CELEX: C2003/200/07
Language: en
Date: 2003-08-23 00:00:00
Title: Judgment of the Court of 10 July 2003 in Case C-87/01 P: Commission of the European Communities v Conseil des communes et régions d'Europe (CCRE) (Appeal — Commission decision effecting set-off between two claims governed by separate legal orders — Set-off in disregard of the rules of national law governing one of the claims concerned — Illegality)

C 200/4                 EN                            Official Journal of the European Union                                                23.8.2003
                  JUDGMENT OF THE COURT                                       2.    Refers the case back to the Court of First Instance;
                                                                              3.    Reserves the costs.
                            of 3 July 2003
                                                                              (1) OJ C 150 of 19.5.2001 of OJ C 134 of 5.5.2001.
in Joined Cases C-83/01 P, C-93/01 P and C-94/01 P:
                    Chronopost and Others (1)
(Appeal — State aid — Postal sector — Public undertaking
entrusted with a service of general economic interest —
Logistical and commercial assistance to a subsidiary not
operating in a reserved sector — Concept of State aid —
Criterion of private operator acting under normal market                                        JUDGMENT OF THE COURT
                              conditions)
                                                                                                         of 10 July 2003
                           (2003/C 200/06)
                                                                              in Case C-87/01 P: Commission of the European Commu-
                                                                              nities v Conseil des communes et régions d'Europe
                                                                                                            (CCRE) (1)
                     (Language of the case: French)
                                                                              (Appeal — Commission decision effecting set-off between
                                                                              two claims governed by separate legal orders — Set-off in
(Provisional translation; the definitive translation will be published in     disregard of the rules of national law governing one of the
                      the European Court Reports)                                                claims concerned — Illegality)
                                                                                                         (2003/C 200/07)
In Joined Cases C-83/01 P, C-93/01 P and C-94/01 P, Chrono-
post SA, established in Issy-les-Moulineaux (France), (repre-                                      (Language of the case: French)
sented by V. Bouaziz Torron and D. Berlin) (C-83/01 P),
LaPoste, established in Boulogne-Billancourt (France) (repre-
sented by H. Lehman) (C-94/01 P) French Republic (Agents:                     (Provisional translation; the definitive translation will be published in
G. de Bergues and F. Million) (C-93/01 P): Appeals against the                                      the European Court Reports)
judgment of the Court of First Instance of the European
Communities (Fourth Chamber, Extended Composition) of
14 December 2000 in Case T-613/97 Ufex and Others v
Commission [2000] ECR II-4055, seeking to have that judg-
ment set aside, the other parties to the proceedings being:                   In Case C-87/01 P, Commission of the European Communities
Union française de l'express (Ufex), established in Roissy-en-                (Agents: P. Oliver and H. M. H. Speyart): Appeal against the
France (France), DHL International, established in Roissy-en-                 judgment of the Court of First Instance of the European
France, Federal express international (France) SNC, established               Communities (Fourth Chamber) of 14 December 2000 in
in Gennevilliers (France), CRIE SA established in Asnières                    Case T-105/99 CEMR v Commission [2000] ECR II-4099,
(France) (represented by E. Morgan de Rivery and J. Derenne)                  seeking to have that judgment set aside, the other party to
and Commission of the European Communities, the Court,                        the proceedings being: Conseil des communes et régions d'Eu-
composed of: G. C. Rodríguez Iglesias, President, J.-                         rope (CCRE), established in Paris (France) (represented by
P. Puissochet and M. Wathelet (Rapporteur) (Presidents of                     F. Herbert and F. Renard), the Court, composed of:
Chambers), C. Gulmann, D. A. O. Edward, P. Jann, V. Skouris,                  G. C. Rodríguez Iglesias, President, M. Wathelet and
F. Macken, N. Colneric, S. von Bahr and A. Rosas, Judges;                     R. Schintgen (Presidents of Chambers), C. Gulmann, A. La
A. Tizzano, Advocate General; M.-F. Contet, Principal Admin-                  Pergola (Rapporteur), P. Jann, V. Skouris, N. Colneric, S. von
istrator, for the Registrar, has given a judgment on 3 July                   Bahr, J. N. Cunha Rodrigues and A. Rosas, Judges; P. Léger,
2003, in which it:                                                            Advocate General; H. von Holstein, Deputy Registrar, has given
                                                                              a judgment on 10 July 2003, in which it:
1.    Sets aside the judgment of the Court of First Instance of the           1.    Sets aside the judgment of the Court of First Instance of the
      European Communities of 14 December 2000 in Case T-613/                       European Communities of 14 December 2000 in Case T-105/
      97 Ufex and Others v Commission;                                              99 CEMR v Commission;
 ---pagebreak--- 23.8.2003                EN                           Official Journal of the European Union                                                 C 200/5
2.    Annuls the decision of the Commission of the European                         1996 marketing campaign, calculated on the period February
      Communities contained in its letter to the Council of European                1997 to December 2000;
      Municipalities and Regions (CEMR) of 15 February 1999,
      effecting set-off of their mutual claims;                               2.    Ordered the Hellenic Republic and the Commission of the
                                                                                    European Communities to bear their own costs;
3.    Orders the Commission to bear its own costs and to pay those
      incurred by the Council of European Municipalities and Regions          3.    Ordered the Federal Republic of Germany and the Kingdom of
      (CEMR) both at first instance and in connection with the                      Spain to bear their own costs.
      appeal.
                                                                              (1) OJ C 173 of 16.6.2001.
(1) OJ C 150 of 19.5.2001.
                                                                                                JUDGMENT OF THE COURT
                   JUDGMENT OF THE COURT
                                                                                                         (Fifth Chamber)
                            (Sixth Chamber)
                                                                                                          of 3 July 2003
                            of 12 June 2003
                                                                              in Case C-156/01 (Reference for a preliminary ruling from
in Case C-148/01: Hellenic Republic v Commission of the                       the Centrale Raad van Beroep (Netherlands): R.P. van der
                      European Communities (1)                                Duin v Onderlinge Waarborgmaatschappij ANOZ Zorgver-
                                                                              zekeringen UA, and between Onderlinge Waarborg-
                                                                              maatschappij ANOZ Zorgverzekeringen UA and T.W. van
(EAGGF — Clearing of accounts — Additional levy on milk                                           Wegberg-van Brederode (1)
— Late payment interest — Application for partial annul-
                  ment of Decision 2001/137/EC)
                                                                              (Social security — Pensioners and members of their family
                                                                              residing in a Member State other than the State liable for
                            (2003/C 200/08)                                   payment of the pension — Medical costs incurred in the
                                                                              Member State liable for payment of the pension — Condi-
                      (Language of the case: Greek)                           tions for assumption of responsibility — Competent Member
                                                                              State and competent institution — Articles 21, 22, 28 and
                                                                                            31 of Regulation (EEC) No 1408/71)
(Provisional translation; the definitive translation will be published in
                       the European Court Reports)
                                                                                                         (2003/C 200/09)
                                                                                                   (Language of the case: Dutch)
In Case C-148/01: Hellenic Republic (Agent: V. Kontolaimos
and C. Tsiavou) supported by Federal Republic of Germany
(Agents: W.-D. Plessing and M. Lumma) and Kingdom of Spain                    (Provisional translation; the definitive translation will be published in
(Agent: M. López-Monís Gallego, subsequently S. Ortiz                                               the European Court Reports)
Vaamonde) against Commission of the European Communities
(Agent: M. Condou-Durande — application for partial annul-
ment of Commission Decision 2001/137/EC of 5 February
                                                                              In Case C-156/01: Reference to the Court under Article 234
2001 excluding from Community financing certain expenditure
                                                                              EC by the Centrale Raad van Beroep (Netherlands) for a
incurred by the Member States under the Guarantee Section of
                                                                              preliminary ruling in the proceedings pending before that
the European Agricultural Guidance and Guarantee Fund
                                                                              court between R.P. van der Duin and Onderlinge Waarborg-
(EAGGF) (OJ 2001 L 50, p. 9) — the Court (Sixth Chamber),
                                                                              maatschappij ANOZ Zorgverzekeringen UA, and between
composed of J.-P. Puissochet, President of the Chamber,
                                                                              Onderlinge Waarborgmaatschappij ANOZ Zorgverzekeringen
R. Schintgen and V. Skouris, F. Macken and J. N. Cunha
                                                                              UA and T. W. van Wegberg-van Brederode on the interpreta-
Rodrigues (Rapporteur), Judges; L. A. Geelhoed, Advocate
                                                                              tion of Articles 21, 22(1)(c), 28 and 31 of Council Regulation
General; R. Grass, Registrar, gave a judgment on 12 June
                                                                              (EEC) No 1408/71 of 14 June 1971 on the application of
2003, in which it:
                                                                              social security schemes to employed persons and their families
                                                                              moving within the Community, as amended and updated by
1.    Annulled Commission Decision 2001/137/EC of 5 February                  Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ
      2001 excluding from Community financing certain expenditure             1983 L 230, p. 6), the Court (Fifth Chamber), composed of:
      incurred by the Member States under the Guarantee Section of            M. Wathelet, President of the Chamber, C. W. A. Timmermans,
      the European Agricultural Guidance and Guarantee Fund                   A. La Pergola (Rapporteur), P. Jann and S. von Bahr, Judges;
      (EAGGF) in so far as it imposed on the Hellenic Republic a              D. Ruiz-Jarabo Colomer, Advocate General; M.-F. Contet, Prin-
      financial adjustment by way of late payment interest accruing           cipal Administrator for the Registrar, has given a judgment on
      on the late payment of the additional levy due for the 1995/            3 July 2003, in which it has ruled: