CELEX: C2002/191/03
Language: en
Date: 2002-08-10 00:00:00
Title: Judgment of the Court of 18 June 2002 in Case C-314/99: Kingdom of the Netherlands v Commission of the European Communities (Dangerous substances — Marketing and use — Directives 76/769/EEC, 91/338/EEC and 1999/51/EC — Derogation — Adaptation to technical progress — Legal basis — Limitations on the use of cadmium in Austria and Sweden)

10.8.2002               EN                       Official Journal of the European Communities                                             C 191/3
                 JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                          of 18 June 2002                                                              (Sixth Chamber)
                                                                                                       of 20 June 2002
in Case C-314/99: Kingdom of the Netherlands v Com-
           mission of the European Communities (1)
                                                                            in Case C-401/99 (Reference for a preliminary ruling from
                                                                            the Schleswig-Holsteinisches Oberverwaltungsgericht):
(Dangerous substances — Marketing and use — Directives                      Peter Heinrich Thomsen v Amt für ländliche Räume
76/769/EEC, 91/338/EEC and 1999/51/EC — Derogation                                                         Husum (1)
— Adaptation to technical progress — Legal basis —
 Limitations on the use of cadmium in Austria and Sweden)
                                                                            (Council Regulation (EEC) No 3950/92 — Additional levy
                                                                            in the milk and milk products sector — Reference quantities
                          (2002/C 191/03)                                   — Conditions of transfer to lessor in the event of the
                                                                                   surrender of leased lands — Notion of ‘producer’)
                    (Language of the case: Dutch)
                                                                                                       (2002/C 191/04)
(Provisional translation; the definitive translation will be published
                                                                                                (Language of the case: German)
                   in the European Court Reports)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
In Case C-314/99, Kingdom of the Netherlands (Agents:
M. A. Fierstra and N. Wijmenga) v Commission of the
European Communities (Agent: H. van Lier and O. Couvert-
                                                                            In Case C-401/99: Reference to the Court under Article 234
Castéra, assisted by J. Stuyck), supported by Kingdom of
                                                                            EC by the Schleswig-Holsteinisches Oberverwaltungsgericht
Sweden (Agent: L. Nordling): Application for annulment of
                                                                            (Germany) for a preliminary ruling in the proceedings pending
Section 3 of the Annex to Commission Directive 1999/51/EC
                                                                            before that court between Peter Heinrich Thomsen and Amt
of 26 May 1999 adapting to technical progress for the
                                                                            für ländliche Räume Husum, joined parties: Helga Henningsen,
fifth time Annex I to Council Directive 76/769/EEC on the
                                                                            Ute Henningsen and Peter Henningsen, on the interpretation
approximation of the laws, regulations, and administrative
                                                                            of Articles 7(2) and 9(c) of Council Regulation (EEC) No 3950/
provisions of the Member States relating to restrictions on the
                                                                            92, of 28 December 1992, establishing an additional levy in
marketing and use of certain dangerous substances and
                                                                            the milk and milk products sector (OJ 1992 L 405, p. 1), the
preparations (tin, PCP and cadmium) (OJ 1999 L 142, p. 22),
                                                                            Court (Sixth Chamber), composed of: N. Colneric, President of
the Court, composed of: G.C. Rodrı́guez Iglesias, President,
                                                                            the Second Chamber, acting for the President of the Sixth
P. Jann, F. Macken and N. Colneric (Presidents of Chambers),
                                                                            Chamber, C. Gulmann and V. Skouris (Rapporteur), Judges;
C. Gulmann (Rapporteur), D.A.O. Edward, J.-P. Puissochet,
                                                                            P. Léger, Advocate General; H.A. Rühl, Principal Administrator,
V. Skouris and C.W.A. Timmermans, Judges; F.G. Jacobs,
                                                                            for the Registrar, has given a judgment on 20 June 2002, in
Advocate General; H. von Holstein, Deputy Registrar, has
                                                                            which it has ruled:
given a judgment on 18 June 2002, in which it:
                                                                            On a proper construction of Article 7(2) of Council Regulation (EEC)
1.    Annuls Section 3 of the Annex to Commission Directive 1999/           No 3950/92, of 28 December 1992, establishing an additional
      51/EC of 26 May 1999 adapting to technical progress for the           levy in the milk and milk products sector, upon expiry of a rural lease
      fifth time Annex I to Council Directive 76/769/EEC on the             of a dairy holding, the transfer in whole or part to the lessor of the
      approximation of the laws, regulations, and administrative            reference quantity attached to that holding is possible only where the
      provisions of the Member States relating to restrictions on           lessor has the status of a ‘producer’ within the meaning of Article 9(c)
      the marketing and use of certain dangerous substances and             of that regulation or, at the date of expiry of the lease, transfers the
      preparations (tin, PCP and cadmium);                                  reference quantity available to a third party who has that status. For
                                                                            the purposes of the attribution of the relevant reference quantities to
2.    Orders the Commission of the European Communities to pay              lessors under Article 7(2) of Regulation No 3950/92, it is sufficient
      the costs;                                                            that, on the abovementioned date, the lessor can show that he is
                                                                            preparing in a definite manner to take up as soon as possible the
3.    Orders the Kingdom of Sweden to bear its own costs.                   activity of a ‘producer’ within the meaning of Article 9(c) of that
                                                                            regulation.
(1) OJ C 299 of 16.10.1999.                                                 (1) OJ C 6 of 8.1.2000.