CELEX: C2002/169/17
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court (First Chamber) 30 May 2002 in Case C-441/00: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Directive 96/48/EC — Interoperability of the trans-European high-speed rail system)

C 169/10                EN                       Official Journal of the European Communities                                          13.7.2002
(OJ 1997 L 10, p. 13) and, in particular, Article 11 thereof, the           composed of: N. Colneric, President of the Chamber,
Federal Republic of Germany has failed to fulfil its obligations            R. Schintgen and V. Skouris (Rapporteur), Judges; F.G. Jacobs,
under the EC Treaty, the Court (Second Chamber), composed                   Advocate General; R. Grass, Registrar, has given a judgment
of: N. Colneric, President of the Chamber, R. Schintgen                     on 16 May 2002, in which it has ruled:
(Rapporteur) and V. Skouris, Judges; D. Ruiz-Jarabo Colomer,
Advocate General; R. Grass, Registrar, has given a judgment                 The words ‘producers ... who have received the holding through ...
on 14 May 2002, in which it:                                                similar means’ in the second indent of the second subparagraph of
                                                                            Article 3a(1) of Council Regulation (EEC) No 857/84 of 31 March
1.    Declares that, by failing to take, within the prescribed period,      1984 adopting general rules for the application of the levy referred
      all the measures necessary to comply with Council Directive 96/       to in Article 5c of Regulation (EEC) No 804/68 in the milk and
      82/EC of 9 December 1996 on the control of major-accident             milk products sector, as amended by Council Regulation (EEC)
      hazards involving dangerous substances, the Federal Republic          No 1639/91 of 13 June 1991, must be interpreted as meaning that
      of Germany has failed to fulfil its obligations under that            they refer to a producer who is the spouse of the designated heir and
      directive;                                                            to whom the holding has been let on conditions more favourable than
                                                                            market conditions, following the expiry of the non-marketing
2.    Orders the Federal Republic of Germany to pay the costs.              undertaking entered into by the lessor (the deviser) under Council
                                                                            Regulation (EEC) No 1078/77 of 17 May 1977 introducing a
(1) OJ C 372 of 23.12.2000.                                                 system of premiums for the non-marketing of milk and milk products
                                                                            and for the conversion of dairy herds, provided that it follows from
                                                                            all the elements of fact and of law which characterise the letting that:
                                                                            —     the main intention of the arrangement is that the holding
                                                                                  should continue to be exploited for the benefit of the designated
                                                                                  heir and not that the market value of the holding should be
                 JUDGMENT OF THE COURT                                            realised by the deviser, and that
                        (Second Chamber)                                    —     the terms of the legal relations between the parties to the
                                                                                  contract are such that the advantage which the deviser intends
                            16 May 2002                                           to confer on his heir is guaranteed in the long term, even if the
                                                                                  spouses should separate or the marriage be dissolved.
in Case C-384/00 (Reference for a preliminary ruling from
the Niedersächsisches Oberverwaltungsgericht): Heinrich                     (1) OJ C 372 of 23.12.2000.
    Bredemeier v Landwirtschaftskammer Hannover (1)
(Common agricultural policy — Milk quota scheme — Grant
of a special reference quantity — Beneficiaries — Producers
who take over a holding by similar means to inheritance
after the expiry of the non-marketing undertaking entered
into by their predecessors — Interpretation of Article 3a of
Regulation (EEC) No 857/84, as amended by Regulation                                          JUDGMENT OF THE COURT
                        (EEC) No 1639/91)
                                                                                                       (First Chamber)
                          (2002/C 169/16)
                                                                                                         30 May 2002
                   (Language of the case: German)
                                                                            in Case C-441/00: Commission of the European Communi-
(Provisional translation; the definitive translation will be published      ties v United Kingdom of Great Britain and Northern
                   in the European Court Reports)                                                          Ireland (1)
                                                                            (Failure by a Member State to fulfil its obligations —
In Case C-384/00: Reference to the Court under Article 234                  Directive 96/48/EC — Interoperability of the trans-Euro-
EC by the Niedersächsisches Oberverwaltungsgericht (Ger-                                       pean high-speed rail system)
many) for a preliminary ruling in the proceedings pending
before that court between Heinrich Bredemeier and Landwirts-
chaftskammer Hannover, joined parties: Wilhelm Wieggrebe                                              (2002/C 169/17)
and Irmtraut Bredemeier, on the interpretation of Article 3a(1)
of Council Regulation (EEC) No 857/84 of 31 March 1984                                          (Language of the case: English)
adopting general rules for the application of the levy referred
to in Article 5c of Regulation (EEC) No 804/68 in the milk and
milk products sector (OJ 1984 L 90, p. 13), as amended by
Council Regulation (EEC) No 1639/91 of 13 June 1991                         In Case C-441/00, Commission of the European Communities
(OJ 1991 L 150, p. 35), the Court (Second Chamber),                         (Agent: M. Wolfcarius) v United Kingdom of Great Britain and
 ---pagebreak--- 13.7.2002                EN                        Official Journal of the European Communities                                             C 169/11
Northern Ireland (Agent: R. Magrill, assisted by R. Anderson,                 di ordinamento della professione di guida alpina (Framework
barrister): Application for a declaration that, by failing to adopt           Law for the profession of ski monitor and supplementary
the laws, regulations and administrative provisions necessary                 provisions relating to the regulation of the profession of
to comply with Council Directive 96/48/EC of 23 July 1996                     mountain guide) of 8 March 1991 (GURI No 64 of 16 March
on the interoperability of the trans-European high-speed rail                 1991, p. 3), which makes recognition of a ski-monitor diploma
system (OJ 1996 L 235, p. 6), the United Kingdom of Great                     subject to a condition of reciprocity, the Italian Republic has
Britain and Northern Ireland has failed to fulfil its obligations             failed to fulfil its obligations under Council Directive 92/51/
under that directive, the Court (First Chamber), composed of:                 EEC of 18 June 1992 on a second general system for
P. Jann, President of the Chamber, M. Wathelet and A. Rosas                   the recognition of professional education and training to
(Rapporteur), Judges; L.A. Geelhoed, Advocate General;                        supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25), the
R. Grass, Registrar, has given a judgment on 30 May 2002, in                  Court (Fourth Chamber), composed of: S. von Bahr, President
which it:                                                                     of the Chamber, D.A.O. Edward (Rapporteur) and C.W.A. Tim-
                                                                              mermans, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
                                                                              R. Grass, Registrar, has given a judgment on 16 May 2002, in
1.    Declares that, by failing to adopt within the prescribed period
                                                                              which it:
      the laws, regulations and administrative provisions necessary to
      comply with Council Directive 96/48/EC of 23 July 1996 on
      the interoperability of the trans-European high-speed rail              1.    Declares that, by maintaining in force the first paragraph of
      system, the United Kingdom of Great Britain and Northern                      Article 12 of Law No 81, Legge-quadro per la professione di
      Ireland has failed to fulfil its obligations under that directive;            maestro di sci e ulteriori disposizioni in materia di ordinamento
                                                                                    della professione di guida alpina (Framework Law for the
                                                                                    profession of ski monitor and supplementary provisions relating
2.    Orders the United Kingdom of Great Britain and Northern
                                                                                    to the regulation of the profession of mountain guide) of
      Ireland to pay the costs.
                                                                                    8 March 1991, which makes recognition of a ski-monitor
                                                                                    diploma subject to a condition of reciprocity, the Italian
(1) OJ C 28 of 27.1.2001.                                                           Republic has failed to fulfil its obligations under Council
                                                                                    Directive 92/51/EEC of 18 June 1992 on a second general
                                                                                    system for the recognition of professional education and training
                                                                                    to supplement Directive 89/48/EEC;
                                                                              2.    Orders the Italian Republic to pay the costs.
                                                                              (1) OJ C 150 of 19.5.2001.
                  JUDGMENT OF THE COURT
                          (Fourth Chamber)
                             16 May 2002
                                                                                                JUDGMENT OF THE COURT
in Case C-142/01: Commission of the European Communi-                                                   (Third Chamber)
                      ties v Italian Republic (1)
                                                                                                           30 May 2002
(Failure by a Member State to fulfil its obligations —
Directive 92/51/EEC — System for the recognition of                           in Case C-323/01: Commission of the European Communi-
     professional education and training — Ski monitor)                                             ties v Italian Republic (1)
                           (2002/C 169/18)                                    (Failure by a Member State to fulfil its obligations —
                                                                              Directive 98/101/EC — Batteries and accumulators contain-
                                                                                              ing certain dangerous substances)
                     (Language of the case: Italian)
                                                                                                         (2002/C 169/19)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                                 (Language of the case: Italian)
                                                                              (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
In Case C-142/01, Commission of the European Communities
(Agents: M. Patakia and A. Aresu) v Italian Republic (Agent:
U. Leanza, assisted by G. Aiello, avvocato dello Stato): Appli-
cation for a declaration that, by maintaining in force the first              In Case C-323/01, Commission of the European Communities
paragraph of Article 12 of Law No 81, Legge-quadro per la                     (Agents: R. Wainwright and R. Amorosi) v Italian Republic
professione di maestro di sci e ulteriori disposizioni in materia             (Agent: U. Leanza, assisted by M. Fiorilli): Application for a