CELEX: C2003/289/11
Language: en
Date: 2003-11-29 00:00:00
Title: Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-32/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 98/59/EC — Term "Employer" — National law which excludes non-profit-making activities from the scope of the directive — Incomplete transposition)

C 289/6                  EN                            Official Journal of the European Union                                            29.11.2003
Annex A, Chapter I, point 2, indent (a), to Council Directive 85/              its external trade and give rise to an advantage for national trade at
73/EEC of 29 January 1985 on the financing of veterinary                       the expense of that of another Member State, provided that those
inspections and controls covered by Directives 89/662/EEC, 90/                 rules cannot be justified under Article 30 EC. It is for the national
425/EEC, 90/675/EEC and 91/496/EEC, as amended and consoli-                    court to ascertain whether that is so in the main proceedings.
dated by Council Directive 96/43/EC of 26 June 1996, must be
interpreted as meaning that the standard additional amount laid
down by that provision to cover the cost of the controls and inspections       (1) OJ C 84 of 6.4.2002.
connected with cutting operations is payable for all meat entering the
cutting plant, irrespective of whether it is actually cut in that cutting
plant.
(1) OJ C 68 of 16.3.2002.
                                                                                                 JUDGMENT OF THE COURT
                                                                                                        (Second Chamber)
                                                                                                        of 16 October 2003
                  JUDGMENT OF THE COURT
                                                                               in Case C-32/02: Commission of the European Communi-
                                                                                                     ties v Italian Republic (1)
                           (First Chamber)
                                                                               (Failure of a Member State to fulfil obligations — Directive
                         of 2 October 2001                                     98/59/EC — Term ‘Employer’ — National law which
                                                                               excludes non-profit-making activities from the scope of the
in Case C-12/02 (reference for a preliminary ruling form                                      directive — Incomplete transposition)
the Bayerisches Oberstes Landesgericht): criminal pro-
                 ceedings against Marco Grilli (1)                                                        (2003/C 289/11)
(Free movement of goods — Measures having equivalent                                                (Language of the case: Italian)
effect — Transfer by road to one Member State of a motor
vehicle purchased in another Member State — Temporary
                                                                               (Provisional translation; the definitive translation will be published
number plates — Criminal penalty for driving a vehicle
                                                                                                   in the European Court Reports)
                    without a valid registration)
                           (2003/C 289/10)
                                                                               In Case C-32/02, Commission of the European Communities
                                                                               (Agent: A. Aresu) v Italian Republic (Agent: I. M. Braguglia,
                    (Language of the case: German)                             assisted by M. Mari): Application for a declaration that, by not
                                                                               adopting the necessary provisions in respect of employers
(Provisional translation; the definitive translation will be published         engaged in non-profit-making activities, the Italian Republic
                    in the European Court Reports)                             has failed to fulfil its obligations under Council Directive 98/
                                                                               59/EC of 20 July 1998 on the approximation of the laws of
                                                                               the Member States relating to collective redundancies (OJ
                                                                               1998 L 225, p. 16), the Court (Second Chamber), composed
In Case C-12/02: reference to the Court under Article 234 EC                   of: R. Schintgen, President of the Chamber, V. Skouris and
by the Bayerisches Oberstes Landesgericht (Germany) for a                      N. Colneric (Rapporteur), Judges; P. Léger, Advocate General;
preliminary ruling in the criminal proceedings pending before                  R. Grass, Registrar, has given a judgment on 16 October 2003,
that court against Marco Grilli on the interpretation of                       in which it has ruled:
Article 29 EC, the Court (First Chamber), composed of
M. Wathelet (Rapporteur), President of the Chamber, P. Jann
and A. Rosas, P. Léger, Advocate General; R. Grass, Registrar,                 1.     Declares that, by not adopting the necessary provisions in
gave a judgment on 2 October 2003, the operative part of                              respect of employers engaged in non-profit-making activities,
which is as follows:                                                                  the Italian Republic has failed to fulfil its obligations under
                                                                                      Council Directive 98/59/EC of 20 July 1998 on the approxi-
                                                                                      mation of the laws of the Member States relating to collective
Article 29 EC precludes the rules of a Member State which prohibit                    redundancies;
a national of another Member State, on pain of criminal penalties
such as imprisonment or a fine, from taking to that other State a              2.     Orders the Italian Republic to pay the costs.
vehicle purchased in the first Member State bearing temporary
number plates issued, for the purpose of the export of the vehicle to
that other Member State, by the competent authorities of the latter            (1) OJ C 84 of 6.4.2002.
State, if those rules are of such a kind as to restrict export patterns,
create a difference in treatment between a State’s domestic trade and