CELEX: C2004/007/14
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 20 November 2003 in Case C-296/01: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Failure to transpose Directive 90/220/EEC — Genetically modified organisms)

10.1.2004               EN                           Official Journal of the European Union                                                  C 7/9
                 JUDGMENT OF THE COURT                                       milk, heat-treated milk and milk-based products, as amended by
                                                                             Council Directive 94/71/EC of 13 December 1994, and Articles 28
                                                                             EC And 30 EC preclude national legislation such as that at issue in
                                                                             the main proceedings, which requires a use-by date of four days after
                          (Fifth Chamber)                                    preparation for high-temperature pasteurised milk.
                      of 13 November 2003                                    (1) OJ C 275 of 29.9.2001.
in Case C-294/01 (Reference for a preliminary ruling from
the Tribunale civile di Bologna): Granarolo SpA v Comune
                            di Bologna (1)
(Agriculture — Health rules for the production and placing
on the market of heat-treated milk — Free movement of                                         JUDGMENT OF THE COURT
goods — National law imposing a use-by date for high-
                  temperature pasteurised milk)
                                                                                                      (Sixth Chamber)
                           (2004/C 7/13)                                                           of 20 November 2003
                    (Language of the case: Italian)                          in Case C-296/01: Commission of the European Communi-
                                                                                                 ties v French Republic (1)
(Provisional translation; the definitive translation will be published       (Failure of a Member State to fulfil obligations — Failure to
                   in the European Court Reports)                            transpose Directive 90/220/EEC — Genetically modified
                                                                                                          organisms)
                                                                                                        (2004/C 7/14)
In Case C-294/01: Reference to the Court under Article 234
EC by the Tribunale civile di Bologna (Italy) for a preliminary                                  (Language of the case: French)
ruling in the proceedings pending before that court between
Granarolo SpA and Comune di Bologna, on the interpretation
of Council Directive 92/46/EEC of 16 June 1992 laying down                   (Provisional translation; the definitive translation will be published
the health rules for the production and placing on the market                                   in the European Court Reports)
of raw milk, heat-treated milk and milk-based products (OJ
1992 L 268, p. 1), as amended by Council Directive 94/71/EC
of 13 December 1994 (OJ 1994 L 368, p. 33), of Council
Directive 79/112/EEC of 18 December 1978 on the approxi-
mation of the laws of the Member States relating to the                      In Case C-296/01, Commission of the European Communities
labelling, presentation and advertising of foodstuffs (OJ 1979               (Agent: G. zur Hausen, assisted by M. van der Woude and V.
L 33, p. 1), as amended by Directive 97/4/EC of the European                 Landes) v French Republic (Agents: G. de Bergues and R.
Parliament and of the Council of 27 January 1997 (OJ 1997                    Loosli-Surrans): Application for a declaration that, by failing
L 43, p. 21), and of Council Directive 89/396/EEC of 14 June                 to transpose correctly and fully Articles 5(1) to (4), 6(2) and
1989 on indications or marks identifying the lot to which a                  (5), 9(3), 11(1), (2), (3) and (6), 12(3) and (4) and 19(2), (3)
foodstuff belongs (OJ 1989 L 186, p. 21), the Court (Fifth                   and (4) of Council Directive 90/220/EEC of 23 April 1990 on
Chamber), composed of: C.W.A. Timmermans, President of                       the deliberate release into the environment of genetically
the Fourth Chamber, acting as President of the Fifth Chamber,                modified organisms (OJ 1990 L 117, p. 15), as amended by
P. Jann and S. von Bahr (Rapporteur), Judges; P. Léger,                      Commission Directive 97/35/EC of 18 June 1997 adapting to
Advocate General; M.-F. Contet, Principal Administrator, for                 technical progress for the second time Directive 90/220 (OJ
the Registrar, has given a judgment on 13 November 2003, in                  1997 L 169, p. 72), the French Republic has failed to fulfil its
which it has ruled:                                                          obligations under that directive and Article 249 EC, the Court
                                                                             (Sixth Chamber), composed of: J.-P. Puissochet, President of
                                                                             the Chamber, R. Schintgen, V. Skouris, N. Colneric (Rappor-
                                                                             teur) and J.N. Cunha Rodrigues, Judges; J. Mischo, Advocate
Council Directive 92/46/EEC of 16 June 1992 laying down the                  General; R. Grass, Registrar, has given a judgment on 20 Nov-
health rules for the production and placing on the market of raw             ember 2003, in which it:
 ---pagebreak--- C 7/10                  EN                          Official Journal of the European Union                                             10.1.2004
1.    Declares that, by failing to transpose Articles 5(1) to (4),          of the Fifth Chamber, D.A.O. Edward and A. La Pergola,
      11(1), (2) and (3) and 19(2) and (3) of Directive 90/220/             Judges; C. Stix-Hackl, Advocate General; L. Hewlett, Principal
      EEC of 23 April 1990 on the deliberate release into the               Administrator, for the Registrar, has given a judgment on
      environment of genetically modified organisms, as amended by          20 November 2003, in which it has ruled:
      Commission Directive 97/35/EC of 18 June 1997 adapting
      to technical progress for the second time Directive 90/220, the
      French Republic has failed to fulfil its obligations under that       1.   Article 13A(1)(c) of Sixth Council Directive 77/388/EEC of
      directive.                                                                 17 May 1977 on the harmonisation of the laws of the Member
                                                                                 States relating to turnover taxes — Common system of value
2.    Dismisses the remainder of the application.                                added tax: uniform basis of assessment, is to be interpreted as
                                                                                 meaning that the exemption from VAT under that provision
                                                                                 applies to medical services consisting of:
3.    Orders the French Republic to pay the costs.
                                                                                 —     conducting medical examinations of individuals for
                                                                                       employers or insurance companies,
(1) OJ C 259 of 15.9.2001.
                                                                                 —     the taking of blood or other bodily samples to test for the
                                                                                       presence of viruses, infections or other diseases on behalf
                                                                                       of employers or insurers, or
                                                                                 —     certification of medical fitness, for example, as to fitness
                                                                                       to travel,
                 JUDGMENT OF THE COURT                                           where those services are intended principally to protect the
                                                                                 health of the person concerned.
                          (Fifth Chamber)                                   2.   The said exemption does not apply to the following services,
                                                                                 performed in the exercise of the medical profession:
                      of 20 November 2003
                                                                                 —     giving certificates as to a person’s medical condition for
                                                                                       purposes such as entitlement to a war pension,
in Case C-307/01 (Reference for a preliminary ruling
from the Duties Tribunal, London): Peter d’Ambrumenil,
                                                                                 —     medical examinations conducted with a view to the
Dispute Resolution Services Ltd v Commissioners of
                                                                                       preparation of an expert medical report regarding issues of
                      Customs and Excise (1)
                                                                                       liability and the quantification of damages for individuals
                                                                                       contemplating personal injury litigation,
(Sixth VAT Directive — Exemption for medical care provided
 in the exercise of the medical and paramedical professions)                     —     the preparation of medical reports following examinations
                                                                                       referred to in the previous indent and medical reports
                                                                                       based on medical notes without conducting a medical
                            (2004/C 7/15)                                              examination,
                    (Language of the case: English)                              —     medical examinations conducted with a view to the
                                                                                       preparation of expert medical reports regarding pro-
                                                                                       fessional medical negligence for individuals contemplating
                                                                                       litigation,
In Case C-307/01: Reference to the Court under Article 234                       —     the preparation of medical reports following examinations
EC by the VAT and Duties Tribunal, London (United Kingdom),                            referred to in the previous indent and medical reports
for a preliminary ruling in the proceedings pending before that                        based on medical notes without conducting a medical
tribunal between Peter d’Ambrumenil, Dispute Resolution                                examination.
Services Ltd and Commissioners of Customs and Excise, on
the interpretation of Article 13A(1)(c) of Sixth Council Direc-
tive 77/388/EEC of 17 May 1977 on the harmonisation of the
laws of the Member States relating to turnover taxes —                      (1) OJ C 317 of 10.11.2001.
Common system of value added tax: uniform basis of assess-
ment (OJ 1977 L 145, p. 1), the Court (Fifth Chamber),
composed of: A. Rosas (Rapporteur), acting for the President