CELEX: C2003/044/17
Language: en
Date: 2003-02-22 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 16 January 2003 in Case C-462/01 (Reference for a preliminary ruling from the Halmstads tingsrätt): Ulf Hammarsten (Common organisation of the markets in the flax and hemp sector — Articles 28 EC and 30 EC — National legislation prohibiting all cultivation and possession of hemp without prior authorisation)

22.2.2003                EN                           Official Journal of the European Union                                                   C 44/9
1.    Declares that, by allowing discriminatory, advantageous rates           1.    In the case of transport by more than one driver, Article 8(2) of
      for admission to museums, monuments, galleries, archaeological                Council Regulation (EEC) No 3820/85 on the harmonisation
      digs, parks and gardens classified as public monuments, granted               of certain social legislation relating to road transport applies as
      by local or decentralised State authorities only in favour of                 a lex specialis that prevails over paragraph 1 of that article.
      Italian nationals and persons resident within the territory of                Consequently, those provisions are not to be applied cumulat-
      those authorities running the cultural sites in question, who are             ively.
      aged over 60 or 65 years, and by excluding from such
      advantages tourists who are nationals of other Member                   2.    The same interpretation applies to Article 8(1) and (2) of the
      States and non-residents who fulfil the same objective age                    European Agreement concerning the Work of Crews of Vehicles
      requirements, the Italian Republic has failed to fulfil its                   engaged in International Road Transport (AETR).
      obligations under Articles 12 EC and 49 EC;
                                                                              3.    It is for the national court to determine, having regard to the
2.    Orders the Italian Republic to pay the costs.                                 facts of the main proceedings, whether it is appropriate to apply
                                                                                    the provisions of Regulation No 3820/85 or those of that
                                                                                    agreement.
( 1) OJ C 348 of 8.12.2001.
                                                                              4.    Examination of Article 8(1) and (2) of Regulation No 3820/
                                                                                    85 in the light of the principle of legal certainty has failed to
                                                                                    disclose any matters of such a kind as to affect its validity.
                                                                              (1 ) OJ C 31 of 2.2.2002.
                  JUDGMENT OF THE COURT
                           (Fifth Chamber)
                         of 16 January 2003
                                                                                                JUDGMENT OF THE COURT
in Case C-439/01 (Reference for a preliminary ruling from
the Unabhängiger Verwaltungssenat im Land Niederöster-
reich): Libor Cipra Vlastimil Kvasnicka v Bezirk-                                                        (Fifth Chamber)
                shauptmannschaft Mistelbach (1)
                                                                                                       of 16 January 2003
(Road transport — Social legislation — Regulation (EEC)
No 3820/85 — Breaks and rest periods — Crew consisting                        in Case C-462/01 (Reference for a preliminary ruling from
of more than one driver — Jurisdiction of the Court                                    the Halmstads tingsrätt): Ulf Hammarsten ( 1)
to interpret the AETR Agreement — Principle of legal
                               certainty)
                                                                              (Common organisation of the markets in the flax and hemp
                                                                              sector — Articles 28 EC and 30 EC — National legislation
                            (2003/C 44/16)                                    prohibiting all cultivation and possession of hemp without
                                                                                                       prior authorisation)
                   (Language of the case: German)
                                                                                                          (2003/C 44/17)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                                (Language of the case: Swedish)
                                                                              (Provisional translation; the definitive translation will be published
In Case C-439/01: Reference to the Court under Article 234                                        in the European Court Reports)
EC by the Unabhängiger Verwaltungssenat im Land Niederös-
terreich (Austria) for a preliminary ruling in the proceedings
pending before that court between Libor Cipra Vlastimil
Kvasnicka and Bezirkshauptmannschaft Mistelbach, on the                       In Case C-462/01: Reference to the Court under Article 234
interpretation and validity of Article 8(1) and (2) of Council                EC by the Halmstads tingsrätt (Sweden) for a preliminary ruling
Regulation (EEC) No 3820/85 of 20 December 1985 on the                        in criminal proceedings before it against Ulf Hammarsten on
harmonisation of certain social legislation relating to road                  the interpretation of Articles 28 EC and 30 EC and of
transport (OJ 1985 L 370, p. 1), the Court (Fifth Chamber),                   the Community legislation applicable to the cultivation and
composed of: M. Wathelet, President of the Chamber,                           marketing of hemp, the Court (Fifth Chamber), composed of:
D.A.O. Edward, A. La Pergola, S. von Bahr and A. Rosas                        M. Wathelet, President of the Chamber, D.A.O. Edward, A. La
(Rapporteur), Judges; S. Alber, Advocate General; R. Grass,                   Pergola (Rapporteur), P. Jann and A. Rosas, Judges; C. Stix-
Registrar, has given a judgment on 16 January 2003, in which                  Hackl, Advocate General; R. Grass, Registrar, has given a
it has ruled:                                                                 judgment on 16 January 2003, in which it has ruled:
 ---pagebreak--- C 44/10                   EN                            Official Journal of the European Union                                         22.2.2003
Regulation (EEC) No 1308/70 of the Council of 29 June 1970 on                   2.    Orders the Kingdom of Spain to pay the costs.
the common organisation of the market in flax and hemp, as amended
by Council Regulation (EC) No 2826/2000 of 19 December 2000
on information and promotion actions for agricultural products on               (1 ) OJ C 68 of 16.3.2002.
the internal market and Regulation (EEC) No 619/71 of the Council
of 22 March 1971 laying down general rules for granting aid for
flax and hemp, as amended by Council Regulation (EC) No 1420/
98 of 26 June 1998, must be interpreted so precluding national
legislation which has the effect of prohibiting the cultivation and
possession of industrial hemp covered by those regulations.
( 1) OJ C 84 of 6.4.2002.
                                                                                                  JUDGMENT OF THE COURT
                                                                                                         (First Chamber)
                                                                                                        of 16 January 2003
                   JUDGMENT OF THE COURT
                              (First Chamber)                                   in Case C-63/02: Commission of the European Communi-
                                                                                ties v United Kingdom of Great Britain and Northern
                                                                                                             Ireland ( 1)
                          of 16 January 2003
in Case C-29/02: Commission of the European Communi-                            Failure of a Member State to fulfil its obligations — Failure
                     ties v Kingdom of Spain ( 1)                                               to implement Directive 98/83/EC)
(Failure of a Member State to fulfil its obligations — Failure                                            (2003/C 44/19)
                 to transpose Directive 98/83/EC)
                              (2003/C 44/18)                                                        (Language of the case: English)
                     (Language of the case: Spanish)
(Provisional translation; the definitive translation will be published          In Case C-63/02, Commission of the European Communities
                     in the European Court Reports)                             (Agent: M. Shotter) v United Kingdom of Great Britain and
                                                                                Northern Ireland (Agents: P. Ormond, assisted by M. Demetri-
                                                                                ou, barrister): Application for a declaration that, by failing to
                                                                                adopt for Northern Ireland and Wales all the laws, regulations
                                                                                and administrative provisions necessary to comply with
In Case C-29/02, Commission of the European Communities
                                                                                Council Directive 98/83/EC of 3 November 1998 on the
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent:
                                                                                quality of water intended for human consumption (OJ 1998
L. Fraguas Gadea): Application for a declaration that, by failing
to adopt or, in any event, to communicate to the Commission                     L 330, p. 32) or, in any event, by failing to notify such
                                                                                provisions to the Commission, the United Kingdom of Great
the laws, regulations and administrative provisions necessary
                                                                                Britain and Northern Ireland has failed to fulfil its obligations
to comply with Council Directive 98/83/EC of 3 November
1998 on the quality of water intended for human consumption                     under Article 17(1) and (2) of that directive, the Court
                                                                                (First Chamber), composed of: M. Wathelet, President of the
(OJ 1998 L 330, p. 32), the Kingdom of Spain has failed to
fulfil its obligations under that directive, the Court (First                   Chamber, P. Jann and A. Rosas (Rapporteur), Judges; S. Alber,
                                                                                Advocate General; R. Grass, Registrar, has given a judgment
Chamber), composed of: M. Wathelet, President of the Chamb-
                                                                                on 16 January 2003, in which it:
er, P. Jann and A. Rosas (Rapporteur), Judges; S. Alber,
Advocate General; R. Grass, Registrar, has given a judgment
on 16 January 2003, in which it:
                                                                                1.    Declares that, by failing to adopt for Northern Ireland and
                                                                                      Wales all the laws, regulations and administrative provisions
1.     Declares that, by failing to adopt the laws, regulations and                   necessary to comply with Council Directive 98/83/EC of
       administrative provisions necessary to comply with Council                     3 November 1998 on the quality of water intended for human
       Directive 98/83/EC of 3 November 1998 on the quality of                        consumption, the United Kingdom of Great Britain and
       water intended for human consumption, the Kingdom of Spain                     Northern Ireland has failed to fulfil its obligations under
       has failed to fulfil its obligations under that directive;                     Article 17(1) of that directive;