CELEX: C2002/169/15
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court (Second Chamber) 14 May 2002 in Case C-383/00: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Directive 96/82/EC — Failure to implement within the prescribed period)

13.7.2002                EN                       Official Journal of the European Communities                                            C 169/9
market (OJ 1989 L 395, p. 13) and in that resulting from                     ruling in the proceedings pending before that court between
Council Directive 91/497/EEC of 29 July 1991 amending and                    Prefetto Provincia di Cuneo and Silvano Carbone, in his
consolidating Directive 64/433 to extend it to the production                capacity as sole director of the company Expo Casa Manta Srl,
and marketing of fresh meat (OJ 1991 L 268, p. 69), the Court                on the interpretation of Council Regulation (EC) No 519/94
(Second Chamber), composed of: N. Colneric, President of the                 of 7 March 1994 on common rules for imports from certain
Chamber, R. Schintgen (Rapporteur) and V. Skouris, Judges;                   third countries and repealing Regulations (EEC) Nos 1765/82,
P. Léger, Advocate General; M.-F. Contet, Administrator, for                 1766/82 and 3420/83 (OJ 1994 L 67, p. 89) and Council
the Registrar, has given a judgment on 30 May 2002, in which                 Regulation (EC) No 3285/94 of 22 December 1994 on the
it has ruled:                                                                common rules for imports and repealing Regulation (EC)
                                                                             No 518/94 (OJ 1994 L 349, p. 53), the Court (Second
Costs of bacteriological examinations and examinations for trichinae         Chamber), composed of: N. Colneric (Rapporteur), President
carried out in accordance with Council Directive 64/433/EEC of               of the Chamber, R. Schintgen and V. Skouris, Judges; L.A. Geel-
26 June 1964 on health problems affecting intra-Community trade              hoed, Advocate General; R. Grass, Registrar, has given a
in fresh meat, both in the version resulting from Council Directive          judgment on 30 May 2002, in which it has ruled:
89/662/EEC of 11 December 1989 concerning veterinary checks in
intra-Community trade with a view to the completion of the internal          Council Regulation (EC) No 519/94 of 7 March 1994 on
market and in that resulting from Council Directive 91/497/EEC of            common rules for imports from certain third countries and repealing
29 July 1991 amending and consolidating Directive 64/433 to                  Regulations (EEC) Nos 1765/82, 1766/82 and 3420/83 and
extend it to the production and marketing of fresh meat, are covered         Council Regulation (EC) No 3285/94 of 22 December 1994 on
by the Community fee levied by the Member States for health                  common rules for imports and repealing Regulation (EC) No 518/
inspections and controls in respect of fresh meat pursuant to, first,        94 do not affect a Member State’s rules as regards the placing on the
Council Directive 85/73/EEC of 29 January 1985 on the financing              market of products imported from third countries.
of health inspections and controls of fresh meat and poultrymeat and
Council Decision 88/408/EEC of 15 June 1988 on the levels of the
fees to be charged for health inspections and controls of fresh meat         (1) OJ C 302 of 21.10.2000.
pursuant to Directive 85/73 and, secondly, Directive 85/73 as
amended by Council Directive 93/118/EC of 22 December 1993.
(1) OJ C 302 of 21.10.2000.
                                                                                              JUDGMENT OF THE COURT
                                                                                                     (Second Chamber)
                  JUDGMENT OF THE COURT                                                                  14 May 2002
                         (Second Chamber)                                    in Case C-383/00: Commission of the European Communi-
                                                                                         ties v Federal Republic of Germany(1)
                             30 May 2002
                                                                             (Failure by a Member State to fulfil its obligations —
in Case C-296/00 (Reference for a preliminary ruling from                    Directive 96/82/EC — Failure to implement within the
the Corte suprema di cassazione): Prefetto Provincia di                                               prescribed period)
                   Cuneo v Silvano Carbone (1)
                                                                                                       (2002/C 169/15)
(Regulations (EC) Nos 519/94 and 3285/94 — Scope —
Placing on the market of cordless telephones coming from
                            third countries)                                                    (Language of the case: German)
                           (2002/C 169/14)                                   (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
                     (Language of the case: Italian)
(Provisional translation; the definitive translation will be published       In Case C-383/00, Commission of the European Communities
                    in the European Court Reports)                           (Agent: G. zur Hausen) v Federal Republic of Germany (Agents:
                                                                             W.-D. Plessing and B. Muttelsee-Schön): Application for a
                                                                             declaration that, by failing to take, within the prescribed
                                                                             period, all the measures necessary to comply with Council
In Case C-296/00: Reference to the Court under Article 234                   Directive 96/82/EC of 9 December 1996 on the control of
EC by the Corte suprema di cassazione (Italy) for a preliminary              major-accident hazards involving dangerous substances
 ---pagebreak--- C 169/10                EN                       Official Journal of the European Communities                                          13.7.2002
(OJ 1997 L 10, p. 13) and, in particular, Article 11 thereof, the           composed of: N. Colneric, President of the Chamber,
Federal Republic of Germany has failed to fulfil its obligations            R. Schintgen and V. Skouris (Rapporteur), Judges; F.G. Jacobs,
under the EC Treaty, the Court (Second Chamber), composed                   Advocate General; R. Grass, Registrar, has given a judgment
of: N. Colneric, President of the Chamber, R. Schintgen                     on 16 May 2002, in which it has ruled:
(Rapporteur) and V. Skouris, Judges; D. Ruiz-Jarabo Colomer,
Advocate General; R. Grass, Registrar, has given a judgment                 The words ‘producers ... who have received the holding through ...
on 14 May 2002, in which it:                                                similar means’ in the second indent of the second subparagraph of
                                                                            Article 3a(1) of Council Regulation (EEC) No 857/84 of 31 March
1.    Declares that, by failing to take, within the prescribed period,      1984 adopting general rules for the application of the levy referred
      all the measures necessary to comply with Council Directive 96/       to in Article 5c of Regulation (EEC) No 804/68 in the milk and
      82/EC of 9 December 1996 on the control of major-accident             milk products sector, as amended by Council Regulation (EEC)
      hazards involving dangerous substances, the Federal Republic          No 1639/91 of 13 June 1991, must be interpreted as meaning that
      of Germany has failed to fulfil its obligations under that            they refer to a producer who is the spouse of the designated heir and
      directive;                                                            to whom the holding has been let on conditions more favourable than
                                                                            market conditions, following the expiry of the non-marketing
2.    Orders the Federal Republic of Germany to pay the costs.              undertaking entered into by the lessor (the deviser) under Council
                                                                            Regulation (EEC) No 1078/77 of 17 May 1977 introducing a
(1) OJ C 372 of 23.12.2000.                                                 system of premiums for the non-marketing of milk and milk products
                                                                            and for the conversion of dairy herds, provided that it follows from
                                                                            all the elements of fact and of law which characterise the letting that:
                                                                            —     the main intention of the arrangement is that the holding
                                                                                  should continue to be exploited for the benefit of the designated
                                                                                  heir and not that the market value of the holding should be
                 JUDGMENT OF THE COURT                                            realised by the deviser, and that
                        (Second Chamber)                                    —     the terms of the legal relations between the parties to the
                                                                                  contract are such that the advantage which the deviser intends
                            16 May 2002                                           to confer on his heir is guaranteed in the long term, even if the
                                                                                  spouses should separate or the marriage be dissolved.
in Case C-384/00 (Reference for a preliminary ruling from
the Niedersächsisches Oberverwaltungsgericht): Heinrich                     (1) OJ C 372 of 23.12.2000.
    Bredemeier v Landwirtschaftskammer Hannover (1)
(Common agricultural policy — Milk quota scheme — Grant
of a special reference quantity — Beneficiaries — Producers
who take over a holding by similar means to inheritance
after the expiry of the non-marketing undertaking entered
into by their predecessors — Interpretation of Article 3a of
Regulation (EEC) No 857/84, as amended by Regulation                                          JUDGMENT OF THE COURT
                        (EEC) No 1639/91)
                                                                                                       (First Chamber)
                          (2002/C 169/16)
                                                                                                         30 May 2002
                   (Language of the case: German)
                                                                            in Case C-441/00: Commission of the European Communi-
(Provisional translation; the definitive translation will be published      ties v United Kingdom of Great Britain and Northern
                   in the European Court Reports)                                                          Ireland (1)
                                                                            (Failure by a Member State to fulfil its obligations —
In Case C-384/00: Reference to the Court under Article 234                  Directive 96/48/EC — Interoperability of the trans-Euro-
EC by the Niedersächsisches Oberverwaltungsgericht (Ger-                                       pean high-speed rail system)
many) for a preliminary ruling in the proceedings pending
before that court between Heinrich Bredemeier and Landwirts-
chaftskammer Hannover, joined parties: Wilhelm Wieggrebe                                              (2002/C 169/17)
and Irmtraut Bredemeier, on the interpretation of Article 3a(1)
of Council Regulation (EEC) No 857/84 of 31 March 1984                                          (Language of the case: English)
adopting general rules for the application of the levy referred
to in Article 5c of Regulation (EEC) No 804/68 in the milk and
milk products sector (OJ 1984 L 90, p. 13), as amended by
Council Regulation (EEC) No 1639/91 of 13 June 1991                         In Case C-441/00, Commission of the European Communities
(OJ 1991 L 150, p. 35), the Court (Second Chamber),                         (Agent: M. Wolfcarius) v United Kingdom of Great Britain and