CELEX: C2003/146/17
Language: en
Date: 2003-06-21 00:00:00
Title: Judgment of the Court (Second Chamber) of 8 May 2003 in Case C-268/01 (Reference for a preliminary ruling from the Verwaltungsgericht Weimar): Agrargenossenschaft Alkersleben eG, v Freistaat Thüringen, (Milk and milk products — Council Regulation (EEC) No 3950/92 — Scheme applicable to the territory of the former German Democratic Republic — Reference quantities — Concepts of "producer" and "holding" — Lessee of a holding situated within that territory)

C 146/10                  EN                          Official Journal of the European Union                                                21.6.2003
—     precluding the application of national legislation which excludes                         JUDGMENT OF THE COURT
      Turkish workers duly registered as belonging to the labour force
      of the host Member State from eligibility for election to the
      general assembly of a body representing and defending the                                         (Second Chamber)
      interests of workers, such as the chambers of workers in Austria.
                                                                                                           of 8 May 2003
( 1) OJ C 173 of 16.6.2001.
                                                                              in Case C-268/01 (Reference for a preliminary ruling from
                                                                              the Verwaltungsgericht Weimar): Agrargenossenschaft
                                                                                        Alkersleben eG, v Freistaat Thüringen, ( 1)
                                                                              (Milk and milk products — Council Regulation (EEC)
                                                                              No 3950/92 — Scheme applicable to the territory of the
                   JUDGMENT OF THE COURT                                      former German Democratic Republic — Reference quantities
                                                                              — Concepts of ‘producer’ and ‘holding’ — Lessee of a
                                                                                            holding situated within that territory)
                           (Sixth Chamber)
                                                                                                          (2003/C 146/17)
                           of 10 April 2003
                                                                                                   (Language of the case: German)
in Case C-217/01 P: Michel Hendrickx v Centre européen
pour le développement de la formation professionnelle
                              (Cedefop) ( 1)                                  (Provisional translation; the definitive translation will be published
                                                                                                   in the European Court Reports)
(Appeal — Officials — Resettlement Allowance — Action
which has become devoid of purpose — No need to adjudi-
                                  cate)
                                                                              In Case C-268/01: Reference to the Court under Article 234 EC
                                                                              by the Verwaltungsgericht Weimar (Germany) for a prelimi-
                            (2003/C 146/16)                                   nary ruling in the proceedings pending before that court
                                                                              between Agrargenossenschaft Alkersleben eG, and Freistaat
                      (Language of the case: French)                          Thüringen, on the interpretation of Articles 3(2), 4(4), 5 and
                                                                              9(c) and (d) of Council Regulation (EEC) No 3950/92 of
                                                                              28 December 1992 establishing an additional levy in the milk
(Provisional translation; the definitive translation will be published        and milk products sector (OJ 1992 L 405, p. 1), as amended
                     in the European Court Reports)                           by Commission Regulation (EC) No 751/1999 of 9 April 1999
                                                                              (OJ 1999 L 96, p. 11), the Court (Second Chamber), composed
                                                                              of: R. Schintgen, President of the Chamber, V. Skouris
                                                                              (Rapporteur) and N. Colneric, Judges; P. Léger, Advocate
In Case C-217/01 P, Michel Hendrickx (represented by                          General; R. Grass, Registrar, has given a judgment on 8 May
J.-N. Louis and V. Peere): Appeal against the order of the Court              2003, in which it has ruled:
of First Instance of the European Communities (Fifth Chamber)
of 12 March 2001 in Case T-298/00 Hendrickx v Cedefop
(not published in the ECR), seeking to have that order set aside,             1.    Article 9(c) and (d) of Council Regulation No 3950/92 of
the other party to the proceedings being: Centre européen pour                      28 December 1992 establishing an additional levy in the
le développement de la formation professionnelle (Cedefop)                          milk and milk products sector, as amended by Commission
(represented by B. Wägenbaur), the Court (Sixth Chamber),                           Regulation (EC) No 751/1999 of 9 April 1999 and read
composed of: J.-P. Puissochet, President of the Chamber,                            with Articles 3(2), 4(4) and 5 of the former regulation, must
C. Gulmann, F. Macken, N. Colneric (Rapporteur) and                                 be interpreted as meaning that all the milk production of a
J.N. Cunha Rodrigues, Judges; A. Tizzano, Advocate General;                         farmer established in the territory of the former German
R. Grass, Registrar, has given a judgment on 10 April 2003, in                      Democratic Republic obtained on an independent basis in
which it:                                                                           leased facilities situated in that territory but in different länder
                                                                                    must be imputed to the reference quantity provisionally allocated
                                                                                    to him.
1.    Dismisses the appeal;
                                                                              2.    Article 9(c) and (d) of Regulation No 3950/92, as amended
2.    Orders Mr Hendrickx to pay the costs.                                         by Regulation No 751/99, and read with Articles 3(2), 4(4)
                                                                                    and 5 of the former regulation, must be interpreted as precluding
                                                                                    the competent national authorities from prohibiting a producer
( 1) OJ C 212 of 28.7.2001.
                                                                                    established in the former German Democratic Republic from
                                                                                    transferring his milk production to facilities in a commune
                                                                                    which, although forming part of that territory on the date of
 ---pagebreak--- 21.6.2003                EN                            Official Journal of the European Union                                              C 146/11
      reunification of Germany, is henceforth incorporated in one of                            JUDGMENT OF THE COURT
      the pre-existing länder of the Federal Republic of Germany
      under a treaty concluded after that date.
                                                                                                         (Fifth Chamber)
( 1) OJ C 275 of 29.9.2001.
                                                                                                          of 8 May 2003
                                                                               in Case C-384/01: Commission of the European Communi-
                                                                                                    ties v French Republic ( 1)
                  JUDGMENT OF THE COURT
                                                                               (Failure of a State to fulfil obligations — Sixth VAT
                           (Fifth Chamber)                                     Directive — Article 12(3)(a) and (b) — Supplies of gas and
                                                                               electricity delivered by the public networks — Standing
                           of 3 April 2003                                               charge for supply networks — Reduced rate)
in Case C-277/01 P: European Parliament v Ignacio Samp-
                                  er (1)                                                                 (2003/C 146/19)
(Appeals — Officials — Reconstruction of career — Con-
                 sideration of comparative merits)                                                 (Language of the case: French)
                           (2003/C 146/18)
                                                                               (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
                     (Language of the case: French)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                               In Case C-384/01, Commission of the European Communities
                                                                               (Agents: E. Traversa and C. Giolito) v French Republic (Agents:
                                                                               G. de Bergues and P. Boussaroque): Application for a declar-
In Case C-277/01 P, European Parliament (Agents: H. von
                                                                               ation that, by applying a reduced rate of value added tax to the
Hertzen and D. Moore): Appeal against the judgment of the
                                                                               fixed part of the prices for gas and electricity supplied by the
Court of First Instance of the European Communities (Fourth
                                                                               public networks, the French Republic has failed to fulfil its
Chamber) of 3 May 2001 in Case T-99/00 Samper v Parliament
                                                                               obligations under Article 12(3)(a) and (b) of Sixth Council
[2001] ECR-SC I-A-111 and II-507, seeking to have that
                                                                               Directive 77/388/EC of 17 May 1977 on the harmonisation
judgment set aside, the other party to the proceedings being:
                                                                               of the laws of the Member States relating to turnover taxes —
Ignacio Samper employee of the European Parliament, resident
                                                                               Common system of value added tax: uniform basis of assess-
in Madrid (Spain), (represented by E. Boigelot), the Court
                                                                               ment (OJ 1977 L 145, p. 1), as amended by Council Directive
(Fifth Chamber), composed of: M. Wathelet, President of the
                                                                               96/95/EC of 20 December 1996 amending, with regard to the
Chamber, C.W.A. Timmermans, A. La Pergola, P. Jann and
                                                                               level of the standard rate of value added tax, Directive 77/388/
S. von Bahr (Rapporteur), Judges; L.A. Geelhoed, Advocate
                                                                               EEC (OJ 1996 L 338, p. 89), the Court (Fifth Chamber),
General; R. Grass, Registrar, has given a judgment on 3 April
                                                                               composed of: M. Wathelet, President of the Chamber,
2003, in which it has ruled:
                                                                               D.A.O. Edward (Rapporteur), A. La Pergola, P. Jann and
                                                                               A. Rosas, Judges; S. Alber, Advocate General; R. Grass,
1.    Annuls the judgment of the Court of First Instance of 3 May              Registrar, has given a judgment on 8 May 2003, in which it:
      2001 in Case T-99/00 Samper v Parliament;
2.    Refers the case back to the Court of First Instance for it to give       1.    Dismisses the application;
      judgment on the claims by Mr Samper for annulment of
      the decision of the European Parliament of 9 June 1999
      reconstructing his career, in so far as it sets at 1 January 1998        2.    Orders the Commission of the European Communities to pay
      the date for his promotion to Grade A 4 to take effect;                        the costs.
3.    Reserves the costs.
                                                                               (1 ) OJ C 348 of 8.12.2001.
( 1) OJ C 245 of 1.9.2001.