CELEX: C2002/274/15
Language: en
Date: 2002-11-09 00:00:00
Title: Judgment of the Court of 17 September 2002 in Case C-253/00 (Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division): Antonio Muñoz y Cia SA, Superior Fruiticola SA v Frumar Ltd, Redbridge Produce Marketing Ltd (Agriculture — Regulation (EC) No 2200/96 — Quality standards for varieties of table grapes — Legal obligations of operators marketing table grapes within the Community — Right of an operator to seek enforcement of those obligations in civil proceedings)

C 274/10                 EN                       Official Journal of the European Communities                                          9.11.2002
3.    If it is demonstrated that there is in fact a risk to public health    Regulation (EEC) No 1035/72 of the Council of 18 May 1972
      arising from the coexistence of two versions of the same               and Council Regulation (EC) No 2200/96 of 28 October 1996 on
      medicinal product on the market in a Member State such a risk          the common organisation of the market in fruit and vegetables are to
      may justify restrictions on the importation of the old version of      be interpreted as meaning that compliance with the provisions on
      the medicinal product in consequence of the withdrawal of the          quality standards applicable to fruit or vegetables must be capable of
      marketing authorisation of reference by the holder thereof in          enforcement by means of civil proceedings instituted by a trader
      relation to that market.                                               against a competitor.
( 1) OJ C 211 of 22.7.2000.                                                  (1 ) OJ C 247 of 26.8.2000.
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                      of 17 September 2002                                                            (Sixth Chamber)
in Case C-253/00 (Reference for a preliminary ruling from                                          of 24 September 2002
the Court of Appeal (England & Wales) (Civil Division):
Antonio Muñoz y Cia SA, Superior Fruiticola SA v Frumar
            Ltd, Redbridge Produce Marketing Ltd ( 1)
                                                                             in Case C-255/00 (Reference for a preliminary ruling from
                                                                             the Tribunale di Trento): Grundig Italiana SpA v Ministero
                                                                                                       delle Finanze ( 1)
(Agriculture — Regulation (EC) No 2200/96 — Quality
standards for varieties of table grapes — Legal obligations
of operators marketing table grapes within the Community
— Right of an operator to seek enforcement of those                          (Internal taxes contrary to Community law — Recovery of
                  obligations in civil proceedings)                          sums paid but not due — National legislation retroactively
                                                                             reducing time-limits for bringing proceedings — Compati-
                                                                                         bility with the principle of effectiveness)
                           (2002/C 274/15)
                                                                                                       (2002/C 274/16)
                    (Language of the case: English)
                                                                                                 (Language of the case: Italian)
In Case C-253/00: Reference to the Court under Article 234                   (Provisional translation; the definitive translation will be published
EC by the Court of Appeal of England and Wales (Civil                                           in the European Court Reports)
Division) for a preliminary ruling in the proceedings pending
before that court between Antonio Muñoz y Cia SA, Superior
Fruiticola SA and Frumar Ltd, Redbridge Produce Marketing
Ltd, on the interpretation of Regulation (EEC) No 1035/72 of
the Council of 18 May 1972 and Council Regulation (EC)                       In Case C-255/00: Reference to the Court under Article 234
No 2200/96 of 28 October 1996 on the common organisation                     EC by the Tribunale di Trento (Italy) for a preliminary ruling
of the market in fruit and vegetables (OJ, English Special                   in the proceedings pending before that court between Grundig
Edition 1972 (II), p. 437, and OJ 1996 L 297, p. 1 respectively),            Italiana SpA and Ministero delle Finanze, on the interpretation
the Court, composed of: G.C. Rodríguez Iglesias, President,                  of the principles of Community law relating to the recovery of
P. Jann (Rapporteur), N. Colneric and S. von Bahr, (Presidents               sums paid but not due, the Court (Sixth Chamber), composed
of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola,                      of: F. Macken, President of the Chamber, C. Gulmann,
J.-P. Puissochet, R. Schintgen, J.N. Cunha Rodrigues and                     J.-P. Puissochet (Rapporteur), R. Schintgen and J.N. Cunha
C.W.A. Timmermans, Judges; L.A. Geelhoed, Advocate Gen-                      Rodrigues, Judges; D. Ruíz-Jarabo Colomer, Advocate General;
eral; R. Grass, Registrar, has given a judgment on 17 September              R. Grass, Registrar, has given a judgment on 24 September
2002, in which it has ruled:                                                 2002, in which it has ruled: