CELEX: C2003/289/06
Language: en
Date: 2003-11-29 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-423/01 (Reference for a preliminary ruling from the Verwaltungsgericht Neustadt an der Weinstraße): Emil Färber GmbH & Co. v Stadt Neustadt/Weinstraße (Common agricultural policy — Fees for health inspections and controls of fresh meat — Directive 85/73/EEC)

C 289/4                   EN                          Official Journal of the European Union                                            29.11.2003
                  JUDGMENT OF THE COURT                                             fact that the cutting operations take place in the establishment
                                                                                    where the meat is obtained.
                           (Sixth Chamber)
                                                                              (1) OJ C 3 of 5.1.2002.
                         of 16 October 2003
in Case C-423/01 (Reference for a preliminary ruling from
the Verwaltungsgericht Neustadt an der Weinstraße):
Emil Färber GmbH & Co. v Stadt Neustadt/Weinstraße (1)
                                                                                                JUDGMENT OF THE COURT
(Common agricultural policy — Fees for health inspections
     and controls of fresh meat — Directive 85/73/EEC)                                                  (Fourth Chamber)
                           (2003/C 289/06)                                                             of 16 October 2003
                    (Language of the case: German)                            in Case C-455/01: Commission of the European Communi-
                                                                                                    ties v Italian Republic (1)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                           (Failure by a Member State to fulfil its obligations —
                                                                              Directive 96/98/EC — Marine equipment — Free movement
                                                                              of goods — Measures having equivalent effect to quantitative
                                                                              restrictions — Obligation to be in possession of a certificate
                                                                              of conformity issued by a recognised national body — Non-
In Case C-423/01: Reference to the Court under Article 234                    recognition of tests carried out by bodies recognised in other
EC by the Verwaltungsgericht Neustadt an der Weinstraße                                                   Member States)
(Germany) for a preliminary ruling in the proceedings pending
before that court between Emil Färber GmbH & Co. and Stadt
Neustadt/Weinstraße, on the interpretation of the second                                                 (2003/C 289/07)
paragraph of Annex A, Chapter I, point 2, to Council Directive
85/73/EEC of 29 January 1985 on the financing of veterinary                                        (Language of the case: Italian)
inspections and controls covered by Directives 89/662/EEC,
90/425/EEC, 90/675/EEC and 91/496/EEC (OJ 1985 L 32,
p. 14), as amended and consolidated by Council Directive 96/                  (Provisional translation; the definitive translation will be published
43/EC of 26 June 1996 (OJ 1996 L 162, p. 1), the Court (Sixth                                     in the European Court Reports)
Chamber), composed of: J.-P. Puissochet, President of the
Chamber, R. Schintgen (Rapporteur), C. Gulmann, V. Skouris
and N. Colneric, Judges; P. Léger, Advocate General; M.-
F. Contet, Principal Administrator, for the Registrar, has given              In Case C-455/01, Commission of the European Communities
a judgment on 16 October 2003, in which it has ruled:                         (Agents: R. B. Wainwright and R. Amorosi) v Italian Republic
                                                                              (Agent: I. M. Braguglia, assisted by M. Fiorilli): Application for
                                                                              a declaration that, by keeping in force legislation under which
1.    The second paragraph of Annex A, Chapter I, point 2, to                 products in respect of which there has not yet been full
      Council Directive 85/73/EEC of 29 January 1985 on the                   harmonisation, intended for use on merchant vessels flying
      financing of veterinary inspections and controls covered by             the Italian flag, may be marketed only if a certificate of
      Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/                   conformity has been issued by a national body — so that in
      496/EEC, as amended and consolidated by Council Directive               some cases the right to market those products is enjoyed only
      96/43/EC of 26 June 1996, must be interpreted as meaning                by the grantee of the certificate — and by not recognising the
      that the reduction it lays down of the amounts of the fees              validity of tests carried out in accordance with international
      payable in respect of the health controls and inspections               standards by bodies recognised in the other Member States or
      connected with cutting operations applies also where the cutting        in States signatory to the Agreement of 2 May 1992 on the
      plant and the establishment where the meat is obtained, which           European Economic Area (OJ 1994 L 1, p. 3), even where the
      are situated in the same place, belong to two different natural         relevant information is made available to the competent
      or legal persons.                                                       authority and it is clear from the certificates that the equipment
                                                                              guarantees a degree of safety equivalent to that required for
2.    The extent of the reduction to be granted under the second              Italian products, the Italian Republic has failed to fulfil its
      paragraph of Annex A, Chapter I, point 2, to Directive 85/              obligations under Articles 28 EC and 30 EC, the Court (Fourth
      73, as amended and consolidated by Directive 96/43, depends             Chamber), composed of: C.W.A. Timmermans (Rapporteur),
      on the savings made as regards the salary and social security           President of the Chamber, D.A.O. Edward and S. von Bahr,
      costs of the inspection staff and the administrative costs incurred     Judges; S. Alber, Advocate General; R. Grass, Registrar, has
      in carrying out the controls and inspections as a result of the         given a judgment on 16 October 2003, in which it: