CELEX: C2003/264/05
Language: en
Date: 2003-11-01 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 September 2003 in Case C-346/00: United Kingdom of Great Britain and Northern Ireland v Commission of the European Communities (EAGGF — Clearance of accounts — Financial years 1996 and 1997 — Arable crops)

C 264/4                 EN                         Official Journal of the European Union                                             1.11.2003
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                          (Fifth Chamber)                                                           (Fifth Chamber)
                      of 18 September 2003                                                       of 18 September 2003
in Case C-346/00: United Kingdom of Great Britain                          in Case C-416/00 (Reference for a preliminary ruling from
and Northern Ireland v Commission of the European                          the Tribunale Civile di Padova): Tommaso Morellato v
                          Communities (1)                                                        Comune di Padova (1)
(EAGGF — Clearance of accounts — Financial years                           (Articles 30 and 36 of the EC Treaty (now, after amendment,
                1996 and 1997 — Arable crops)                              Articles 28 EC and 30 EC — Selling arrangements —
                                                                           National legislation requiring prior packaging and specific
                                                                           labelling for the marketing of deep-frozen bread lawfully
                                                                           produced in a Member State and placed on the market in
                          (2003/C 264/05)                                           another Member State after further baking)
                   (Language of the case: English)                                                  (2003/C 264/06)
                                                                                               (Language of the case: Italian)
In Case C-346/00, United Kingdom of Great Britain and
Northern Ireland (Agent: R. Magrill, assisted by P. Roth, QC) v            (Provisional translation; the definitive translation will be published
Commission of the European Communities (Agents: M. Niejahr                                    in the European Court Reports)
and K. Fitch): Application for partial annulment of Commission
Decision 2000/449/EC of 5 July 2000 excluding from Com-
munity financing certain expenditure incurred by the Member
States under the Guarantee Section of the European Agricul-
tural Guidance and Guarantee Fund (EAGGF) (OJ 2000 L 180,
p. 49), in so far as it excluded from Community financing, for             In Case C-416/00: Reference to the Court under Article 234
the financial years 1996 and 1997, expenditure of EUR                      EC by the Tribunale Civile di Padova (Italy) for a preliminary
5 039 175.46 incurred by the United Kingdom in the                         ruling in the proceedings pending before that court between
arable crops sector, the Court (Fifth Chamber), composed of:               Tommaso Morellato and Comune di Padova, on the interpret-
D.A.O. Edward, acting for the President of the Fifth Chamber,              ation of Articles 30 and 36 of the EC Treaty (now, after
A. La Pergola, P. Jann, S. von Bahr (Rapporteur) and A. Rosas,             amendment, Articles 28 and 30 EC), the Court (Fifth Chamber),
Judges; A. Tizzano, Advocate General; L. Hewlett, Principal                composed of: C.W.A. Timmermans, President of the Fourth
Administrator, for the Registrar, has given a judgment on                  Chamber, acting for the President of the Fifth Chamber,
18 September 2003, in which it:                                            D.A.O. Edward (Rapporteur), A. La Pergola, P. Jann and S. von
                                                                           Bahr, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
                                                                           R. Grass, Registrar, has given a judgment on 18 September
1.    Dismisses the application;                                           2003, in which it has ruled:
2.    Orders the United Kingdom of Great Britain and Northern              1.   The requirement for prior packaging imposed by the law of a
      Ireland to pay the costs.                                                 Member State on the sale of bread obtained by completing, in
                                                                                that Member State, the baking of partly baked bread, whether
                                                                                deep-frozen or not, that has been imported from another
                                                                                Member State does not constitute a quantitative restriction or a
(1) OJ C 335 of 25.11.2000.                                                     measure having equivalent effect within the meaning of
                                                                                Article 30 of the EC Treaty (now, after amendment, Article 28
                                                                                EC), provided that it applies without distinction to both national
                                                                                and imported products and that it does not in reality constitute
                                                                                discrimination against imported products.