CELEX: C2004/007/29
Language: en
Date: 2004-01-10 00:00:00
Title: Order of the Court (Fourth Chamber) of 17 October 2003 nella causa C-35/02 (Reference for a preliminary ruling from the Bundesverwaltungsgericht): Landeszahnärztekammer Hessen v Markus Vogel, Third parties: Landesärtztekammer Hessen, Oberbundesanwalt beim Bundesverwaltungsgericht (Article 104(3) of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Directives 78/686/EEC and 78/687/EEC — The practice of dentistry by a doctor)

10.1.2004                EN                           Official Journal of the European Union                                                 C 7/17
2.    Article 21(1)(c) of the Sixth Council Directive 77/388/EEC of           An administrative practice such as the one at issue in the main
      17 May 1977 on the harmonisation of the laws of the Member              proceedings, under which degrees awarded by a university of one
      States relating to turnover taxes — Common system of value              Member State cannot be recognised in another Member State when
      added tax: uniform basis of assessment does not preclude                the courses of preparation for those degrees were provided in the latter
      reimbursement of an amount mentioned in error by way of                 Member State by another educational establishment in accordance
      value added tax on an invoice or other document serving as              with an agreement made between the two establishments, is
      invoice where the services at issue are not subject to value added      incompatible with Article 43 EC.
      tax and the amount invoiced cannot therefore be classified as
      value added tax.
                                                                              (1) OJ C 144 of 15.6.2002.
(1) OJ C 169 of 13.7.2002 and OJ C 144 du 15.6.2002.
                                                                                                  ORDER OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                       (Fourth Chamber)
                           (Fifth Chamber)
                                                                                                     of 17 October 2003
                       of 13 November 2003
                                                                              nella causa C-35/02 (Reference for a preliminary ruling
in Case C-153/02 (Reference for a preliminary ruling from                     from the Bundesverwaltungsgericht): Landeszahnärzte-
the Giudice di pace di Genova): Valentina Neri v European                     kammer Hessen v Markus Vogel, Third parties: Landes-
School of Economics (ESE Insight World Education Sys-                         ärtztekammer Hessen, Oberbundesanwalt beim Bundes-
                              tem Ltd) (1)                                                          verwaltungsgericht (1)
(Freedom of establishment — Recognition of diplomas —                         (Article 104(3) of the Rules of Procedure — Freedom of
Degree issued by a university established in a Member State                   establishment — Freedom to provide services — Directives
— Courses of study in preparation for a degree awarded in                     78/686/EEC and 78/687/EEC — The practice of dentistry
another Member State and by another educational establish-                                                 by a doctor)
                                 ment)
                                                                                                         (2004/C 7/29)
                            (2004/C 7/28)
                     (Language of the case: Italian)                                             (Language of the case: German)
(Provisional translation; the definitive translation will be published        (Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                               in the European Court Reports)
In Case C-153/02: Reference to the Court under Article 234 EC                 In Case C-35/02: Reference to the Court under Article 234 EC
by the Giudice di pace di Genova (Italy) for a preliminary                    by the Bundesverwaltungsgericht (Germany) for a preliminary
ruling in the proceedings pending before that court between                   ruling in the proceedings pending before that court between
Valentina Neri and European School of Economics (ESE                          Landeszahnärztekammer Hessen and Markus Vogel; Third
Insight World Education System Ltd) on the interpretation of                  parties: Landesärtztekammer Hessen, Oberbundesanwalt beim
Articles 39 EC, 43 EC and 49 EC, of Council Decision 63/266/                  Bundesverwaltungsgericht, on the the interpretation of Council
EEC of 2 April 1963 laying down general principles for                        Directive 78/687/EEC of 25 July 1978 concerning the coordi-
implementing a common vocational training policy (OJ,                         nation of provisions laid down by law, regulation or adminis-
English Special Edition 1963-1964 (I), p. 25) and Council                     trative action in respect of the activities of dental practitioners
Directive 89/48/EEC of 21 December 1988 on a general                          (OJ 1978 L 233, p. 10), as amended by the Act concerning the
system for the recognition of higher-education diplomas                       conditions of accession of the Republic of Austria, the Republic
awarded on completion of professional education and training                  of Finland and the Kingdom of Sweden and the adjustments to
of at least three years’ duration (OJ 1989 L 19, p. 16), the                  the Treaties on which the European Union is founded (OJ
Court (Fifth Chamber), composed of: D.A.O. Edward, acting                     1994 C 241, p. 21, and OJ 1995 L 1, p. 1), the Court (Fourth
for the President of the Fifth Chamber, A. La Pergola and                     Chamber), composed of: C.W.A. Timmermans (Rapporteur),
S. von Bahr (Rapporteur), Judges; F.G. Jacobs, Advocate                       President of the Chamber, A. La Pergola and S. von Bahr,
General; L. Hewlett, Principal Administrator, for the Registrar,              Judges; A. Tizzano, Advocate General; R. Grass, Registrar, has
has given a judgment on 13 November 2003, in which it has                     made an order on 17 October 2003, the operative part of
ruled:                                                                        which is as follows:
 ---pagebreak--- C 7/18                    EN                            Official Journal of the European Union                                           10.1.2004
Council Directive 78/687/EEC of 25 July 1978 concerning the                     The Court of Justice of the European Communities clearly has no
coordination of provisions laid down by law, regulation or adminis-             jurisdiction to reply to the questions referred by the Commission de
trative action in respect of the activities of dental practitioners, as         conciliation et d’expertise douanière in its decision of 18 March
amended by the Act concerning the conditions of accession of the                2003.
Republic of Austria, the Republic of Finland and the Kingdom of
Sweden and the adjustments to the Treaties on which the European
Union is founded, properly construed, precludes a national rule                 (1) OJ C 135 of 7.6.2003.
containing a general authorisation for doctors who have not completed
the training required by Article 1 of that directive to carry out the
activities of a dental practitioner, irrespective of the title under which
those activities are carried out.
(1) OJ C 109 of 4.5.2002.
                                                                                Appeal brought on 20 October 2003 by P&O European
                                                                                Ferries (Vizcaya) SA against the judgment delivered
                                                                                on 5 August 2003 by the First Chamber (Extended
                                                                                Composition) of the Court of First Instance of the
                                                                                European Communities in joined cases T-116/01 between
                                                                                P&O European Ferries (Vizcaya) SA, supported by Dipu-
          ORDER OF THE COURT OF THE JUSTICE                                     tación Foral de Vizcaya, and the Commission of the
                                                                                European Communities and T-118/01 between Diputa-
                            of 11 July 2003                                     ción Foral de Vizcaya, supported by P&O European
                                                                                Ferries (Vizcaya) SA, and the Commission of the European
                                                                                                            Communities
in Case C-161/03 (reference for a preliminary ruling by
the Commission de conciliation et d’expertise douanière):
Administration des douanes v Centrale d’achat française                                                  (Case C-442/03 P)
pour l’outre-mer SA (CAFOM), Samsung Electronics
                                France (1)
                                                                                                            (2004/C 7/31)
(Reference for a preliminary ruling — Court’s lack of
                              jurisdiction)
                                                                                An appeal against the judgment delivered on 5 August 2003
                             (2004/C 7/30)                                      by the First Chamber (Extended Composition) of the Court of
                                                                                First Instance of the European Communities in joined cases
                      (Language of the case: French)                            T-116/01 (1) between P&O European Ferries (Vizcaya) SA,
                                                                                supported by Diputación Foral de Vizcaya, and the Com-
                                                                                mission of the European Communities and T-118/01 (2)
(Provisional translation; the definitive translation will be published          between Diputación Foral de Vizcaya, supported by P&O
                     in the European Court Reports)                             European Ferries (Vizcaya) SA, and the Commission of the
                                                                                European Communities, was brought before the Court of
                                                                                Justice of the European Communities on 20 October 2003 by
                                                                                P&O European Ferries (Vizcaya) SA, established in Bilbao
In Case C-161/03: reference to the Court under Article 234 EC                   (Spain), represented by Sir Jeremy Lever QC and M. Pickford,
by the Commission de conciliation et d’expertise douanière                      Barristers, and J. Ellison, Solicitor.
(France) for a preliminary ruling in the proceedings between
Administration des douanes and Centrale d’achat française
pour l’outre-mer SA (CAFOM), Samsung Electronics France —                       The Appellant claims that the Court should:
on the interpretation of Article 27 of Protocol No 4 annexed
to the Europe Agreement between the European Communities
and their Member States, of the one part, and the Republic of                   1.    make an order setting aside the Court of First Instance’s
Hungary, of the other part, concluded and approved in the                             judgment of 5 August 2003 and remitting the questions
name of the European Communities by Decision 93/743/                                  set out at paragraph 13 of the appeal for determination
Euratom, ECSC, EC of the Council and the Commission of                                by the Court of First Instance;
13 December 1993 (OJ 1993 L 348, p. 1) — the Court,
composed of: G.C. Rodríguez Iglesias, President, J.-P. Puisso-                  2.    make an order that the Commission pay the Appellant’s
chet, M. Wathelet, R. Schintgen and C.W.A. Timmermans,                                costs of this appeal; and
Presidents of Chambers, C. Gulmann (Rapporteur),
D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,                   3.    make an order setting aside the order of the Court of First
N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas,                          Instance of 5 August 2003 that the Appellant pay the
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,                         Commission’s costs, and reserving reconsideration of
made an order on 11 July 2003 of which the operative part is                          those costs for the Court of First Instance when the case
as follows:                                                                           is remitted to it.