CELEX: C2003/007/11
Language: en
Date: 2003-01-11 00:00:00
Title: Order of the Court (Fourth Chamber) of 5 November 2002 in Case C-204/01 (reference for a preliminary ruling from the Verwaltungsgerichtshof): Tilmann Klett v Bundesministerin für Bildung, Wissenschaft und Kultur (Article 104(3) of the Rules of Procedure — Freedom to provide services — Directives 78/686/EEC and 93/16/EEC — Mutual recognition of diplomas, certificates and other evidence of formal qualifications — Access to training as a dental practitioner — Act of Accession of the Republic of Austria)

C 7/6                    EN                        Official Journal of the European Communities                                          11.1.2003
(Agents: G. de Bergues and D. Colas): Application for a                       (Agents: initially F. van de Craen, and, subsequently, A. Snoecx):
declaration that, by failing in sufficient measure to classify as             Application for a declaration that, by failing to adopt the laws,
special protection areas the territories most suitable for the                regulations and administrative provisions necessary to comply
conservation of the species of wild bird referred to in Annex I               with Council Directive 97/11/EC of 3 March 1997 amending
to Council Directive 79/409/EEC of 2 April 1979 on the                        Directive 85/337/EEC on the assessment of the effects of
conservation of wild birds (OJ 1979 L 103, p. 1), as amended                  certain public and private projects on the environment (OJ
by Commission Directive 97/49/EC of 29 July 1997 (OJ 1997                     1997 L 73, p. 5) or, alternatively, by failing to communicate
L 223, p. 9), and of migratory species, and, in particular, by                them to the Commission, the Kingdom of Belgium has failed
failing to classify a sufficiently large area of land on the Plaine           to fulfil its obligations under that directive, the Court (Sixth
des Maures (France) as a special protection area, the French                  Chamber), composed of: J.-P. Puissochet (Rapporteur), Presi-
Republic has failed to comply with its obligations under the                  dent of the Chamber, R. Schintgen, V. Skouris, F. Macken and
Directive and has failed to fulfil its obligations under the EC               J.N. Cunha Rodrigues, Judges; C. Stix-Hackl, Advocate General;
Treaty, the Court (Sixth Chamber), composed of:                               R. Grass, Registrar, has given a judgment on 19 November
J.-P. Puissochet, President of the Chamber, C. Gulmann (Rap-                  2002, in which it:
porteur), F. Macken, N. Colneric and J.N. Cunha Rodrigues,
Judges; S. Alber, Advocate General; R. Grass, Registrar, has                  1.    Declares that, by failing to bring into force within the
given a judgment on 26 November 2002, in which it:                                  period prescribed all the laws, regulations and administrative
                                                                                    provisions necessary to comply with Council Directive 97/11/
1.    Declares that, by not in sufficient measure classifying as special            EC of 3 March 1997 amending Directive 85/337/EEC on the
      protection areas the territories most suitable for the conservation           assessment of the effects of certain public and private projects
      of the species of wild bird referred to in Annex I to Council                 on the environment, the Kingdom of Belgium has failed to fulfil
      Directive 79/409/EEC of 2 April 1979 on the conservation of                   its obligations under that directive.
      wild birds, as amended by Commission Directive 97/49/EC of
      29 July 1997, and of migratory species, and, in particular, by          2.    Orders the Kingdom of Belgium to pay the costs.
      not classifying a sufficiently large area of the Plaine des Maures
      (France) as a special protection area, the French Republic has
      failed to comply with its obligations under Article 4(1) and (2)        (1 ) OJ C 289 of 13.10.2001.
      of that directive;
2.    Orders the French Republic to pay the costs.
( 1) OJ C 212 of 28.7.2001.
                                                                                                   ORDER OF THE COURT
                                                                                                       (Fourth Chamber)
                                                                                                      of 5 November 2002
                  JUDGMENT OF THE COURT
                                                                              in Case C-204/01 (reference for a preliminary ruling from
                          (Sixth Chamber)                                     the Verwaltungsgerichtshof): Tilmann Klett v Bundes-
                                                                                   ministerin für Bildung, Wissenschaft und Kultur (1)
                       of 19 November 2002
                                                                              (Article 104(3) of the Rules of Procedure — Freedom to
in Case C-319/01: Commission of the European Communi-                         provide services — Directives 78/686/EEC and 93/16/EEC
                  ties v Kingdom of Belgium (1)                               — Mutual recognition of diplomas, certificates and other
                                                                              evidence of formal qualifications — Access to training as a
(Failure by a Member State to fulfil its obligations —                        dental practitioner — Act of Accession of the Republic of
Assessment of the effects of certain projects on the environ-                                                Austria)
                   ment — Directive 97/11/EC)
                                                                                                          (2003/C 7/11)
                            (2003/C 7/10)
                                                                                                  (Language of the case: German)
                     (Language of the case: French)
                                                                              (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                            in the European Court Reports)
                    in the European Court Reports)
                                                                              In Case C-204/01 P: reference to the Court under Article 234
In Case C-319/01, Commission of the European Communities                      EC from the Verwaltungsgerichtshof (Austria) for a preliminary
(Agents: G. zur Hausen and J. Adda) v Kingdom of Belgium                      ruling in the proceedings pending before that court between
 ---pagebreak--- 11.1.2003               EN                       Official Journal of the European Communities                                          C 7/7
Tilmann Klett and Bundesministerin für Bildung, Wissenschaft                of the European Communities (Fifth Chamber, Extended
und Kultur — on the interpretation of Article 12 EC, Article 19             Composition) of 7 June 2001 in Case T-187/99 Agrana Zucker
EC, Article 19b of Council Directive 78/686/EEC of 25 July                  und Stärke v Commission [2001] ECR II-1587, seeking to
1978 concerning the mutual recognition of diplomas, certifi-                have that judgment set aside, the other party to the proceedings
cates and other evidence of the formal qualifications of                    being: Commission of the European Communities (Agents:
practitioners of dentistry, including measures to facilitate the            M. Erhart and D. Triantafyllou) — the Court (Third Chamber),
effective exercise of the right of establishment and freedom to             composed of J.-P. Puissochet, President of the Chamber,
provide services (OJ 1978 L 233, p. 1), as amended by the Act               F. Macken and J.N. Cunha Rodrigues (Rapporteur), Judges:
concerning the conditions of accession of the Republic of                   F.G. Jacobs, Advocate General; R. Grass, Registrar, has made
Austria, the Republic of Finland and the Kingdom of Sweden                  an order on 5 November 2002, the operative part of which is
and the adjustments to the Treaties on which the European                   as follows:
Union is founded (OJ 1994 C 241, p. 21 and OJ 1995 L 1,
p. 1), and Articles 3 and 9 of Council Directive 93/16/EEC of
5 April 1993 to facilitate the free movement of doctors and                 1.    The appeal is dismissed;
the mutual recognition of their diplomas, certificates and other
evidence of formal qualifications (OJ 1993 L 165, p. 1), as                 2.    Agrana Zucker and Stärke AG shall pay the costs.
amended by that act of accession — the Court (Fourth
Chamber), composed of C.W.A. Timmermanns (Rapporteur),
President of the Chamber, D.A.O. Edward and S. von Bahr,
Judges: A. Tizzano, Advocate General; R. Grass, Registrar, has              (1 ) OJ No C 303, 27.10.01.
made an order on 5 November 2002, the operative part of
which is as follows:
Article 19b of Council Directive 78/686/EEC of 25 July 1978
concerning the mutual recognition of diplomas, certificates and other
evidence of the formal qualifications of practitioners of dentistry,
including measures to facilitate the effective exercise of the right of
establishment and freedom to provide services, as amended by the Act
concerning the conditions of accession of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden and the adjustments           Reference for a preliminary ruling by the Bundessozial-
to the Treaties on which the European Union is founded, must be             gericht by order of that Court of 15 August 2002 in the
interpreted as meaning that a person whose qualification in general         case of Roberto Adanez-Vega against Bundesanstalt für
medical practice has not been awarded by an Austrian university                                            Arbeit
cannot be admitted to the specialist training in dentistry given in that
Member State.
                                                                                                     (Case C-372/02)
( 1) OJ No C 227, 11.8.01.
                                                                                                       (2003/C 7/13)
                    ORDER OF THE COURT
                                                                            Reference has been made to the Court of Justice of the
                         (Third Chamber)                                    European Communities by order of the Bundessozialgericht
                                                                            (Federal Social Court) of 15 August 2002, received at the
                       of 5 November 2002                                   Court Registry on 16 October 2002, for a preliminary ruling
                                                                            in the case of Roberto Adanez-Vega against Bundesanstalt für
    in Case C-321/01 P: Agrana Zucker und Stärke AG (1)                     Arbeit on the following questions:
(Appeal — State aid — Act of Accession of the Republic of                   1.    Is a person who claims benefits under German unemploy-
Austria — Joint Declaration No 31 annexed to the Final Act                        ment insurance more than two months after completing
     of the Treaty of Accession of the Republic of Austria)                       his compulsory national service in Spain subject to
                           (2003/C 7/12)
                                                                                  (a)   Spanish legislation under Article 13(2)(e) of Council
                   (Language of the case: German)                                       Regulation (EEC) No 1408/71 of 14 June 1971 (1)
                                                                                        on the application of social security schemes to
(Provisional translation; the definitive translation will be published                  employed persons, to self-employed persons and
                   in the European Court Reports)                                       to members of their families moving within the
                                                                                        Community, as amended and updated by Council
                                                                                        Regulation (EEC) No 2001/83 of 2 June 1983 (2),
In Case C-321/01 P: Agrana Zucker und Stärke AG, established                            as amended by Council Regulation (EEC) No 2195/
in Vienna (Austria) (Lawyers: W. Barfuß and H. Wollmann) —                              91 of 25 June 1991 (3) — hereinafter, ‘Regulation
Appeal against the judgment of the Court of First Instance                              1408/71’ — or