CELEX: C2003/275/28
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court of 30 September 2003 in Case C-47/02 (Reference for a preliminary ruling from the Schleswig-Holsteinisches Oberverwaltungsgericht): Albert Anker, Klaas Ras, Albertus Snoek v Bundesrepublik Deutschland () (Freedom of movement for workers — Article 39(4) EC — Employment in the public service — Masters of fishing vessels — Conferment of powers of public authority on board — Posts reserved for nationals of the flag State)

15.11.2003               EN                          Official Journal of the European Union                                               C 275/17
1.    Rules such as those of the Vorarlberger Grundverkehrsgesetz            Article 39(4) EC must be construed as allowing a Member State to
      (Vorarlberg Land Transfer Law) of 23 September 1993, as                reserve for its nationals the post of master of vessels flying its flag
      amended, making transactions relating to agricultural and              and engaged in ‘small-scale maritime shipping’ (‘Kleine See-
      forestry plots subject to administrative controls must, where a        schifffahrt’) only if the rights under powers conferred by public law
      transaction is in issue between nationals of States party to the       granted to masters of such vessels are in fact exercised on a regular
      Agreement on the European Economic Area of 2 May 1992,                 basis and do not represent a very minor part of their activities.
      be assessed in the light of Article 40 of and Annex XII to the
      aforementioned Agreement, which are provisions possessing the
      same legal scope as that of Article 73b of the EC Treaty (now          (1) OJ C 109 of 4.5.2002.
      Article 56 EC), which is identical in substance.
2.    Article 73b of the Treaty in conjunction with Articles 73c,
      73d, 73f and 73g of the EC Treaty (now Articles 57 EC to 60
      EC) do not preclude the acquisition of agricultural land being
      made subject to the grant of prior authorisation such as that
      established by the VGVG. However, they do preclude such
      authorisation being refused in every case in which the acquirer                           JUDGMENT OF THE COURT
      does not himself farm the land concerned as part of a holding
      and on which he is not resident.
                                                                                                        (Fourth Chamber)
(1) OJ C 84 of 6.4.2002.
                                                                                                     of 11 September 2003
                                                                             in Case C-67/02: Commission of the European Communi-
                                                                                                         ties v Ireland (1)
                  JUDGMENT OF THE COURT
                                                                             (Failure of a Member State to fulfil obligations — Article 5
                       of 30 September 2003                                  of Directive 79/923/EEC — Quality of shellfish waters —
                                                                                               Pollution-reduction programme)
in Case C-47/02 (Reference for a preliminary ruling from
the Schleswig-Holsteinisches Oberverwaltungsgericht):                                                    (2003/C 275/29)
Albert Anker, Klaas Ras, Albertus Snoek v Bundesrepu-
                       blik Deutschland ( (1))
                                                                                                  (Language of the case: English)
(Freedom of movement for workers — Article 39(4) EC —
Employment in the public service — Masters of fishing
vessels — Conferment of powers of public authority on
    board — Posts reserved for nationals of the flag State)                  In Case C-67/02, Commission of the European Communities
                                                                             (Agent: M. Shotter) v Ireland (Agent: D. O’Hagan): Application
                                                                             for a declaration that, by not adopting programmes for all its
                          (2003/C 275/28)
                                                                             designated shellfish waters in accordance with Article 5 of
                                                                             Council Directive 79/923/EEC of 30 October 1979 on the
                    (Language of the case: German)                           quality required of shellfish waters (OJ 1979 L 281, p. 47),
                                                                             Ireland has failed to fulfil its obligations under that directive,
(Provisional translation; the definitive translation will be published       the Court (Fourth Chamber), composed of: C.W.A. Timmer-
                    in the European Court Reports)                           mans, President of the Chamber, A. La Pergola (Rapporteur)
                                                                             and S. von Bahr, Judges; F.G. Jacobs, Advocate General;
                                                                             R. Grass, Registrar, has given a judgment on 11 September
In Case C-47/02: Reference to the Court under Article 234                    2003, in which it:
EC by the Schleswig-Holsteinisches Oberverwaltungsgericht
(Germany) for a preliminary ruling in the proceedings pending
                                                                             1.     Declares that, by not adopting programmes for all its designated
before that court between Albert Anker, Klaas Ras, Albertus                         shellfish waters in accordance with Article 5 of Council Directive
Snoek and Bundesrepublik Deutschland, represented by the
                                                                                    79/923/EEC of 30 October 1979 on the quality required of
Wasser- und Schiffahrtsdirektion Nord, on the interpretation
                                                                                    shellfish waters, Ireland has failed to fulfil its obligations
of Article 39(4) EC, the Court, composed of: G.C. Rodríguez
                                                                                    thereunder;
Iglesias, President, J.-P. Puissochet, M. Wathelet (Rapporteur),
R. Schintgen and C.W.A. Timmermans (Presidents of Cham-
bers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann,                    2.     Orders Ireland to pay the costs.
V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha
Rodrigues and A. Rosas, Judges; C. Stix-Hackl, Advocate
                                                                             (1) OJ C 109 of 4.5.2002.
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, has given a judgment on 30 September 2003, in which it
has ruled: