CELEX: C2003/101/02
Language: en
Date: 2003-04-26 00:00:00
Title: Judgment of the Court of 6 March 2003 in Case C-41/00 P: Interporc Im- und Export GmbH v Commission of the European Communities (Appeals — Decision 94/90/ECSC, EC, Euratom — Access to documents — Documents held by the Commission and emanating from the Member States or third countries — Authorship rule)

26.4.2003               EN                           Official Journal of the European Union                                               C 101/1
                                                                          I
                                                                   (Information)
                                                      COURT OF JUSTICE
                                                               COURT OF JUSTICE
Request by the Council of the European Union for an                          against the judgment of the Court of First Instance of the
           Opinion pursuant to Article 300(6) EC                             European Communities (First Chamber, Extended Compo-
                                                                             sition) in Case T-92/98 Interporc v Commission [1999] ECR
                           (Opinion 1/03)                                    II-3521, seeking to have that judgment set aside in part, the
                                                                             other party to the proceedings being: Commission of the
                          (2003/C 101/01)                                    European Communities (Agent: U. Wölker), the Court, compo-
                                                                             sed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet,
The Court of Justice of the European Communities has received                R. Schintgen and C.W.A. Timmermans, Presidents of Cham-
a request for an Opinion pursuant to Article 300(6) EC, lodged               bers, C. Gulmann, D.A.O. Edward, A. La Pergola (Rapporteur),
at the Court Registry on 10 March 2003 by the Council of the                 P. Jann, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues,
European Union, represented by J. Schutte and J.-P. Hix, acting              Judges; P. Léger, Advocate General; R. Grass, Registrar, has
as Agents.                                                                   given a judgment on 6 March 2003, in which it:
The Council of the European Union asks the Court of Justice                  1.    Dismisses the appeal;
to reply to the following question:
                                                                             2.    Orders Interporc Im- und Export GmbH to pay the costs.
Does conclusion of the new Lugano Convention on jurisdiction
and the recognition and enforcement of judgments in civil and                (1 ) OJ C 149 of 27.5.2000.
commercial matters, as provided for at points 8 to 12 of this
document, fall entirely within the Community’s exclusive
competence or is competence shared between the Community
and the Member States?
                                                                                              JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT                                                                (Sixth Chamber)
                         of 6 March 2003                                                              of 6 March 2003
in Case C-41/00 P: Interporc Im- und Export GmbH v                           in Case C-240/00: Commission of the European Communi-
       Commission of the European Communities ( 1)                                             ties v Republic of Finland ( 1)
(Appeals — Decision 94/90/ECSC, EC, Euratom — Access
                                                                             (Directive 79/409/EEC — Protection of wild birds and their
to documents — Documents held by the Commission and
                                                                                           habitats — Special protection areas)
emanating from the Member States or third countries —
                          Authorship rule)
                                                                                                       (2003/C 101/03)
                          (2003/C 101/02)
                                                                                                (Language of the case: Finnish)
                   (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-41/00 P, Interporc Im- und Export GmbH, estab-                     In Case C-240/00, Commission of the European Communities
lished in Hamburg (Germany), (Agent: G.M. Berrisch): Appeal                  (Agents: E. Paasivirta and R.B. Wainwright) v Republic of