CELEX: C2003/044/14
Language: en
Date: 2003-02-22 00:00:00
Title: Judgment of the Court of Justice (Sixth Chamber) of 16 January 2003 in Case C-265/01 (reference for a preliminary ruling from the Tribunal de grande instance de Dinan): Annie Pansard and Others (Origin of fishery products — Article 28 EC — National law periodically prohibiting the landing of certain fishery products — Competence of the Member States)

C 44/8                  EN                           Official Journal of the European Union                                             22.2.2003
1.    Declares that, by failing to adopt all the measures necessary to       Community fishery law precludes a national law such as that in issue
      ensure the correct transposition of Articles 11 and 22(1) of           in the main proceedings, which prohibits, during a certain period, the
      Council Directive 86/609/EEC of 24 November 1986 on                    landing, on a part of the coastline of the Member State concerned, of
      the approximation of laws, regulations and administrative              scallops fished in the territorial waters of another Member State.
      provisions of the Member States regarding the protection of
      animals used for experimental and other scientific purposes, the
      Kingdom of the Netherlands has failed to fulfil its obligations        (1 ) OJ C 245 of 1.9.2001.
      under that directive;
2.    Orders the Kingdom of the Netherlands to pay the costs.
( 1) OJ C 212 of 28.7.2001.
                                                                                               JUDGMENT OF THE COURT
                                                                                                        (Sixth Chamber)
                                                                                                      of 16 January 2003
          JUDGMENT OF THE COURT OF JUSTICE
                                                                             in Case C-388/01: Commission of the European Communi-
                                                                                                   ties v Italian Republic (1)
                          (Sixth Chamber)
                                                                             (Failure to fulfil obligations — Free movement of services —
                        of 16 January 2003                                   Non-discrimination — Articles 12 EC and 49 EC —
                                                                             Admission to museums, monuments, galleries, archaeologi-
                                                                             cal digs, parks and gardens classified as public monuments
in Case C-265/01 (reference for a preliminary ruling from                    — Preferential rates granted by local or decentralised State
the Tribunal de grande instance de Dinan): Annie Pansard                                                   authorities)
                             and Others (1)
                                                                                                         (2003/C 44/15)
(Origin of fishery products — Article 28 EC — National
law periodically prohibiting the landing of certain fishery
         products — Competence of the Member States)                                              (Language of the case: Italian)
                            (2003/C 44/14)                                   (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                    (Language of the case: French)
(Provisional translation; the definitive translation will be published       In Case C-388/01, Commission of the European Communities
                   in the European Court Reports)                            (Agents: M. Patakia and R. Amorosi) v Italian Republic (Agent:
                                                                             U. Leanza, assisted by M. Fiorilli): Application for a declaration
                                                                             that, by allowing discriminatory, advantageous rates for admis-
                                                                             sion to museums, monuments, galleries, archaeological digs,
                                                                             parks and gardens classified as public monuments, granted by
In Case C-265/01: reference to the Court under Article 234                   local or decentralised State authorities only in favour of Italian
EC from the Tribunal de grande instance de Dinan, France, for                nationals and persons resident within the territory of those
a preliminary ruling in the criminal proceedings against Annie               authorities running the cultural sites in question, who are aged
Pansard and Others, en présence du Comité Region pêches                      over 60 or 65 years, and by excluding from such advantages
maritimes, a party to the main proceedings — on the                          tourists who are nationals of other Member States and non-
interpretation of Council Regulation (EEC) No 2913/92 of                     residents who fulfil the same objective age requirements, the
12 October 1992 establishing the Community Customs Code                      Italian Republic has failed to fulfil its obligations under
(OJ 1992 L 302, p. 1) and Article 28 EC — the Court of Justice               Articles 12 EC and 49 EC, the Court (Sixth Chamber),
(Sixth Chamber), composed of J.-P. Puissochet, President of                  composed of: J.-P. Puissochet, President of the Chamber,
the Chamber, and C. Gulmann, F. Macken (Rapporteur),                         R. Schintgen, V. Skouris, N. Colneric and J.N. Cunha Rodrigues
N. Colneric, J. N. Cunha Rodrigues, Judges; S. Alber, Advocate               (Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass,
General; M.-F. Contet, Administrator, for the Registrar, gave a              Registrar, has given a judgment on 16 January 2003, in which
judgment on 16 January 2003, in which it ruled that:                         it: