CELEX: C2003/200/09
Language: en
Date: 2003-08-23 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 3 July 2003 in Case C-156/01 (Reference for a preliminary ruling from the Centrale Raad van Beroep (Netherlands): R.P. van der Duin v Onderlinge Waarborgmaatschappĳ ANOZ Zorgverzekeringen UA, and between Onderlinge Waarborgmaatschappĳ ANOZ Zorgverzekeringen UA and T.W. van Wegberg-van Brederode (Social security — Pensioners and members of their family residing in a Member State other than the State liable for payment of the pension — Medical costs incurred in the Member State liable for payment of the pension — Conditions for assumption of responsibility — Competent Member State and competent institution — Articles 21, 22, 28 and 31 of Regulation (EEC) No 1408/71)

23.8.2003                EN                           Official Journal of the European Union                                                 C 200/5
2.    Annuls the decision of the Commission of the European                         1996 marketing campaign, calculated on the period February
      Communities contained in its letter to the Council of European                1997 to December 2000;
      Municipalities and Regions (CEMR) of 15 February 1999,
      effecting set-off of their mutual claims;                               2.    Ordered the Hellenic Republic and the Commission of the
                                                                                    European Communities to bear their own costs;
3.    Orders the Commission to bear its own costs and to pay those
      incurred by the Council of European Municipalities and Regions          3.    Ordered the Federal Republic of Germany and the Kingdom of
      (CEMR) both at first instance and in connection with the                      Spain to bear their own costs.
      appeal.
                                                                              (1) OJ C 173 of 16.6.2001.
(1) OJ C 150 of 19.5.2001.
                                                                                                JUDGMENT OF THE COURT
                   JUDGMENT OF THE COURT
                                                                                                         (Fifth Chamber)
                            (Sixth Chamber)
                                                                                                          of 3 July 2003
                            of 12 June 2003
                                                                              in Case C-156/01 (Reference for a preliminary ruling from
in Case C-148/01: Hellenic Republic v Commission of the                       the Centrale Raad van Beroep (Netherlands): R.P. van der
                      European Communities (1)                                Duin v Onderlinge Waarborgmaatschappij ANOZ Zorgver-
                                                                              zekeringen UA, and between Onderlinge Waarborg-
                                                                              maatschappij ANOZ Zorgverzekeringen UA and T.W. van
(EAGGF — Clearing of accounts — Additional levy on milk                                           Wegberg-van Brederode (1)
— Late payment interest — Application for partial annul-
                  ment of Decision 2001/137/EC)
                                                                              (Social security — Pensioners and members of their family
                                                                              residing in a Member State other than the State liable for
                            (2003/C 200/08)                                   payment of the pension — Medical costs incurred in the
                                                                              Member State liable for payment of the pension — Condi-
                      (Language of the case: Greek)                           tions for assumption of responsibility — Competent Member
                                                                              State and competent institution — Articles 21, 22, 28 and
                                                                                            31 of Regulation (EEC) No 1408/71)
(Provisional translation; the definitive translation will be published in
                       the European Court Reports)
                                                                                                         (2003/C 200/09)
                                                                                                   (Language of the case: Dutch)
In Case C-148/01: Hellenic Republic (Agent: V. Kontolaimos
and C. Tsiavou) supported by Federal Republic of Germany
(Agents: W.-D. Plessing and M. Lumma) and Kingdom of Spain                    (Provisional translation; the definitive translation will be published in
(Agent: M. López-Monís Gallego, subsequently S. Ortiz                                               the European Court Reports)
Vaamonde) against Commission of the European Communities
(Agent: M. Condou-Durande — application for partial annul-
ment of Commission Decision 2001/137/EC of 5 February
                                                                              In Case C-156/01: Reference to the Court under Article 234
2001 excluding from Community financing certain expenditure
                                                                              EC by the Centrale Raad van Beroep (Netherlands) for a
incurred by the Member States under the Guarantee Section of
                                                                              preliminary ruling in the proceedings pending before that
the European Agricultural Guidance and Guarantee Fund
                                                                              court between R.P. van der Duin and Onderlinge Waarborg-
(EAGGF) (OJ 2001 L 50, p. 9) — the Court (Sixth Chamber),
                                                                              maatschappij ANOZ Zorgverzekeringen UA, and between
composed of J.-P. Puissochet, President of the Chamber,
                                                                              Onderlinge Waarborgmaatschappij ANOZ Zorgverzekeringen
R. Schintgen and V. Skouris, F. Macken and J. N. Cunha
                                                                              UA and T. W. van Wegberg-van Brederode on the interpreta-
Rodrigues (Rapporteur), Judges; L. A. Geelhoed, Advocate
                                                                              tion of Articles 21, 22(1)(c), 28 and 31 of Council Regulation
General; R. Grass, Registrar, gave a judgment on 12 June
                                                                              (EEC) No 1408/71 of 14 June 1971 on the application of
2003, in which it:
                                                                              social security schemes to employed persons and their families
                                                                              moving within the Community, as amended and updated by
1.    Annulled Commission Decision 2001/137/EC of 5 February                  Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ
      2001 excluding from Community financing certain expenditure             1983 L 230, p. 6), the Court (Fifth Chamber), composed of:
      incurred by the Member States under the Guarantee Section of            M. Wathelet, President of the Chamber, C. W. A. Timmermans,
      the European Agricultural Guidance and Guarantee Fund                   A. La Pergola (Rapporteur), P. Jann and S. von Bahr, Judges;
      (EAGGF) in so far as it imposed on the Hellenic Republic a              D. Ruiz-Jarabo Colomer, Advocate General; M.-F. Contet, Prin-
      financial adjustment by way of late payment interest accruing           cipal Administrator for the Registrar, has given a judgment on
      on the late payment of the additional levy due for the 1995/            3 July 2003, in which it has ruled:
 ---pagebreak--- C 200/6                 EN                            Official Journal of the European Union                                                23.8.2003
1.    Article 22(1)(c) and (i) of Council Regulation (EEC) No 1408/           M.       Wathelet,       R.      Schintgen        (Rapporteur)       and
      71 of 14 June 1971 on the application of social security                C. W. A. Timmermans (Presidents of Chambers), C. Gulmann,
      schemes to employed persons and their families moving within            D. A. O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,
      the Community, as amended and updated by Council Regula-                N. Colneric, S. von Bahr and J. N. Cunha Rodrigues, Judges;
      tion (EEC) No 2001/83 of 2 June 1983 must be interpreted                L. A. Geelhoed, Advocate General; M.-F. Contet, Principal
      as also applying to a pensioner and members of his family who           Administrator, for the Registrar, has given a judgment on
      reside in a Member State other than the one which is liable for         10 July 2003, in which it has ruled:
      payment of that pension, and who benefit on that basis,
      following their registration with the institution of the place of
      residence, from the system laid down by Article 28 of that              Article 9 of and Annex II to the Staff Regulations of Official of the
      regulation, where those socially insured persons wish to go to          European Communities and Article 79 of the Conditions of Employ-
      the Member State liable for payment of the pension in order to          ment of Other Servants of the European Communities must be
      receive medical treatment there.                                        interpreted as precluding the application to the local staff employed in
                                                                              the representation of the Commission of the European Communities in
                                                                              Vienna (Austria) of the Austrian legislation on labour relations in
2.    The institution competent to issue the prior authorisation              establishments in Part II of the Bundesgesetz betreffend die Arbeitsver-
      mentioned in the said Article 22(1)(c) and (i) where the                fassung (Arbeitsverfassungsgesetz) (Federal law on labour relations) of
      application for authorisation concerns socially insured persons         13 December 1973.
      in such a position is the institution of the place of residence of
      the persons concerned.
                                                                              (1) OJ C 200 of 14.7.2001.
(1) OJ C 200 of 14.7.2001.
                                                                                                JUDGMENT OF THE COURT
                   JUDGMENT OF THE COURT
                                                                                                          (First Chamber)
                           of 10 July 2003
                                                                                                         of 19 June 2003
in Case C-165/01 (Reference for a preliminary ruling from
the Oberster Gerichtshof): Betriebsrat der Vertretung der                     in Case C-467/01 (reference for a preliminary ruling from
Europäischen Kommission in Österreich v European                              the Corte d'appello di Genova): Ministero delle Finanze v
Communities, Commission of the European Commu-                                                           Eribrand SpA (1)
                                nities (1)
                                                                              (Export refunds — Articles 47 and 48 of Regulation (EEC)
(Staff Regulations of Officials of the European Communities                               No 3665/87 — Extension of time-limits)
— Conditions of Employment of Other Servants — Local
staff — Representation of the Commission in Austria —
Applicability of national legislation concerning the represen-                                           (2003/C 200/11)
        tation of workers and defence of their interests)
                                                                                                   (Language of the case: Italian)
                           (2003/C 200/10)
                                                                              (Provisional translation; the definitive translation will be published in
                    (Language of the case: German)                                                  the European Court Reports)
(Provisional translation; the definitive translation will be published in
                      the European Court Reports)                             In Case C-467/01: reference to the Court under Article 234 EC
                                                                              from the Corte d'appello di Genova (Italy) for a preliminary
                                                                              ruling in the proceedings pending before that court between
                                                                              Ministero delle Finanze and Eribrand SpA, formerly Eurico
In Case C-165/01: Reference to the Court under Article 234                    Italia SpA — on the interpretation of Articles 47 and 48 of
EC by the Oberster Gerichtshof (Austria) for a preliminary                    Commission Regulation (EEC) No 3665/87 of 27 November
ruling in the proceedings pending before that court between                   1987 laying down common detailed rules for the application
Betriebsrat der Vertretung der Europäischen Kommission in                     of the system of export refunds on agricultural products (OJ
Österreich and European Communities, Commission of the                        1987 L 351, p. 1), as amended by Commission Regulation (EC)
European Communities, on the interpretation of Article 9 of                   No 1829/94 of 26 July 1994 (OJ 1994 L 191, p. 5) — the
and Annex II to the Staff Regulations of Officials of the                     Court (First Chamber), composed of M. Wathelet, President of
European Communities and Article 79 of the Conditions of                      the Chamber, P. Jann and A. Rosas (Rapporteur), Judges;
Employment of Other Servants of the European Communities,                     C. Stix-Hackl, Advocate General; R. Grass, Registrar, gave a
the Court, composed of: G. C. Rodríguez Iglesias, President,                  judgment on 19 June 2003, in which it held that: