CELEX: C2003/171/04
Language: en
Date: 2003-07-19 00:00:00
Title: Judgment of the Court of 20 May 2003 in CaseC-469/00 (Reference for a preliminary ruling from the Cour de cassation): Ravil SARL v Bellon import SARL, Biraghi SpA (Protected designations of origin — Regulation (EEC) No 2081/92 — Regulation (EEC) No 1107/96 — "Grana Padano" freshly grated — Specification — Convention between two Member States — Condition that the cheese is grated and packaged in the region of production — Articles 29 EC and 30 EC — Justification — Whether the condition may be relied on against third parties — Legal certainty— Publicity)

C 171/4                  EN                          Official Journal of the European Union                                               19.7.2003
J.-P. Puissochet, M. Wathelet (Rapporteur) and R. Schintgen                  in the proceedings pending before that court between Ravil
(Presidents of Chambers), C. Gulmann, D. A. O. Edward, A. La                 SARL og Bellon import SARL, Biraghi SpA, on the interpret-
Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von                 ation of Article 29 EC, the Court, composed of: G. C. Rodríguez
Bahr and J. N. Cunha Rodrigues, Judges; A. Tizzano, Advocate                 Iglesias, President, J.-P. Puissochet, M. Wathelet, R. Schintgen
General; M.-F. Contet, Principal Administrator, for the Regis-               and C. W. A. Timmermans (Presidents of Chambers), C. Gul-
trar, has given a judgment on 20 May 2003, in which it has                   mann (Rapporteur), D. A. O. Edward, P. Jann, V. Skouris,
ruled:                                                                       F. Macken, N. Colneric, S. von Bahr and J. N. Cunha Rodrigues,
                                                                             Judges; S. Alber, Advocate General; M.-F. Contet, Principal
1.    Articles 6(1)(c) and 7(c) and (e) of Directive 95/46/EC of the         Administrator, for the Registrar, has given a judgment on
      European Parliament and of the Council of 24 October 1995              20 May 2003, in which it has ruled:
      on the protection of individuals with regard to the processing of
      personal data and on the free movement of such data do not
      preclude national legislation such as that at issue in the main
      proceedings, provided that it is shown that the wide disclosure
      not merely of the amounts of the annual income above a certain
      threshold of persons employed by the bodies subject to control         1.    As regards the period prior to the entry into force of Commission
      by the Rechnungshof but also of the names of the recipients of               Regulation (EC) No 1107/96 of 12 June 1996 on the
      that income is necessary for and appropriate to the objective of             registration of geographical indications and designations of
      proper management of public funds pursued by the legislature,                origin under the procedure laid down in Article 17 of Council
      that being for the national courts to ascertain.                             Regulation (EEC) No 2081/92, Article 29 EC must be
                                                                                   interpreted as not precluding a convention concluded between
2.    Articles 6(1)(c) and 7(c) and (e) of Directive 95/46 are directly            two Member States A and B, such as the Convention between
      applicable, in that they may be relied on by an individual before            the French Republic and the Italian Republic on the protection
      the national courts to oust the application of rules of national             of designations of origin, indications of provenance and names
      law which are contrary to those provisions.                                  of certain products, signed in Rome on 28 April 1964, from
                                                                                   making applicable in Member State A national legislation of
                                                                                   Member State B, such as that referred to by the national court,
( 1) OJ C 79 of 10.03.2001 and OJ C 173 of 16.06.2001.                             under which the designation of origin of a cheese, protected in
                                                                                   Member State B, is reserved, for cheese marketed in grated
                                                                                   form, to cheese grated and packaged in the region of production.
                  JUDGMENT OF THE COURT                                      2.    Council Regulation (EEC) No 2081/92 of 14 July 1992 on
                                                                                   the protection of geographical indications and designations of
                           of 20 May 2003                                          origin for agricultural products and foodstuffs, as amended by
                                                                                   the Act concerning the conditions of accession of the Republic
                                                                                   of Austria, the Republic of Finland and the Kingdom of Sweden
in Case C-469/00 (Reference for a preliminary ruling from                          and the adjustments to the Treaties on which the European
the Cour de cassation): Ravil SARL v Bellon import SARL,                           Union is founded, must be interpreted as not precluding the use
                            Biraghi SpA ( 1)                                       of a protected designation of origin from being subject to the
                                                                                   condition that operations such as the grating and packaging of
(Protected designations of origin — Regulation (EEC)                               the product take place in the region of production, where such a
No 2081/92 — Regulation (EEC) No 1107/96 — ‘Grana                                  condition is laid down in the specification.
Padano’ freshly grated — Specification — Convention
between two Member States — Condition that the cheese is
grated and packaged in the region of production —
Articles 29 EC and 30 EC — Justification — Whether the
condition may be relied on against third parties — Legal                     3.    Where the use of the protected designation of origin ‘Grana
                        certainty— Publicity)                                      Padano’ for cheese marketed in grated form is made subject to
                                                                                   the condition that grating and packaging operations be carried
                                                                                   out in the region of production, this constitutes a measure
                           (2003/C 171/04)
                                                                                   having equivalent effect to a quantitative restriction on exports
                                                                                   within the meaning of Article 29 EC, but may be regarded as
                     (Language of the case: French)                                justified, and hence compatible with that provision.
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             4.    However, the condition in question may not be relied on against
                                                                                   economic operators, as it was not brought to their knowledge
In Case C-469/00: Reference to the Court under Article 234                         by adequate publicity in Community legislation. Nevertheless,
EC by the Cour de cassation (France) for a preliminary ruling                      the principle of legal certainty does not preclude that condition
 ---pagebreak--- 19.7.2003                EN                          Official Journal of the European Union                                                C 171/5
      from being regarded by the national court as capable of being          of the Fourth Chamber, acting for the President of the Fifth
      relied on against operators who carried on the activity of grating     Chamber, D. A. O. Edward, P. Jann, S. von Bahr and A. Rosas,
      and packaging the product in the period prior to the entry into        Judges; S. Alber, Advocate General; M.-F. Contet, Principal
      force of Regulation No 1107/96, should that court consider             Administrator, for the Registrar, has given a judgment on
      that during that period the Decree of 4 November 1991 was              22 May 2003, in which it has ruled:
      applicable by virtue of the aforesaid Convention between the
      French Republic and the Italian Republic and capable of being          1.    A limited company established, owned and managed by a
      relied on against those concerned by virtue of the national rules            regional or local authority meets a need in the general interest,
      on publicity.                                                                within the meaning of the second subparagraph of Article 1(b)
                                                                                   of Council Directive 92/50/EEC of 18 June 1992 relating to
                                                                                   the coordination of procedures for the award of public service
( 1) OJ C 469 of 10.2.2001.                                                        contracts, where it acquires services with a view to promoting
                                                                                   the development of industrial or commercial activities on the
                                                                                   territory of that regional or local authority. To determine
                                                                                   whether that need has no industrial or commercial character,
                                                                                   the national court must assess the circumstances which prevailed
                                                                                   when that company was set up and the conditions in which it
                                                                                   carries on its activity, taking account in particular of the fact
                                                                                   that it does not aim primarily at making a profit, the fact that
                                                                                   it does not bear the risks associated with the activity, and any
                                                                                   public financing of the activity in question.
                  JUDGMENT OF THE COURT
                                                                             2.    The fact that the premises to be constructed are leased only to a
                                                                                   single undertaking is not capable of calling into question the
                           (Fifth Chamber)                                         lessor’s status of a body governed by public law, where it is
                                                                                   shown that the lessor meets a need in the general interest not
                                                                                   having an industrial or commercial character.
                           of 22 May 2003
                                                                             (1 ) OJ C 95 of 24.3.2001.
in Case C-18/01 (Reference for a preliminary ruling
from the Kilpailuneuvosto): Arkkitehtuuritoimisto Riitta
Korhonen Oy, Arkkitehtitoimisto Pentti Toivanen Oy,
Rakennuttajatoimisto Vilho Tervomaa v Varkauden Taito-
                              talo Oy (1)                                                      JUDGMENT OF THE COURT
                                                                                                        (Fifth Chamber)
(Directive 92/50/EEC — Public service contracts — Defi-
nition of ‘contracting authoritye’ — Body governed by public                                            of 22 May 2003
law — Company set up by a regional or local authority to
promote the development of industrial or commercial activi-                  in Case C-103/01: Commission of the European Communi-
              ties on the territory of that authority)                                    ties v Federal Republic of Germany (1)
                           (2003/C 171/05)                                   (Failure of a Member State to fulfil obligations — Directive
                                                                             89/686/EEC — Scope — Derogations — Personal protective
                                                                             equipment designed and manufactured specifically for use
                    (Language of the case: Finnish)                           by the armed forces or in the maintenance of law and order)
                                                                                                        (2003/C 171/06)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                               (Language of the case: German)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
In Case C-18/01: Reference to the Court under Article 234 EC
by the Kilpailuneuvosto (Finland) for a preliminary ruling in                In Case C-103/01, Commission of the European Communities
the proceedings pending before that court between Arkkitehtu-                (Agent: J. Shieferer) v Federal Republic of Germany (Agents:
uritoimisto Riitta Korhonen Oy, Arkkitehtitoimisto Pentti                    W.-D. Plessing, B. Muttelsee-Schön and H.-W. Rengeling)
Toivanen Oy, Rakennuttajatoimisto Vilho Tervomaa and Var-                    supported by French Republic (Agents: G. de Bergues and
kauden Taitotalo Oy, on the interpretation of Article 1(b) of                D. Colas): Application for a declaration that, by making, by
Council Directive 92/50/EEC of 18 June 1992 relating to the                  means of the legislation of certain Länder, personal protective
coordination of procedures for the award of public service                   equipment for firefighters subject to additional requirements,
contracts (OJ 1992 L 209, p. 1), the Court (Fifth Chamber),                  although it complies with the requirements of Council Direc-
composed of: C. W. A. Timmermans (Rapporteur), President                     tive 89/686/EEC of 21 December 1989 on the approximation