CELEX: C2004/007/23
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 20 November 2003 in Case C-416/01 (Reference for a preliminary ruling from the Tribunal Supremo): Sociedad Cooperativa General Agropecuaria (ACOR) v Administración General del Estado, participant: Ebro Puleva SA, formerly Azucarera Ebro Agrícolas SA and Azucareras Reunidas de Jaén SA (Common organisation of the markets in the sugar sector — Reallocation or transfer of quotas — Interpretation of Council Regulations (EEC) No 1785/81, (EEC) No 193/82 and (EC) No 1260/2001 — Decision of competent authorities of a Member State, when approving a merger, to reallocate sugar production quotas — Sale by public auction — Transfer of quotas for consideration)

C 7/14                    EN                           Official Journal of the European Union                                             10.1.2004
                   JUDGMENT OF THE COURT                                             —     attempted to find a new job in the period between the end
                                                                                           of the short, fixed-term employment relationship and the
                                                                                           time when he took up his studies,
                           (Sixth Chamber)
                                                                                     are not relevant in this connection.
                         of 6 November 2003                                    2.    A Community national such as the appellant in the main
                                                                                     proceedings, where he has the status of a migrant worker for
in Case C-413/01 (Reference for a preliminary ruling from                            the purposes of Article 48 of the Treaty, is not necessarily
the Verwaltungsgerichtshof): Franca Ninni-Orasche v                                  voluntarily unemployed, within the meaning established by the
 Bundesminister für Wissenschaft, Verkehr und Kunst (1)                              relevant case-law of the Court, solely because his contract of
                                                                                     employment, from the outset concluded for a fixed term, has
                                                                                     expired.
(Freedom of movement for workers — Article 48 of the EC
Treaty (now, after amendment, Article 39 EC) — Concept of
‘worker’ — Contract of employment of a short term fixed in                     (1) OJ C 84 of 6.4.2002.
advance — Retention of the status of ‘worker’ after end of
employment contract — Conditions for the grant of social
advantages within the meaning of Article 7(2) of Regulation
               (EEC) No 1612/68 — Study finance)
                                                                                                 JUDGMENT OF THE COURT
                             (2004/C 7/22)
                                                                                                         (Sixth Chamber)
                     (Language of the case: German)
                                                                                                      of 20 November 2003
(Provisional translation; the definitive translation will be published         in Case C-416/01 (Reference for a preliminary ruling from
                     in the European Court Reports)                            the Tribunal Supremo): Sociedad Cooperativa General
                                                                               Agropecuaria (ACOR) v Administración General del Esta-
                                                                               do, participant: Ebro Puleva SA, formerly Azucarera Ebro
                                                                                  Agrícolas SA and Azucareras Reunidas de Jaén SA (1)
In Case C-413/01: Reference to the Court under Article 234 EC
by the Verwaltungsgerichtshof (Austria) for a preliminary                      (Common organisation of the markets in the sugar sector —
ruling in the proceedings pending before that court between                    Reallocation or transfer of quotas — Interpretation of
Franca Ninni-Orasche and Bundesminister für Wissenschaft,                      Council Regulations (EEC) No 1785/81, (EEC) No 193/82
Verkehr und Kunst, on the interpretation of Article 48 of the                  and (EC) No 1260/2001 — Decision of competent auth-
EC Treaty (now, after amendment, Article 39 EC), the Court                     orities of a Member State, when approving a merger, to
(Sixth Chamber), composed of: J.-P. Puissochet, President of                   reallocate sugar production quotas — Sale by public auction
the Chamber, C. Gulmann, V. Skouris (Rapporteur), F. Macken                                — Transfer of quotas for consideration)
and N. Colneric, Judges; L.A. Geelhoed, Advocate General;
R. Grass, Registrar, has given a judgment on 6 November                                                    (2004/C 7/23)
2003, in which it has ruled:
                                                                                                   (Language of the case: Spanish)
1.    The fact that a national of a Member State has worked for a
      temporary period of two and a half months in the territory of            (Provisional translation; the definitive translation will be published
      another Member State, of which he is not a national, can confer                              in the European Court Reports)
      on him the status of a worker within the meaning of Article 48
      of the EC Treaty (now, after amendment, Article 39 EC)
      provided that the activity performed as an employed person is            In Case C-416/01: Reference to the Court under Article 234 EC
      not purely marginal and ancillary.                                       by the Tribunal Supremo (Spain) for a preliminary ruling in
                                                                               the proceedings pending before that court between Sociedad
      It is for the national court to carry out the examinations of fact       Cooperativa General Agropecuaria (ACOR) and Administra-
      necessary in order to determine whether that is so in the case           ción General del Estado, participant: Ebro Puleva SA, formerly
      before it. Circumstances preceding and subsequent to the period          Azucarera Ebro Agrícolas SA and Azucareras Reunidas de
      of employment, such as the fact that the person concerned:               Jaén SA, on the interpretation of Council Regulations (EEC)
                                                                               No 1785/81 of 30 June 1981 on the common organisation of
      —      took up the job only some years after his entry into the          the markets in the sugar sector (OJ 1981 L 177, p. 4), (EEC)
             host Member State,                                                No 193/82 of 26 January 1982 laying down general rules for
                                                                               transfers of quotas in the sugar sector (OJ 1982 L 21, p. 3),
      —      shortly after the end of his short, fixed-term employment         and (EC) No 1260/2001 of 19 June 2001 on the common
             relationship, became eligible for entry to university in the      organisation of the markets in the sugar sector (OJ 2001
             host Member State by virtue of having completed his               L 178, p. 1), the Court (Sixth Chamber), composed of:
             schooling in his country of origin, or                            V. Skouris (Rapporteur), acting for the President of the Sixth
 ---pagebreak--- 10.1.2004              EN                           Official Journal of the European Union                                                C 7/15
Chamber, C. Gulmann, J.N. Cunha Rodrigues, J.-P. Puissochet                 teur), F. Macken, N. Colneric and J.N. Cunha Rodrigues, Judges;
and F. Macken, Judges; J. Mischo, Advocate General; H. von                  A. Tizzano, Advocate General; R. Grass, Registrar, has given a
Holstein, Deputy Registrar, has given a judgment on 20 Nov-                 judgment on 6 November 2003, in which it:
ember 2003, in which it has ruled:
                                                                            1.    Dismisses the action.
1.   If, in the exercise of its power of administrative review of a
     merger of undertakings, the competent authority of a Member
     State deems it necessary to redistribute sugar production quotas       2.    Orders the Commission of the European Communities to pay
     among undertakings situated in its territory in order to                     the costs.
     safeguard competition, the provisions of Council Regulation
     (EEC) No 1785/81 of 30 June 1981 on the common
     organisation of the markets in the sugar sector and Council            (1) OJ C 31 of 2.2.2002.
     Regulation (EEC) No 193/82 of 26 January 1982 laying
     down general rules for transfers of quotas in the sugar sector
     preclude that authority from stipulating that such a transfer or
     reallocation of quotas should be for value.
2.   The entry into force of Council Regulation (EC) No 1260/
     2001 of 19 June 2001 on the common organisation of the
     markets in the sugar sector does not alter the interpretation of
                                                                                             JUDGMENT OF THE COURT
     Community law.
                                                                                                      (Fifth Chamber)
(1) OJ C 84 of 6.4.2002.
                                                                                                   of 6 November 2003
                                                                            in Case C-501/01: Kingdom of the Netherlands v Com-
                                                                                      mission of the European Communities (1)
                 JUDGMENT OF THE COURT
                                                                            (Commission Decision 2001/739/EC of 17 October 2001 on
                                                                            the total amount of Community aid for the eradication of
                         (Sixth Chamber)
                                                                                   classical swine fever in the Netherlands in 1998)
                      of 6 November 2003
                                                                                                       (2004/C 7/25)
in Case C-434/01: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern                                             (Language of the case: Dutch)
                             Ireland (1)
                                                                            (Provisional translation; the definitive translation will be published
(Failure of a Member State to fulfil obligations — Directive                                   in the European Court Reports)
92/43/EEC — Conservation of natural habitats — Wild
                          fauna and flora)
                           (2004/C 7/24)                                    In Case C-501/01, Kingdom of the Netherlands (Agents:
                                                                            H. G. Sevenster, C. Wissels and J. G. M. van Bakel) v
                   (Language of the case: English)                          Commission of the European Communities (Agent: T. van
                                                                            Rijn): Application for annulment of Commission Decision
                                                                            2001/739/EC of 17 October 2001 on the total amount of
                                                                            Community aid for the eradication of classical swine fever in
In Case C-434/01, Commission of the European Communities                    the Netherlands in 1998 (OJ 2001 L 277, p. 28), in so far as
(Agent: R. Wainwright) v United Kingdom of Great Britain and                the determination of the total amount of Community financial
Northern Ireland (Agents: G. Amodeo and K. Manji, assisted                  aid for the eradication of classical swine fever in the Nether-
by D. Anderson): Application for a declaration that, by not                 lands in 1998 provides for a reduction of 25 % of the
ensuring observance in its territory of Articles 12 and 16                  compensation paid to farmers, the Court (Fifth Chamber),
of Council Directive 92/43/EEC of 21 May 1992 on the                        composed of: C.W.A. Timmermans, President of the Fourth
conservation of natural habitats and of wild fauna and flora                Chamber, acting as President of the Fifth Chamber,
(OJ 1992 L 206, p. 7), the United Kingdom of Great Britain                  D.A.O. Edward (Rapporteur) and S. von Bahr, Judges; C. Stix-
and Northern Ireland has failed to fulfil its obligations under             Hackl, Advocate General; M.-F. Contet, Principal Adminis-
that directive, the Court (Sixth Chamber), composed of: J.-                 trator, for the Registrar, has given a judgment on 6 November
P. Puissochet, President of the Chamber, C. Gulmann (Rappor-                2003, in which it: