CELEX: C2004/085/14
Language: en
Date: 2004-04-03 00:00:00
Title: Judgment of the Court (Third Chamber) of 5 February 2004 in Case C-270/02: Commission of the European Communities v Italian Republic (Measures having equivalent effect — Foodstuffs for sportsmen and women lawfully manufactured and marketed in other Member States — Prior marketing authorisation)

C 85/10                  EN                          Official Journal of the European Union                                               3.4.2004
Article 5(1) of the Convention of 27 September 1968 on jurisdiction          of initiating a procedure for that purpose without having
and the enforcement of judgments in civil and commercial matters,            shown that it is necessary and proportionate, the Italian
as amended by the Convention of 9 October 1978 on the accession              Republic has failed to fulfil its obligations under Articles 28
of the Kingdom of Denmark, Ireland and the United Kingdom of                 EC and 30 EC, the Court (Third Chamber), composed of:
Great Britain and Northern Ireland, by the Convention of 25 October          C. Gulmann, acting for the President of the Chamber, J.-
1982 on the accession of the Hellenic Republic and by the Convention         P. Puissochet and F. Macken (Rapporteur), Judges; J. Mischo,
of 26 May 1989 on the accession of the Kingdom of Spain and the              Advocate General; R. Grass, Registrar, has given a judgment
Portuguese Republic, must be interpreted as follows:                         on 5 February 2004, in which it:
                                                                             1.    Declares that, by maintaining in force legislation which subjects
‘matters relating to a contract’ do not cover the obligation which a
                                                                                   the marketing of food products for sportsmen and women
guarantor who paid customs duties under a guarantee obtained by
                                                                                   lawfully manufactured and marketed in other Member States to
the forwarding agent seeks to enforce in legal proceedings by way of
                                                                                   a requirement of applying for prior authorisation and of
subrogation to the rights of the customs authorities and by way of
                                                                                   initiating a procedure for that purpose without having shown
recourse against the owner of the goods, if the latter, who was not a
                                                                                   that it is necessary and proportionate, the Italian Republic has
party to the contract of guarantee, did not authorise the conclusion of
                                                                                   failed to fulfil its obligations under Articles 28 EC and 30 EC;
that contract.
                                                                             2.    Orders the Italian Republic to pay the costs.
(1) OJ C 233 of 28.9.2002.
                                                                             (1) OJ C 219 of 14.9.2002.
                  JUDGMENT OF THE COURT
                                                                                                JUDGMENT OF THE COURT
                          (Third Chamber)
                                                                                                         (Third Chamber)
                         of 5 February 2004
                                                                                                       of 12 February 2004
in Case C-270/02: Commission of the European Communi-
                      ties v Italian Republic (1)                            in Case C-406/02: Commission of the European Communi-
                                                                                                ties v Kingdom of Belgium (1)
(Measures having equivalent effect — Foodstuffs for sports-
men and women lawfully manufactured and marketed in                          (Failure of a Member State to fulfil its obligations — Failure
   other Member States — Prior marketing authorisation)                      to communicate reports required under Directives 76/464/
                                                                             EEC, 78/659/EEC and 80/68/EEC — Standardising and
                                                                             rationalising reports on the implementation of certain direc-
                            (2004/C 85/14)
                                                                                              tives relating to the environment)
                     (Language of the case: Italian)                                                      (2004/C 85/15)
(Provisional translation; the definitive translation will be published                             (Language of the case: French)
                    in the European Court Reports)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
In Case C-270/02, Commission of the European Communities
(Agents: C.-F. Durand and R. Amorosi) v Italian Republic
(Agent: I. M. Braguglia, assisted by G. Aiello, avvocato dello
Stato) with an address for service in Luxembourg: Application                In Case C-406/02, Commission of the European Communities
for a declaration that, by maintaining in force legislation which            (Agent: B. Stromsky) with an address for service in Luxem-
subjects the marketing of food products for sportsmen and                    bourg, v Kingdom of Belgium (Agent: E. Dominkovitz) with
women lawfully manufactured and marketed in other Member                     an address for service in Luxembourg: Application for a
States to a requirement of applying for prior authorisation and              declaration that, by failing to communicate to it, within the