CELEX: C2003/275/19
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court of 23 September 2003 in Case C-192/01: Commission of the European Communities v Kingdom of Denmark (Failure of a Member State to fulfil obligations — Articles 28 EC and 30 EC — Prohibition on marketing of foodstuffs to which vitamins and minerals have been added — Justification — Public health — Nutritional need)

C 275/12                EN                           Official Journal of the European Union                                            15.11.2003
4.   In Case C-172/01 P, orders International Power plc to pay its           marketed in Denmark only if it is shown that such enrichment
     own costs in the proceedings before the Court of Justice                with nutrients meets a need in the Danish population, the
     and those incurred by NALOO in these proceedings. The                   Kingdom of Denmark has failed to fulfil its obligations under
     Commission of the European Communities is to pay its own                Article 28 EC, the Court, composed of: J.-P. Puissochet,
     costs.                                                                  President of the Sixth Chamber, acting for the President,
                                                                             M. Wathelet, R. Schintgen and C.W.A. Timmermans (Presi-
5.   In Case C-175/01 P, orders NALOO to pay its own costs in                dents of Chambers), C. Gulmann, A. La Pergola, F. Macken
     the proceedings before the Court of Justice and those incurred by       (Rapporteur), N. Colneric, S. von Bahr, J.N. Cunha Rodrigues
     British Coal Corporation and the Commission of the European             and A. Rosas, Judges; J. Mischo, Advocate General; H. von
     Communities in these proceedings.                                       Holstein, Deputy Registrar, has given a judgment on 23 Sep-
                                                                             tember 2003, in which it:
6.   In Case C-176/01 P, orders PowerGen (UK) plc to pay its own
     costs in the proceedings before the Court of Justice and those
                                                                             1.    Declares that by applying an administrative practice which
     incurred by NALOO in these proceedings. The Commission of
                                                                                   entails that enriched foodstuffs lawfully produced or marketed
     the European Communities is to pay its own costs.                             in other Member States can be marketed in Denmark only if it
                                                                                   is shown that such enrichment with nutrients meets a need in
7.   In Case C-180/01 P, orders each party to pay its own costs in                 the Danish population, the Kingdom of Denmark has failed to
     the proceedings before the Court of Justice.                                  fulfil its obligations under Article 28 EC.
8.   Orders the Commission of the European Communities and
                                                                             2.    Orders the Kingdom of Denmark to pay the costs.
     NALOO each to pay their own costs in the proceedings before
     the Court of First Instance. International Power plc, British
     Coal Corporation and PowerGen (UK) plc are each to pay their
                                                                             (1) OJ C 200 of 14.7.2001.
     own costs as interveners in the proceedings before the Court of
     First Instance.
(1) OJ C 200 of 14.07.2001.
                                                                                                JUDGMENT OF THE COURT
                                                                                                         (Sixth Chamber)
                 JUDGMENT OF THE COURT
                      of 23 September 2003                                                            of 11 September 2003
in Case C-192/01: Commission of the European Communi-                        in Case C-201/01 (Reference for a preliminary ruling from
                ties v Kingdom of Denmark (1)                                the Oberster Gerichtshof): Maria Walcher v Bundesamt
                                                                                  für Soziales und Behindertenwesen Steiermark (1)
(Failure of a Member State to fulfil obligations — Articles 28
EC and 30 EC — Prohibition on marketing of foodstuffs to                     (Protection of workers — Insolvency of the employer —
which vitamins and minerals have been added — Justifi-                       Scope of Directive 80/987/EEC — National case-law on
         cation — Public health — Nutritional need)                          shareholder loans in lieu of capital contributions — Total
                                                                                                        loss of entitlement)
                         (2003/C 275/19)
                                                                                                          (2003/C 275/20)
                   (Language of the case: Danish)
                                                                                                  (Language of the case: German)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                   in the European Court Reports)
In Case C-192/01, Commission of the European Communities
(Agent: H. C. Støvlbæk) v Kingdom of Denmark (Agent:
J. Molde): Application for a declaration that, by applying an                In Case C-201/01: Reference to the Court under Article 234
administrative practice which entails that enriched foodstuffs               EC by the Oberster Gerichtshof (Austria) for a preliminary
lawfully produced or marketed in other Member States may be                  ruling in the proceedings pending before that court between