling in the infringement proceedings brought
                                                                           before that court against Portugaia Construções Lda, on the
                    (Language of the case: Italian)                        interpretation of Article 59 of the EC Treaty (now, after
                                                                           amendment, Article 49 EC) and Article 60 of the EC Treaty
(Provisional translation; the definitive translation will be published     (now Article 50 EC) and of Directive 96/71/EC of the
                   in the European Court Reports)                          European Parliament and of the Council of 16 December 1996
                                                                           concerning the posting of workers in the framework of the
                                                                           provision of services (OJ 1997 L 18, p. 1), the Court (Fifth
                                                                           Chamber), composed of: P. Jann, President of the Chamber,
In Case C-146/99: Italian Republic (Agent: U. Leanza, assisted             D.A.O. Edward (Rapporteur) and A. La Pergola, Judges,
by D. Del Gaizo) v Commission of the European Communities                  Advocate General: J. Mischo, Registrar: H.A. Rühl, Principal
(Agent: F.P. Ruggeri Laderchi, assisted by A. Dal Ferro) —                 Administrator, has given a judgment on 24 January 2002, in
application for annulment of Commission Decision                           which it has ruled:
1999/186/EC of 3 February 1999 excluding from Community
financing certain expenditure incurred by the Member States                1.    In assessing whether the application by the host Member State
under the Guarantee Section of the European Agricultural                         to service providers established in another Member State of
Guidance and Guarantee Fund (EAGGF) (OJ 1999 L 61, p. 34),                       domestic legislation laying down a minimum wage is compat-
in so far as it disallowed ITL 7 421 939 820 of expenditure                      ible with Article 59 of the EC Treaty (now, after amendment,
incurred by the Italian Republic for aid for the processing of                   Article 49 EC) and Article 60 of the EC Treaty (now Article 50
tomatoes — the Court (Sixth Chamber), composed of: F. Mack-                      EC), it is for the national authorities or, as the case may be, the
en, President of the Chamber, N. Colneric, C. Gulmann                            national courts to determine whether, considered objectively,
(Rapporteur), V. Skouris and J.N. Cunha Rodrigues, Judges;                       that legislation provides for the protection of posted workers. In
C. Stix-Hackl, Advocate General; L. Hewlett, Administrator, for                  that regard, although the declared intention of the legislature
the Registrar, has given a judgment on 27 November 2001, in                      cannot be conclusive, it may nevertheless constitute an indication
which it:                                                                        as to the objective pursued by the legislation.