CELEX: C2003/184/01
Language: en
Date: 2003-08-02 00:00:00
Title: Judgment of the Court of 12 June 2003 in Case C-112/00 (Reference for a preliminary ruling from the Oberlandesgericht Innsbruck): Eugen Schmidberger, Internationale Transporte und Planzüge v Republic of Austria (Free movement of goods — Restriction resulting from actions of individuals — Obligations of the Member States — Decision not to prohibit a demonstration by environmental protesters which resulted in the complete closure of the Brenner motorway for almost 30 hours — Justification — Fundamental rights — Freedom of expression and freedom of assembly — Principle of proportionality)

2.8.2003                EN                              Official Journal of the European Union                                                  C 184/1
                                                                             I
                                                                       (Information)
                                                          COURT OF JUSTICE
                                                                   COURT OF JUSTICE
                  JUDGMENT OF THE COURT                                          The fact that the authorities of a Member State did not ban a
                                                                                 demonstration in circumstances such as those of the main case is not
                                                                                 incompatible with Articles 30 and 34 of the EC Treaty (now, after
                           of 12 June 2003                                       amendment, Articles 28 EC and 29 EC), read together with Article 5
                                                                                 of the EC Treaty (now Article 10 EC).
in Case C-112/00 (Reference for a preliminary ruling from
                                                                                 (1) OJ C 163, 10.6.2000.
the Oberlandesgericht Innsbruck): Eugen Schmidberger,
Internationale Transporte und Planzüge v Republic of
                              Austria (1)
(Free movement of goods — Restriction resulting from
actions of individuals — Obligations of the Member States
— Decision not to prohibit a demonstration by environ-
mental protesters which resulted in the complete closure of
                                                                                                   JUDGMENT OF THE COURT
the Brenner motorway for almost 30 hours — Justification
— Fundamental rights — Freedom of expression and
      freedom of assembly — Principle of proportionality)                                                   (Sixth Chamber)
                           (2003/C 184/01)                                                                  of 12 June 2003
                                                                                 in Case C-229/00: Commission of the European Commu-
                    (Language of the case: German)
                                                                                                  nities v Republic of Finland (1)
(Provisional translation; the definitive translation will be published in        (Failure of a Member State to fulfil obligations — Directive
                      the European Court Reports)                                89/105/EEC — Failure to apply the procedure prescribed in
                                                                                 Article 6 of that directive to decisions determining the
                                                                                 categories of medicinal products qualifying for higher-rate
                                                                                 cover — Failure to provide objective and verifiable grounds
In Case C-112/00: Reference to the Court under Article 234                                               for negative decisions)
EC by the Oberlandesgericht Innsbruck (Austria) for a preli-
minary ruling in the proceedings pending before that court
between Eugen Schmidberger, Internationale Transporte und                                                   (2003/C 184/02)
Planzüge and Republic of Austria, on the interpretation of
Articles 30, 34 and 36 of the EC Treaty (now, after amend-                                           (Language of the case: Finnish)
ment, Articles 28 EC, 29 EC and 30 EC) read together with
Article 5 of the EC Treaty (now Article 10 EC), and on the
conditions for liability of a Member State for damage caused to                  (Provisional translation; the definitive translation will be published in
individuals by a breach of Community law, the Court,                                                   the European Court Reports)
composed        of:     G.C.     Rodríguez         Iglesias,    President,
J.-P. Puissochet, M. Wathelet and R. Schintgen (Rapporteur)
(Presidents of Chambers), C. Gulmann, D.A.O. Edward,
P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.                     In Case C-229/00, Commission of the European Communities
N. Cunha Rodrigues and A. Rosas, Judges; F.G. Jacobs, Advo-                      (Agents: I. Koskinen et H. Støvlbæk) v Republic of Finland
cate General; H.A. Rühl (Principal Administrator), Registrar, has                (Agents: T. Pynnä and E. Bygglin): Application for a declaration
given a judgment on 12 June 2003, in which it has ruled:                         that, by not adopting the laws, regulations and administrative