CELEX: C2003/264/17
Language: en
Date: 2003-11-01 00:00:00
Title: Judgment of the Court of 9 September 2003 in Case C-236/01 (Reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio): Monsanto Agricoltura Italia SpA and Others v Presidenza del Consiglio dei Ministri and Others (Regulation (EC) No 258/97 — Novel foods — Placing on the market — Safety assessment — Simplified procedure — Substantial equivalence to existing foods — Foods produced from genetically modified maize — Presence of residues of transgenic protein — Measure by a Member State temporarily restricting or suspending the trade in or use of a novel food in its territory)

C 264/10                  EN                           Official Journal of the European Union                                              1.11.2003
and J.N. Cunha Rodrigues, Judges; F.G. Jacobs, Advocate                        lishing certain conditions for the carriage of goods by road
General; M.-F. Contet, Principal Administrator, for the Regis-                 and the promotion of combined transport (OJ 2001 L 108,
trar, has given a judgment on 11 September 2003, in which it                   p. 27), but only in so far as they are based on Article 93 EC
has ruled:                                                                     and without altering their effects, which should be maintained,
                                                                               the Court (Fifth Chamber), composed of: M. Wathelet (Rappor-
Articles 81, 82 and 85 EC and Council Directive 92/12/EEC of                   teur), President of the Chamber, C.W.A. Timmermans,
25 February 1992 on the general arrangements for products subject              D.A.O. Edward, A. La Pergola and S. von Bahr, Judges; S. Alber,
to excise duty and on the holding, movement and monitoring of                  Advocate General; H.A. Rühl, Principal Administrator, for the
such products, as amended by Council Directive 96/99/EC of                     Registrar, has given a judgment on 11 September 2003, in
30 December 1996, must be interpreted as meaning that they do                  which it:
not preclude a national rule providing for the levy of surcharges on
the price of electricity such as those at issue in the main proceedings        1.    Annuls Council Decision 2001/265/EC of 19 March 2001
when the electricity is used in an electro-chemical process and that                 concerning the conclusion of the agreement between the
Council Recommendation 81/924/EEC of 27 October 1981 on                              European Community and the Republic of Bulgaria establishing
electricity tariff structures in the Community is not capable of                     certain conditions for the carriage of goods by road and the
preventing a Member State from levying such surcharges.                              promotion of combined transport and 2001/266/EC of
                                                                                     19 March 2001 concerning the conclusion of the agreement
                                                                                     between the European Community and the Republic of Hungary
(1) OJ C 200 of 14.7.2001.                                                           establishing certain conditions for the carriage of goods by road
                                                                                     and the promotion of combined transport;
                                                                               2.    Declares that the effects of the decisions are to be maintained
                                                                                     until the measures necessary to implement the present judgment
                                                                                     have been adopted;
                                                                               3.    Orders the Council of the European Union to pay the costs;
                   JUDGMENT OF THE COURT
                                                                               4.    Orders the Federal Republic of Germany and the Grand Duchy
                            (Fifth Chamber)                                          of Luxembourg to bear their own costs.
                        of 11 September 2003                                   (1) OJ C 212 of 28.7.2001.
in Case C-211/01: Commission of the European Communi-
            ties v Council of the European Union (1)
(EC/Bulgaria and EC/Hungary Agreements — Carriage of                                            JUDGMENT OF THE COURT
goods by road and combined transport — Taxation — Legal
                basis — Articles 71 EC and 93 EC)                                                     of 9 September 2003
                            (2003/C 264/16)                                    in Case C-236/01 (Reference for a preliminary ruling
                                                                               from the Tribunale amministrativo regionale del Lazio):
                                                                               Monsanto Agricoltura Italia SpA and Others v Presidenza
                      (Language of the case: French)                                       del Consiglio dei Ministri and Others (1)
(Provisional translation; the definitive translation will be published         (Regulation (EC) No 258/97 — Novel foods — Placing on
                     in the European Court Reports)                            the market — Safety assessment — Simplified procedure —
                                                                               Substantial equivalence to existing foods — Foods produced
                                                                               from genetically modified maize — Presence of residues of
                                                                               transgenic protein — Measure by a Member State tempor-
In Case C-211/01, Commission of the European Communities                       arily restricting or suspending the trade in or use of a novel
(Agent: initially by M. Wolfcarius, subsequently by W. Wils) v                                         food in its territory)
Council of the European Union (Agents: A. Lopes Sabino and
E. Karlsson) supported by Federal Republic of Germany                                                    (2003/C 264/17)
(Agents: W.-D. Plessing and M. Lumma) and by Grand Duchy
of Luxembourg (Agents: J. Falts and N. Mackel): Application
                                                                                                   (Language of the case: Italian)
for the annulment of Council Decisions 2001/265/EC of
19 March 2001 concerning the conclusion of the agreement
between the European Community and the Republic of                             (Provisional translation; the definitive translation will be published
Bulgaria establishing certain conditions for the carriage of                                      in the European Court Reports)
goods by road and the promotion of combined transport (OJ
2001 L 108, p. 4), and 2001/266/EC of 19 March 2001
concerning the conclusion of the agreement between the                         In Case C-236/01: Reference to the Court under Article 234
European Community and the Republic of Hungary estab-                          EC by the Tribunale amministrativo regionale del Lazio (Italy)
 ---pagebreak--- 1.11.2003                EN                            Official Journal of the European Union                                                C 264/11
for a preliminary ruling in the proceedings pending before that                       provision relating to substantial equivalence within the meaning
court between Monsanto Agricoltura Italia SpA and Others                              of the first subparagraph of Article 3(4) of the Regulation.
and Presidenza del Consiglio dei Ministri and Others, on
the interpretation and validity of the first subparagraph of
Article 3(4) and the first paragraph of Article 5 of Regulation                (1) OJ C 259 of 15.9.2001.
(EC) No 258/97 of the European Parliament and of the Council
of 27 January 1997 concerning novel foods and novel food
ingredients (OJ 1997 L 43, p. 1), and on the interpretation of
Article 12 thereof, the Court, composed of: G.C. Rodríguez
Iglesias, President, J.-P. Puissochet and C.W.A. Timmermans
(Rapporteur) (Presidents of Chambers), C. Gulmann,
D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, S. von Bahr,                                    JUDGMENT OF THE COURT
J.N. Cunha Rodrigues and A. Rosas, Judges; S. Alber, Advocate
General; L. Hewlett, Principal Administrator, for the Registrar,                                        of 9 September 2003
has given a judgment on 9 September 2003, in which it has
ruled:
                                                                               in Case C-285/01 (Reference for a preliminary ruling from
                                                                               the Cour administrative d’appel de Douai): Isabel Burbaud
                                                                                         v Ministère de l’Emploi et de la Solidarité (1)
                                                                               (Recognition of diplomas — Hospital managers in the public
                                                                               service — Directive 89/48/EEC — Definition of ‘diploma’
1.    The first subparagraph of Article 3(4) of Regulation (EC)                — Entrance examination — Article 48 of the EC Treaty
      No 258/97 of the European Parliament and of the Council of                             (now, after amendment, Article 39 EC))
      27 January 1997 concerning novel foods and novel food
      ingredients must be interpreted as meaning that the mere                                             (2003/C 264/18)
      presence in novel foods of residues of transgenic protein at
      certain levels does not preclude those foods from being considered
      substantially equivalent to existing foods and, consequently, use                               (Language of the case: French)
      of the simplified procedure for placing those foods on the
      market. However, that is not the case where the existence of a           (Provisional translation; the definitive translation will be published
      risk of potentially dangerous effects on human health can be                                   in the European Court Reports)
      identified on the basis of the scientific knowledge available at
      the time of the initial assessment. It is for the national court to
      determine whether that condition is satisfied.
                                                                               In Case C-285/01: Reference to the Court under Article 234
                                                                               EC by the Cour administrative d’appel de Douai (France) for a
                                                                               preliminary ruling in the proceedings pending before that
                                                                               court between Isabel Burbaud and Ministère de l’Emploi et de
                                                                               la Solidarité, on the interpretation of Article 48 of the EC
2.    In principle, the issue of the validity of the use of the simplified     Treaty (now, after amendment, Article 39 EC) and of Council
      procedure laid down in Article 5 of Regulation No 258/97 for             Directive 89/48/EEC of 21 December 1988 on a general
      the placing of novel foods on the market does not affect the             system for the recognition of higher-education diplomas
      power of the Member States to adopt measures falling under               awarded on completion of professional education and training
      Article 12 of the Regulation, such as the Decree of 4 August             of at least three years’ duration (OJ 1989 L 19, p. 16), the
      2000 at issue in the main proceedings. Since the simplified              Court, composed of: G.C. Rodríguez Iglesias, President,
      procedure does not imply any consent, even tacit, by the                 J.-P. Puissochet, M. Wathelet, R. Schintgen and C.W.A. Timm-
      Commission, a Member State is not required to challenge the              ermans (Rapporteur) (Presidents of Chambers), C. Gulmann,
      lawfulness of such a consent before adopting such measures.              D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,
      Nevertheless, those measures can be adopted only if the Member           N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas,
      State has first carried out a risk assessment which is as complete       Judges; C. Stix-Hackl, Advocate General; L. Hewlett, Principal
      as possible given the particular circumstances of the individual         Administrator, for the Registrar, subsequently H. von Holstein,
      case, from which it is apparent that, in the light of the                Deputy Registrar, has given a judgment on 9 September 2003,
      precautionary principle, the implementation of such measures is          in which it has ruled:
      necessary in order to ensure that novel foods do not present a
      danger for the consumer, in accordance with the first indent of
      Article 3(1) of Regulation No 258/97.                                    1.     Confirmation of passing the final examination of the École
                                                                                      nationale de la santé publique, which leads to permanent
                                                                                      appointment to the French hospital public service, must be
                                                                                      regarded as a ‘diploma’ within the meaning of Council Directive
                                                                                      89/48/EEC of 21 December 1988 on a general system for
                                                                                      the recognition of higher-education diplomas awarded on
3.    Consideration of the fourth question has disclosed no factor                    completion of professional education and training of at least
      such as to affect the validity of Article 5 of Regulation No 258/               three years’ duration. It is for the national court to determine,
      97 as regards, inter alia, the condition for application of that                for the purposes of applying point (a) of the first paragraph of