CELEX: C2003/289/07
Language: en
Date: 2003-11-29 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 16 October 2003 in Case C-455/01: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 96/98/EC — Marine equipment — Free movement of goods — Measures having equivalent effect to quantitative restrictions — Obligation to be in possession of a certificate of conformity issued by a recognised national body — Non-recognition of tests carried out by bodies recognised in other Member States)

C 289/4                   EN                          Official Journal of the European Union                                            29.11.2003
                  JUDGMENT OF THE COURT                                             fact that the cutting operations take place in the establishment
                                                                                    where the meat is obtained.
                           (Sixth Chamber)
                                                                              (1) OJ C 3 of 5.1.2002.
                         of 16 October 2003
in Case C-423/01 (Reference for a preliminary ruling from
the Verwaltungsgericht Neustadt an der Weinstraße):
Emil Färber GmbH & Co. v Stadt Neustadt/Weinstraße (1)
                                                                                                JUDGMENT OF THE COURT
(Common agricultural policy — Fees for health inspections
     and controls of fresh meat — Directive 85/73/EEC)                                                  (Fourth Chamber)
                           (2003/C 289/06)                                                             of 16 October 2003
                    (Language of the case: German)                            in Case C-455/01: Commission of the European Communi-
                                                                                                    ties v Italian Republic (1)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                           (Failure by a Member State to fulfil its obligations —
                                                                              Directive 96/98/EC — Marine equipment — Free movement
                                                                              of goods — Measures having equivalent effect to quantitative
                                                                              restrictions — Obligation to be in possession of a certificate
                                                                              of conformity issued by a recognised national body — Non-
In Case C-423/01: Reference to the Court under Article 234                    recognition of tests carried out by bodies recognised in other
EC by the Verwaltungsgericht Neustadt an der Weinstraße                                                   Member States)
(Germany) for a preliminary ruling in the proceedings pending
before that court between Emil Färber GmbH & Co. and Stadt
Neustadt/Weinstraße, on the interpretation of the second                                                 (2003/C 289/07)
paragraph of Annex A, Chapter I, point 2, to Council Directive
85/73/EEC of 29 January 1985 on the financing of veterinary                                        (Language of the case: Italian)
inspections and controls covered by Directives 89/662/EEC,
90/425/EEC, 90/675/EEC and 91/496/EEC (OJ 1985 L 32,
p. 14), as amended and consolidated by Council Directive 96/                  (Provisional translation; the definitive translation will be published
43/EC of 26 June 1996 (OJ 1996 L 162, p. 1), the Court (Sixth                                     in the European Court Reports)
Chamber), composed of: J.-P. Puissochet, President of the
Chamber, R. Schintgen (Rapporteur), C. Gulmann, V. Skouris
and N. Colneric, Judges; P. Léger, Advocate General; M.-
F. Contet, Principal Administrator, for the Registrar, has given              In Case C-455/01, Commission of the European Communities
a judgment on 16 October 2003, in which it has ruled:                         (Agents: R. B. Wainwright and R. Amorosi) v Italian Republic
                                                                              (Agent: I. M. Braguglia, assisted by M. Fiorilli): Application for
                                                                              a declaration that, by keeping in force legislation under which
1.    The second paragraph of Annex A, Chapter I, point 2, to                 products in respect of which there has not yet been full
      Council Directive 85/73/EEC of 29 January 1985 on the                   harmonisation, intended for use on merchant vessels flying
      financing of veterinary inspections and controls covered by             the Italian flag, may be marketed only if a certificate of
      Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/                   conformity has been issued by a national body — so that in
      496/EEC, as amended and consolidated by Council Directive               some cases the right to market those products is enjoyed only
      96/43/EC of 26 June 1996, must be interpreted as meaning                by the grantee of the certificate — and by not recognising the
      that the reduction it lays down of the amounts of the fees              validity of tests carried out in accordance with international
      payable in respect of the health controls and inspections               standards by bodies recognised in the other Member States or
      connected with cutting operations applies also where the cutting        in States signatory to the Agreement of 2 May 1992 on the
      plant and the establishment where the meat is obtained, which           European Economic Area (OJ 1994 L 1, p. 3), even where the
      are situated in the same place, belong to two different natural         relevant information is made available to the competent
      or legal persons.                                                       authority and it is clear from the certificates that the equipment
                                                                              guarantees a degree of safety equivalent to that required for
2.    The extent of the reduction to be granted under the second              Italian products, the Italian Republic has failed to fulfil its
      paragraph of Annex A, Chapter I, point 2, to Directive 85/              obligations under Articles 28 EC and 30 EC, the Court (Fourth
      73, as amended and consolidated by Directive 96/43, depends             Chamber), composed of: C.W.A. Timmermans (Rapporteur),
      on the savings made as regards the salary and social security           President of the Chamber, D.A.O. Edward and S. von Bahr,
      costs of the inspection staff and the administrative costs incurred     Judges; S. Alber, Advocate General; R. Grass, Registrar, has
      in carrying out the controls and inspections as a result of the         given a judgment on 16 October 2003, in which it:
 ---pagebreak--- 29.11.2003               EN                           Official Journal of the European Union                                               C 289/5
1.    Declares that, by keeping in force legislation under which              of the Chamber, V. Skouris and N. Colneric (Rapporteur),
      products in respect of which there has not yet been full                Judges; J. Mischo, Advocate General; R. Grass, Registrar, has
      harmonisation, intended for use on merchant vessels flying the          given a judgment on 16 October 2003, in which it:
      Italian flag, may be marketed only if a certificate of conformity
      has been issued by a national body — so that in some cases the
                                                                              1.    Declares that, by failing to adopt the laws, regulations and
      right to market the products is enjoyed only by the grantee of
                                                                                    administrative provisions necessary to comply, as regards the
      the certificate — and by not recognising the validity of tests
                                                                                    territory of Gibraltar, with Directive 97/9/EC of the European
      carried out in accordance with international standards by bodies
                                                                                    Parliament and of the Council of 3 March 1997 on investor-
      recognised in the other Member States, even where the relevant
                                                                                    compensation schemes the United Kingdom of Great Britain
      information is made available to the competent authority and
                                                                                    and Northern Ireland has failed to fulfil its obligations under
      it is clear from the certificates that the equipment guarantees a
                                                                                    Article 15 of that directive;
      degree of safety equivalent to that required for Italian products,
      the Italian Republic has failed to fulfil its obligations under
      Article 28 EC;                                                          2.    Orders the United Kingdom of Great Britain and Northern
                                                                                    Ireland to pay the costs.
2.    Orders the Italian Republic to pay the costs.
                                                                              (1) OJ C 84 of 6.4.2002.
(1) OJ C 84 of 6.4.2002.
                                                                                                JUDGMENT OF THE COURT
                                                                                                       (Second Chamber)
                   JUDGMENT OF THE COURT
                                                                                                      of 16 October 2003
                         (Second Chamber)
                                                                              in Case C-2/02 (Reference for a preliminary ruling from
                                                                              the Verwaltungsgericht Mainz): Emil Färber GmbH & Co.
                        of 16 October 2003                                                       v Landkreis Alzey-Worms (1)
in Case C-489/01: Commission of the European Communi-                         (Common agricultural policy — Fees for health inspections
ties v United Kingdom of Great Britain and Northern                                and controls of fresh meat — Directive 85/73/EEC)
                               Ireland (1)
                                                                                                        (2003/C 289/09)
(Failure of a Member State to fulfil its obligations — Failure
  to implement Directive 97/9/EC — Territory of Gibraltar)                                        (Language of the case: German)
                                                                              (Provisional translation; the definitive translation will be published
                           (2003/C 289/08)
                                                                                                  in the European Court Reports)
                     (Language of the case: English)
                                                                              In Case C-2/02: Reference to the Court under Article 234 EC
                                                                              by the Verwaltungsgericht Mainz (Germany) for a preliminary
                                                                              ruling in the proceedings pending before that court between
In Case C-489/01, Commission of the European Communities                      Emil Färber GmbH & Co. and Landkreis Alzey-Worms, on the
(Agent: C. Tufvesson) v United Kingdom of Great Britain and                   interpretation of Annex A, Chapter I, point 2, indent (a), to
Northern Ireland (Agents: G. Amodeo): Application for a                       Council Directive 85/73/EEC of 29 January 1985 on the
declaration that, by failing to adopt the laws, regulations and               financing of veterinary inspections and controls covered by
administrative provisions necessary to comply, as regards the                 Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/
territory of Gibraltar, with Directive 97/9/EC of the European                496/EEC (OJ 1985 L 32, p. 14), as amended and consolidated
Parliament and of the Council of 3 March 1997 on investor-                    by Council Directive 96/43/EC of 26 June 1996 (OJ 1996
compensation schemes (OJ 1997 L 84, p. 22) or, in any case,                   L 162, p. 1), the Court (Second Chamber), composed of:
by not notifying the measures to the Commission, the United                   R. Schintgen (Rapporteur), President of the Chamber, V. Skou-
Kingdom of Great Britain and Northern Ireland has failed to                   ris and N. Colneric, Judges; A. Tizzano, Advocate General; M.-
fulfil its obligations under Article 15 of that directive, the                F. Contet, Principal Administrator, for the Registrar, has given
Court (Second Chamber), composed of: R. Schintgen, President                  a judgment on 16 October 2003, in which it has ruled: