CELEX: C2001/079/07
Language: en
Date: 2001-03-10 00:00:00
Title: Judgment of the Court (Third Chamber) of 30 November 2000 in Case C-422/99: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Failure to implement Directive 97/51/EC)

C 79/4                  EN                      Official Journal of the European Communities                                          10.3.2001
for the grant of private storage aid fixed at a standard rate in           5.    On a proper construction of Regulation No 2675/88, of
advance in respect of carcases, half-carcases, hindquarters and                  Commission Regulation (EEC) No 1091/80 of 2 May 1980
forequarters from adult male bovine animals (OJ 1988 L 239,                      laying down detailed rules for granting private storage aid for
p. 20), as amended by Commission Regulation (EEC) No                             beef and veal and of Commission Regulation (EEC) No
3258/88 of 21 October 1988 (OJ 1988 L 289, p. 52) — the                          2220/85 of 22 July 1985 laying down common detailed rules
Court (Fifth Chamber), composed of: A. La Pergola, President                     for the application of the system of securities for agricultural
of the Chamber, D.A.O. Edward and L. Sevón (Rapporteur),                        products, as amended by Commission Regulation (EEC)
Judges; G. Cosmas, Advocate General; H.A. Rühl, Principal                        No 1181/87 of 29 April 1987, where the competent authority
Administrator, for the Registrar, has given a judgment on                        establishes that a carton of meat subject to the scheme covered
30 November 2000, in which it has ruled:                                         by Regulation No 2675/88 contains items prohibited by
                                                                                 Article 4(4) thereof, such as trimmings or separate pieces of fat
                                                                                 rolled up within pieces of meat, those regulations permit it to
                                                                                 hold that the entire contents of the carton do not qualify for
1.   On a proper construction of Article 1 of Commission Regulation              private storage aid and to forfeit the security given for the
     (EEC) No 1964/82 of 20 July 1982 laying down the                            advance payment made in respect of that carton plus 20 %.
     conditions for granting special export refunds on certain cuts of
     boned meat of bovine animals, as amended by Commission                6.    On a proper construction of the Community regulations, where
     Regulation (EEC) No 3169/87 of 23 October 1987 amending                     checks relating to cartons of meat reveal evidence in particular
     Regulations (EEC) No 32/82, (EEC) No 1964/82 and (EEC)                      production plants of a deliberate and persistent policy of
     No 74/84 in the matter of customs export formalities for                    infringement of Regulations No 1964/82 and No 2675/88,
     certain beef on which special refunds are granted, every piece of           the competent authority may extrapolate the results of those
     meat had to be individually wrapped, whatever its size, weight              checks across the production of the production plants in
     and nature, and without distinguishing, in particular, between              question.
     scraps and trimmings.
                                                                           7.    Where the sampling checks have revealed evidence of a deliberate
                                                                                 and persistent policy of storing material which does not qualify
                                                                                 for the private storage aid scheme by virtue of Article 4(4) of
2.   On a proper construction of Articles 7 and 8 of the same                    Regulation No 2675/88, the competent authority is permitted
     regulation, the Member States had the right to exclude from                 to refuse to grant private storage aid and to forfeit the security
     entitlement to special export refunds trimmings whose weight                in its entirety, pursuant to Article 5(2)(c) of Regulation
     was below a certain limit, such as a limit of 100 grams.                    No 1091/80, in respect of the whole of the material to which
                                                                                 it has extrapolated the results of the check.
3.   On a proper construction of Article 4(4) of Commission                (1) OJ C 48 of 20.2.1999.
     Regulation (EEC) No 2675/88 of 29 August 1988 providing
     for the grant of private storage aid fixed at a standard rate in
     advance in respect of carcases, half-carcases, hindquarters and
     forequarters from adult male bovine animals, as amended by
     Commission Regulation (EEC) No 3258/88 of 21 October
     1988, trimmings left over from cutting or boning, whatever
     their weight, did not qualify for private storage aid under                             JUDGMENT OF THE COURT
     contracts entered into pursuant to that regulation.
                                                                                                     (Third Chamber)
                                                                                                  of 30 November 2000
4.   On a proper construction of Regulation No 1964/82, of
     Council Regulation (EEC) No 565/80 of 4 March 1980 on                 in Case C-422/99: Commission of the European Communi-
     the advance payment of export refunds in respect of agricultural                            ties v Italian Republic (1)
     products, as amended by Council Regulation (EEC) No
     2026/83 of 18 July 1983, and of Commission Regulation
                                                                           (Failure of a Member State to fulfil its obligations — Failure
     (EEC) No 3665/87 of 27 November 1987 laying down
                                                                                           to implement Directive 97/51/EC)
     common detailed rules for the application of the system
     of export refunds on agricultural products, as amended by
     Commission Regulation (EEC) No 3494/88 of 9 November                                              (2001/C 79/07)
     1988 and Commission Regulation (EEC) No 3993/88 of
     21 December 1988, where the competent authority establishes                                (Language of the case: Italian)
     that a carton of meat subject to the scheme covered by
     Regulation No 1964/82 contains items prohibited by the
     legislation, whether trimmings rolled up within other pieces of       (Provisional translation; the definitive translation will be published
     meat, separate pieces of fat rolled up within pieces of meat, or                          in the European Court Reports)
     non-individually wrapped pieces of meat, those regulations
     permit it to hold that the entire contents of the carton do not       In Case C-422/99: Commission of the European Communities
     qualify for special export refunds and to forfeit the security given  (Agents: C. Schmidt and G. Bisogni) v Italian Republic (Agent:
     for the advance payment made in respect of that carton plus           Professor U. Leanza, assisted by I.M. Braguglia) — application
     20 %.                                                                 for a declaration that, by failing to adopt or, in any event, by
 ---pagebreak--- 10.3.2001                 EN                     Official Journal of the European Communities                                          C 79/5
failing to communicate to the Commission the laws, regu-                    D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevón and
lations and administrative provisions necessary to comply with              R. Schintgen, Judges; A. Saggio, Advocate General; H. von
Directive 97/51/EC of the European Parliament and of the                    Holstein, Deputy Registrar, for the Registrar, has given a
Council of 6 October 1997 amending Council Directives                       judgment on 5 December 2000, in which it has ruled:
90/387/EEC and 92/44/EEC for the purpose of adaptation to
a competitive environment in telecommunications (OJ 1997
L 295, p. 23), the Italian Republic has failed to fulfil its                Article 30 of the EC Treaty (now, after amendment, Article 28 EC)
obligations under that directive — the Court (Third Chamber),               precludes a Member State from applying to products imported from
composed of: C. Gulmann (Rapporteur), President of the                      another Member State, where they are lawfully produced and
Chamber, J.-P. Puissochet and F. Macken, Judges; S. Alber,                  marketed, a national rule prohibiting the marketing of a cheese
Advocate General; R. Grass, Registrar, has given a judgment                 without rind under the designation ‘Emmenthal’ in that Member
on 30 November 2000, in which it:                                           State.
1.    Declares that, by failing to adopt, within the prescribed period,
      the laws, regulations and administrative provisions necessary to      (1) OJ C 33 of 6.2.1999.
      comply with Directive 97/51/EC of the European Parliament
      and of the Council of 6 October 1997 amending Council
      Directives 90/387/EEC and 92/44/EEC for the purpose of
      adaptation to a competitive environment in telecommunications,
      the Italian Republic has failed to fulfil its obligations under
      that directive;
2.    Orders the Italian Republic to pay the costs.
                                                                                             JUDGMENT OF THE COURT
(1) OJ C 20 of 22.1.2000.
                                                                                                  of 5 December 2000
                                                                            in Case C-477/98 (reference for a preliminary ruling from
                                                                            the Court of Appeal in Northern Ireland): Eurostock Meat
                                                                            Marketing Ltd v Department of Agriculture for Northern
                                                                                                        Ireland (1)
                  JUDGMENT OF THE COURT
                                                                            (Agriculture — Animal health — National emergency
                         of 5 December 2000                                 measures against bovine spongiform encephalopathy —
                                                                                                 Specified risk material)
in Case C-448/98 (reference for a preliminary ruling
from the Tribunal de Police, Belley, France): criminal                                               (2001/C 79/09)
         proceedings against Jean-Pierre Guimont (1)
(Measures having equivalent effect to a quantitative restric-                                  (Language of the case: English)
tion — Purely internal situation — Manufacture and
         marketing of Emmenthal cheese without rind)
                                                                            In Case C-477/98: reference to the Court under Article 177 of
                                                                            the EC Treaty (now Article 234 EC) from the Court of Appeal
                            (2001/C 79/08)
                                                                            in Northern Ireland (United Kingdom) for a preliminary
                                                                            ruling in the proceedings pending before that court between
                                                                            Eurostock Meat Marketing Ltd and Department of Agriculture
                      (Language of the case: French)                        for Northern Ireland — on the interpretation of Article 9
                                                                            of Council Directive 89/662/EEC of 11 December 1989
                                                                            concerning veterinary checks in intra-Community trade with a
(Provisional translation; the definitive translation will be published      view to the completion of the internal market (OJ 1989 L 395,
                    in the European Court Reports)                          p. 13), Commission Decision 97/534/EC of 30 July 1997 on
                                                                            the prohibition of the use of material presenting risks as
In Case C-448/98: reference to the Court under Article 177 of               regards transmissible spongiform encephalopathies (OJ 1997
the EC Treaty (now Article 234 EC) from the Tribunal de                     L 216, p. 95) and Article 36 of the EC Treaty (now, after
Police (Local Criminal Court), Belley, (France) for a preliminary           amendment, Article 30 EC) — the Court, composed of:
ruling in the criminal proceedings before that court against                G.C. Rodrı́guez Iglesias, President, C. Gulmann, A. La Pergola,
Jean-Pierre Guimont — on the interpretation of Articles 3(a)                M. Wathelet and V. Skouris (Presidents of Chambers),
and 30 et seq. of the EC Treaty (now, after amendment,                      D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevón (Rapporteur),
Articles 3(1)(a) EC and 28 EC et seq.) — the Court, composed                R. Schintgen and F. Macken, Judges; S. Alber, Advocate
of: G.C. Rodrı́guez Iglesias, President, C. Gulmann (Rappor-                General; L. Hewlett, Administrator, for the Registrar, has given
teur), M. Wathelet and V. Skouris (Presidents of Chambers),                 a judgment on 5 December 2000, in which it has ruled: