CELEX: C2003/289/09
Language: en
Date: 2003-11-29 00:00:00
Title: Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-2/02 (Reference for a preliminary ruling from the Verwaltungsgericht Mainz): Emil Färber GmbH & Co. v Landkreis Alzey-Worms (Common agricultural policy — Fees for health inspections and controls of fresh meat — Directive 85/73/EEC)

29.11.2003               EN                           Official Journal of the European Union                                               C 289/5
1.    Declares that, by keeping in force legislation under which              of the Chamber, V. Skouris and N. Colneric (Rapporteur),
      products in respect of which there has not yet been full                Judges; J. Mischo, Advocate General; R. Grass, Registrar, has
      harmonisation, intended for use on merchant vessels flying the          given a judgment on 16 October 2003, in which it:
      Italian flag, may be marketed only if a certificate of conformity
      has been issued by a national body — so that in some cases the
                                                                              1.    Declares that, by failing to adopt the laws, regulations and
      right to market the products is enjoyed only by the grantee of
                                                                                    administrative provisions necessary to comply, as regards the
      the certificate — and by not recognising the validity of tests
                                                                                    territory of Gibraltar, with Directive 97/9/EC of the European
      carried out in accordance with international standards by bodies
                                                                                    Parliament and of the Council of 3 March 1997 on investor-
      recognised in the other Member States, even where the relevant
                                                                                    compensation schemes the United Kingdom of Great Britain
      information is made available to the competent authority and
                                                                                    and Northern Ireland has failed to fulfil its obligations under
      it is clear from the certificates that the equipment guarantees a
                                                                                    Article 15 of that directive;
      degree of safety equivalent to that required for Italian products,
      the Italian Republic has failed to fulfil its obligations under
      Article 28 EC;                                                          2.    Orders the United Kingdom of Great Britain and Northern
                                                                                    Ireland to pay the costs.
2.    Orders the Italian Republic to pay the costs.
                                                                              (1) OJ C 84 of 6.4.2002.
(1) OJ C 84 of 6.4.2002.
                                                                                                JUDGMENT OF THE COURT
                                                                                                       (Second Chamber)
                   JUDGMENT OF THE COURT
                                                                                                      of 16 October 2003
                         (Second Chamber)
                                                                              in Case C-2/02 (Reference for a preliminary ruling from
                                                                              the Verwaltungsgericht Mainz): Emil Färber GmbH & Co.
                        of 16 October 2003                                                       v Landkreis Alzey-Worms (1)
in Case C-489/01: Commission of the European Communi-                         (Common agricultural policy — Fees for health inspections
ties v United Kingdom of Great Britain and Northern                                and controls of fresh meat — Directive 85/73/EEC)
                               Ireland (1)
                                                                                                        (2003/C 289/09)
(Failure of a Member State to fulfil its obligations — Failure
  to implement Directive 97/9/EC — Territory of Gibraltar)                                        (Language of the case: German)
                                                                              (Provisional translation; the definitive translation will be published
                           (2003/C 289/08)
                                                                                                  in the European Court Reports)
                     (Language of the case: English)
                                                                              In Case C-2/02: Reference to the Court under Article 234 EC
                                                                              by the Verwaltungsgericht Mainz (Germany) for a preliminary
                                                                              ruling in the proceedings pending before that court between
In Case C-489/01, Commission of the European Communities                      Emil Färber GmbH & Co. and Landkreis Alzey-Worms, on the
(Agent: C. Tufvesson) v United Kingdom of Great Britain and                   interpretation of Annex A, Chapter I, point 2, indent (a), to
Northern Ireland (Agents: G. Amodeo): Application for a                       Council Directive 85/73/EEC of 29 January 1985 on the
declaration that, by failing to adopt the laws, regulations and               financing of veterinary inspections and controls covered by
administrative provisions necessary to comply, as regards the                 Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/
territory of Gibraltar, with Directive 97/9/EC of the European                496/EEC (OJ 1985 L 32, p. 14), as amended and consolidated
Parliament and of the Council of 3 March 1997 on investor-                    by Council Directive 96/43/EC of 26 June 1996 (OJ 1996
compensation schemes (OJ 1997 L 84, p. 22) or, in any case,                   L 162, p. 1), the Court (Second Chamber), composed of:
by not notifying the measures to the Commission, the United                   R. Schintgen (Rapporteur), President of the Chamber, V. Skou-
Kingdom of Great Britain and Northern Ireland has failed to                   ris and N. Colneric, Judges; A. Tizzano, Advocate General; M.-
fulfil its obligations under Article 15 of that directive, the                F. Contet, Principal Administrator, for the Registrar, has given
Court (Second Chamber), composed of: R. Schintgen, President                  a judgment on 16 October 2003, in which it has ruled:
 ---pagebreak--- 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