CELEX: C2004/047/05
Language: en
Date: 2004-02-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 11 December 2003 in Case C-215/01 (Reference for a preliminary ruling from the Amtsgericht Augsburg): Bruno Schnitzer (Freedom to provide services — Directive 64/427/EEC — Skilled services in the plastering trade — National rules requiring foreign skilled-trade undertakings to be entered on the trades register — Proportionality)

21.2.2004                EN                           Official Journal of the European Union                                                  C 47/3
The principle of cooperation arising from Article 10 EC imposes on            Advocate General; L. Hewlett, Principal Administrator, for the
an administrative body an obligation to review a final administrative         Registrar, has given a judgment on 7 January 2004, in which
decision, where an application for such review is made to it, in order        it has ruled:
to take account of the interpretation of the relevant provision given in
the meantime by the Court where                                               Article 141 EC, in principle, precludes legislation, such as that at
                                                                              issue before the national court, which, in breach of the European
—     under national law, it has the power to reopen that decision;           Convention for the Protection of Human Rights and Fundamental
                                                                              Freedoms, signed in Rome on 4 November 1950, prevents a couple
—     the administrative decision in question has become final as a           such as K.B. and R. from fulfilling the marriage requirement which
      result of a judgment of a national court ruling at final instance;      must be met for one of them to be able to benefit from part of the
                                                                              pay of the other. It is for the national court to determine whether in a
—     that judgment is, in the light of a decision given by the Court         case such as that in the main proceedings a person in K.B.’s situation
      subsequent to it, based on a misinterpretation of Community             can rely on Article 141 EC in order to gain recognition of her right
      law which was adopted without a question being referred to the          to nominate her partner as the beneficiary of a survivor’s pension.
      Court for a preliminary ruling under Article 234(3) EC; and
                                                                              (1) OJ C 150 of 19.5.2001.
—     the person concerned complained to the administrative body
      immediately after becoming aware of that decision of the Court.
(1) OJ C 61 of 24.2.2001.
                                                                                                JUDGMENT OF THE COURT
                                                                                                          (Fifth Chamber)
                   JUDGMENT OF THE COURT                                                              of 11 December 2003
                          of 7 January 2004                                   in Case C-215/01 (Reference for a preliminary ruling from
                                                                                    the Amtsgericht Augsburg): Bruno Schnitzer (1)
in Case C-117/01 (Reference for a preliminary ruling from
the Court of Appeal (England & Wales) (Civil Division):                       (Freedom to provide services — Directive 64/427/EEC —
K.B. v National Health Service Pensions Agency, Secretary                     Skilled services in the plastering trade — National rules
                        of State for Health (1)                               requiring foreign skilled-trade undertakings to be entered on
                                                                                           the trades register — Proportionality)
(Article 141 EC — Directive 75/117/EEC — Equal treatment
                                                                                                           (2004/C 47/05)
for men and women — Transsexual partner not entitled to a
survivor’s pension payable solely to a surviving spouse —
                Discrimination on grounds of sex)                                                 (Language of the case: German)
                           (2004/C 47/04)                                     (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
                     (Language of the case: English)
                                                                              In Case C-215/01: Reference to the Court under Article 234
                                                                              EC by the Amtsgericht Augsburg (Germany) for a preliminary
In Case C-117/01: Reference to the Court under Article 234                    ruling in the proceedings before that court against Bruno
EC by the Court of Appeal of England and Wales (Civil                         Schnitzer, on the interpretation of Articles 49 EC, 50 EC, 54
Division) for a preliminary ruling in the proceedings pending                 EC and 55 EC and Council Directive 64/427/EEC of 7 July
before that court between K.B. and National Health Service                    1964 laying down detailed provisions concerning transitional
Pensions Agency, Secretary of State for Health, on the interpret-             measures in respect of activities of self-employed persons in
ation of Article 141 EC and of Council Directive 75/117/EEC                   manufacturing and processing industries falling within ISIC
of 10 February 1975 on the approximation of the laws of the                   Major Groups 23-40 (Industry and small craft industries) (OJ,
Member States relating to the application of the principle of                 English Special Edition 1963-1964, p. 148), the Court (Fifth
equal pay for men and women (OJ 1975 L 45, p. 19), the Court,                 Chamber), composed of: D.A.O. Edward (Rapporteur), acting
composed of: V. Skouris, President, C.W.A. Timmermans,                        for the President of the Fifth Chamber, A. La Pergola and
J.N. Cunha Rodrigues (Rapporteur) and A. Rosas (Presidents                    S. von Bahr, Judges; J. Mischo, Advocate General; L. Hewlett,
of Chambers), D.A.O. Edward, J.-P. Puissochet, F. Macken,                     Principal Administrator, for the Registrar, has given a judgment
N. Colneric and S. von Bahr, Judges; D. Ruiz-Jarabo Colomer,                  on 11 December 2003, in which it has ruled:
 ---pagebreak--- C 47/4                   EN                           Official Journal of the European Union                                               21.2.2004
Community law on freedom to provide services precludes a business             composed of: V. Skouris, acting for the President of the
from being subject to an obligation to be entered on the trades register      Sixth Chamber, J.-P. Puissochet, R. Schintgen, F. Macken and
which delays, complicates or renders more onerous the provision of its        N. Colneric (Rapporteur), Judges; L.A. Geelhoed, Advocate
services in the host Member State where the conditions prescribed by          General; L. Hewlett, Principal Administrator, for the Registrar,
the directive governing recognition of professional qualifications            has given a judgment on 15 January 2004, in which it has
which is applicable to pursuit of that activity in the host Member            ruled:
State are satisfied.
                                                                              Articles 1 and 2 of Council Regulation (EEC) No 3950/92 of
                                                                              28 December 1992 establishing an additional levy in the milk and
The mere fact that a business established in one Member State
                                                                              milk products sector do not authorise the competent body to act
supplies identical or similar services in a repeated or more or less
                                                                              directly, in cases other than that of direct sales, against a producer to
regular manner in a second Member State, without having an
                                                                              recover the amount owed by him in respect of the additional levy on
infrastructure there enabling it to pursue a professional activity there
                                                                              milk. However, the Member States’ obligation under Article 10 EC
on a stable and continuous basis and, from the infrastructure, to hold
                                                                              to take measures to ensure collection of the levy in the event of the
itself out to, amongst others, nationals of the second Member State,
                                                                              mechanism provided for in Article 2(2) of that regulation being
cannot be sufficient for it to be regarded as established in the second
                                                                              frustrated includes the power to take direct action against the producer
Member State.
                                                                              with a view to recovering the amount payable where it is established
                                                                              that the producer has not paid it to the purchaser and that the
                                                                              purchaser is not taking due steps to collect it from the producer. On
(1) OJ C 212 of 28.7.2001.
                                                                              the other hand, non-compliance with the conditions laid down in
                                                                              Article 7 of Commission Regulation (EEC) No 536/93 of 9 March
                                                                              1993 laying down detailed rules on the application of the additional
                                                                              levy on milk and milk products, and in particular the absence of
                                                                              approval as purchaser, is not in itself relevant.
                                                                              (1) OJ C 352 of 4.12.1999.
                  JUDGMENT OF THE COURT
                          (Sixth Chamber)
                         of 15 January 2004
                                                                                                 JUDGMENT OF THE COURT
in Case C-230/01 (Reference for a preliminary ruling from
the Court of Appeal (England and Wales) (Civil Division):
The Intervention Board for Agricultural Produce v Peny-                                                of 13 January 2004
                   coed Farming Partnership (1)
                                                                              in Case C-256/01 (Reference for a preliminary ruling from
(Regulation (EEC) No 3950/92 — Additional levy in the                         the Court of Appeal (England & Wales) (Civil Division):
milk and milk products sector — Deliveries by a producer to                   Debra Allonby v Accrington & Rossendale College, Edu-
a purchaser — Payment of levy — Recovery from the                             cation Lecturing Services, trading as Protocol Pro-
                               producer)                                      fessional, formerly Education Lecturing Services Sec-
                                                                                    retary of State for Education and Employment (1)
                           (2004/C 47/06)
                                                                              (Principle of equal pay for men and women — Direct effect
                                                                              — Meaning of worker — Self-employed female lecturer
                     (Language of the case: English)                          undertaking work presumed to be of equal value to that
                                                                              which is undertaken in the same college by male lecturers
                                                                              who are employees, but under contract with a third company
                                                                              — Self-employed lecturers not eligible for membership of an
In Case C-230/01: Reference to the Court under Article 234                                        occupational pension scheme)
EC by the Court of Appeal (England and Wales) (Civil Division)
for a preliminary ruling in the proceedings pending before that                                           (2004/C 47/07)
court between The Intervention Board for Agricultural Produce
and Penycoed Farming Partnership, on the interpretation of
Council Regulation (EEC) No 3950/92 of 28 December 1992                                            (Language of the case: English)
establishing an additional levy in the milk and milk products
sector (OJ 1992 L 405, p. 1) and Commission Regulation
(EEC) No 536/93 of 9 March 1993 laying down detailed rules
on the application of the additional levy on milk and milk                    In Case C-256/01: Reference to the Court under Article 234
products (OJ 1993 L 57, p. 12), the Court (Sixth Chamber),                    EC by the Court of Appeal (England and Wales) (Civil Division)