CELEX: C2002/233/02
Language: en
Date: 2002-09-28 00:00:00
Title: Judgment of the Court (Fifth Chamber) 6 June 2002 in Case C-133/99: Kingdom of the Netherlands v Commission of the European Communities (EAGGF — Clearance of accounts — 1995 financial year — Aid for processing of skimmed milk into casein and caseinates)

28.9.2002               EN                       Official Journal of the European Communities                                             C 233/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       employment, on the sole ground that that student completed her
                                                                             secondary education in another Member State.
                            11 July 2002
                                                                             (1 ) OJ C 258 of 15.8.1998.
in Case C-224/98 (Reference for a preliminary ruling from
the Tribunal du travail de Liège): Marie-Nathalie D’Hoop
                v Office national de l’emploi (1)
(Citizenship of the Union — Principle of non-discrimination
— National legislation granting the right to tideover allow-                                  JUDGMENT OF THE COURT
ances to its nationals only on condition that they have
completed their secondary education in an educational estab-                                           (Fifth Chamber)
lishment in their own Member State — National seeking
first employment having completed her secondary education
                                                                                                         6 June 2002
  in an educational establishment in another Member State)
                                                                             in Case C-133/99: Kingdom of the Netherlands v Com-
                          (2002/C 233/01)                                               mission of the European Communities (1)
                    (Language of the case: French)                           (EAGGF — Clearance of accounts — 1995 financial year
                                                                             — Aid for processing of skimmed milk into casein and
(Provisional translation; the definitive translation will be published                                    caseinates)
                   in the European Court Reports)
                                                                                                       (2002/C 233/02)
In Case C-224/98: Reference to the Court under Article 177                                       (Language of the case: Dutch)
of the EC Treaty (now Article 234 EC) by the Tribunal du
travail de Liège (Belgium) for a preliminary ruling in the                   (Provisional translation; the definitive translation will be published
proceedings pending before that court between Marie-Nathalie                                    in the European Court Reports)
D’Hoop and Office national de l’emploi on the interpretation
of Article 48 of the EC Treaty (now, after amendment,
Article 39 EC) and Article 7 of Regulation (EEC) No 1612/68                  In Case C-133/99, Kingdom of the Netherlands (Agents:
of the Council of 15 October 1968 on freedom of movement                     A. Fierstra and N. Wijmenga) supported by French Republic
for workers within the Community (OJ, English Special Edition                (Agents: R. Abraham and C. Vasak) v Commission of the
1968 (II), p. 475), the Court, composed of: G.C. Rodríguez                   European Communities (Agents: T. van Rijn, K.-D. Borchardt
Iglesias, President, P. Jann (Rapporteur), F. Macken and S. von              and C. van der Hauwaert): Application for partial annulment
Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,                    of Commission Decision 1999/187/EC of 3 February 1999 on
A. La Pergola, R. Schintgen, V. Skouris, J.N. Cunha Rodrigues                the clearance of the accounts presented by the Member States
and C.W.A. Timmermans, Judges; L.A. Geelhoed, Advocate                       in respect of the expenditure for 1995 of the Guarantee
General; H. von Holstein, Deputy Registrar, has given a                      Section of the European Agricultural Guidance and Guarantee
judgment on 11 July 2002, in which it has ruled:                             Fund (OJ 1999 L 61, p. 37), in so far as it excludes the
                                                                             applicant Member State from Community financing in the
Community law precludes a Member State from refusing to grant the            sum of NLG 39 182 606 by way of aid for the processing of
tideover allowance to one of its nationals, a student seeking her first      skimmed milk into casein and caseinates, the Court (Fifth
 ---pagebreak--- C 233/2                  EN                      Official Journal of the European Communities                                         28.9.2002
Chamber), composed of: P. Jann (Rapporteur), President of the               preliminary ruling in the proceedings pending before that
Chamber, D.A.O. Edward, A. La Pergola, M. Wathelet and                      court between Liberexim BV and Staatssecretaris van Financiën
C.W.A. Timmermans, Judges; J. Mischo, Advocate General;                     on the interpretation of Article 7(3) of the Sixth Council
H.A. Rühl, Principal Administrator, for the Registrar, has given            Directive (77/338/EEC) of 17 May 1977 on the harmonisation
a judgment on 6 June 2002, in which it:                                     of the laws of the Member States relating to turnover taxes —
                                                                            Common system of value added tax: uniform basis of assess-
                                                                            ment (OJ 1977 L 145, p. 1), as amended by Council Directive
1.    Annuls Commission Decision 1999/187/EC of 3 February
                                                                            92/111/EEC of 14 December 1992 amending Directive 77/
      1999 on the clearance of the accounts presented by the Member
                                                                            388 and introducing simplification measures with regard to
      States in respect of the expenditure for 1995 of the Guarantee
                                                                            value added tax (OJ 1992 L 384, p. 47), the Court (Fifth
      Section of the European Agricultural Guidance and Guarantee
      Fund, in so far as it excludes the Kingdom of the Netherlands         Chamber), composed of: P. Jann, President of the Chamber,
                                                                            D.A.O. Edward and A. La Pergola (Rapporteur), Judges;
      from Community financing in the sum of NLG 32 746 529 by
                                                                            J. Mischo, Advocate General; H. von Holstein, Deputy Regis-
      way of aid for the processing of skimmed milk into casein and
                                                                            trar, has given a judgment on 11 July 2002, in which it has
      caseinates;
                                                                            ruled:
2.    Dismisses the remainder of the action by the Kingdom of the
      Netherlands;
3.    Orders the Commission of the European Communities to pay
      five sixths of the costs and the Kingdom of the Netherlands to
      pay one sixth of the cost;                                            1.    Where goods, transported by road under the external Com-
                                                                                  munity transit arrangements, are placed on the Community
                                                                                  market after a number of irregularities have been committed in
4.    Orders the French Republic to bear its own costs.
                                                                                  respect of those goods in various Member States, the goods
                                                                                  cease to be covered by those arrangements within the meaning
( 1) OJ C 226 of 7.8.1999.                                                        of Article 7(3) of the Sixth Council Directive 77/388/EEC of
                                                                                  17 May 1977 on the harmonisation of the laws of the Member
                                                                                  States relating to turnover taxes — Common system of value
                                                                                  added tax: uniform basis of assessment, as amended by Council
                                                                                  Directive 92/111/EEC of 14 December 1992 amending
                                                                                  Directive 77/388 and introducing simplification measures with
                                                                                  regard to value added tax, on the territory of the Member State
                                                                                  where the first operation which can be regarded as a removal of
                  JUDGMENT OF THE COURT                                           the goods from customs supervision was carried out.
                           (Fifth Chamber)
                                                                                  Any act or omission which prevents, if only for a short time,
                             11 July 2002                                         the competent customs authority from gaining access to goods
                                                                                  under customs supervision and from monitoring them as
                                                                                  provided for by the Community customs provisions must be
in Case C-371/99 (Reference for a preliminary ruling                              regarded as a removal of the goods in question from customs
from the Hoge Raad der Nederlanden): Liberexim BV v                               supervision.
                Staatssecretaris van Financiën ( 1)
(Sixth VAT Directive — Importation by removal of goods
from customs arrangements — Transport by road under
the TIR arrangements or the external Community transit                      2.    Removal of goods from customs supervision does not require
arrangements — Changing of tractor — Unloading of trailer                         intent, but, instead, only that certain objective conditions be
and destruction of seals — Removal of goods from customs                          met.
                              supervision)
                           (2002/C 233/03)
                     (Language of the case: Dutch)                          (1 ) OJ C 366 of 18.12.1999.
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
In Case C-371/99: Reference to the Court under Article 234
EC by the Hoge Raad der Nederlanden (Netherlands) for a