CELEX: C2000/355/06
Language: en
Date: 2000-12-09 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 12 October 2000 in Case C-372/98 (reference for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Divisional Court) (United Kingdom): The Queen v Ministry of Agriculture, Fisheries and Food (Common Agricultural Policy — Regulation (EEC) No 1765/92 — Regulation (EC) No 762/94 — Aids linked to the area down to arable crops and set-side — Meaning of an "area which has been cultivated in the previous year with a view to harvest")

C 355/4                 EN                      Official Journal of the European Communities                                          9.12.2000
2.   National rules concerning the determination of the date on            Justice (England & Wales), Queen’s Bench Division (Divisional
     which a vehicle was first authorised for use on the public            Court) (United Kingdom) for a preliminary ruling in the
     highway, such as the Regeling houdende vaststelling van regels        proceedings pending before that court between The Queen
     omtrent de wijze waarop de datum van eerste toelating tot de          and Ministry of Agriculture, Fisheries and Food, ex parte:
     openbare weg op het kentekenbewijs, dan wel het registratiebe-        J.H. Cooke & Sons — on the interpretation of the first
     wijs van een voertuig wordt bepaald, do not fall within the           paragraph of Article 2 of Commission Regulation (EC)
     scope of Directive 83/189, as amended by Directive 88/182.            No 762/94 of 6 April 1994 laying down detailed rules for the
                                                                           application of Council Regulation (EEC) No 1765/92 with
3.   National rules which provide that the date on which an                regard to the set-side scheme (OJ 1994 L 90, p. 8) — the Court
     imported vehicle was first authorised for use on the public           (Sixth Chamber), composed of: C. Gulmann, President of the
     highway is to be fixed at the date on which its registration          Chamber, V. Skouris and R. Schintgen (Rapporteur), Judges;
     certificate was issued only where the vehicle has not been            P. Léger, Advocate General; H. von Holstein, Deputy Registrar,
     registered for more than two days in another Member State             has given a judgment on 12 October 2000, in which it has
     constitute a measure having an effect equivalent to a quantitative    ruled:
     restriction on imports for the purposes of Article 30 of the EC
     Treaty (now, after amendment, Article 28 EC).                         The first paragraph of Article 2 of Commission Regulation (EC)
                                                                           No 762/94 of 6 April 1994 laying down detailed rules for the
4.   Such national rules may, in spite of their restrictive effects on     application of Council Regulation (EEC) No 1765/92 with regard
     the free movement of goods, be justified by imperative require-       to the set-aside scheme must be interpreted as meaning that the
     ments such as road safety and/or protection of the environment        expression ‘an area which has been cultivated in the previous year
     if it can be shown that the resulting restriction is necessary to     with a view to a harvest’ covers land previously under grass that has
     ensure road safety and/or protection of the environment and           subsequently been cut and used for silage.
     that the restriction is not disproportionate to those objectives,
     particularly in the sense that no other, less restrictive, measures
                                                                           (1) OJ C 397 of 19.12.1998.
     are available.
(1) OJ C 327 of 24.10.1998.
                                                                                            JUDGMENT OF THE COURT
                                                                                                    (Sixth Chamber)
                                                                                                  of 12 October 2000
                 JUDGMENT OF THE COURT
                                                                           in Case C-480/98: Kingdom of Spain v Commission of the
                          (Sixth Chamber)                                                     European Communities (1)
                                                                           (State aid — Aid granted to undertakings in the Magefesa
                       of 12 October 2000
                                                                                                          group)
in Case C-372/98 (reference for a preliminary ruling from                                            (2000/C 355/07)
the High Court of Justice (England & Wales), Queen’s
Bench Division (Divisional Court) (United Kingdom): The
  Queen v Ministry of Agriculture, Fisheries and Food (1)                                     (Language of the case: Spanish)
(Common Agricultural Policy — Regulation (EEC)                             (Provisional translation; the definitive translation will be published
No 1765/92 — Regulation (EC) No 762/94 — Aids linked                                          in the European Court Reports)
to the area down to arable crops and set-side — Meaning of
an ‘area which has been cultivated in the previous year with
                         a view to harvest’)                               In Case C-480/98: Kingdom of Spain (Agent: R. Silva de
                                                                           Lapuerta) v Commission of the European Communities
                                                                           (Agents: G. Rozet and R. Vidal Puig) — application for
                          (2000/C 355/06)                                  annulment of Commission Decision 1999/509/EC of 14 Octo-
                                                                           ber 1998 concerning aid granted by Spain to companies in the
                                                                           Magefesa group and their successors (OJ 1999 L 198, p. 15)
                   (Language of the case: English)                         — the Court (Sixth Chamber), composed of: C. Gulmann,
                                                                           President of the Chamber, V. Skouris and J.-P. Puissochet
                                                                           (Rapporteur), Judges; J. Mischo, Advocate General; H.A. Rühl,
In Case C-72/98: reference to the Court under Article 177 of               Principal Administrator, for the Registrar, has given a judgment
the EC Treaty (now Article 234 EC) from the High Court of                  on 12 October 2000, in which it: