CELEX: C2001/303/06
Language: en
Date: 2001-10-27 00:00:00
Title: Cases C-261/01 and C-262/01: Reference for a preliminary ruling from the Hof van Beroep Antwerpen, by orders of that Court of 28 June 2001, in the cases of Belgian State v, respectively, (1) E. Van Calster and (2) F. Cleeren (Case C-261/01) and NV Openbaar Slachthuis (Case C-262/01)

27.10.2001            EN                     Official Journal of the European Communities                                      C 303/5
Reference for a preliminary ruling from the Hof van                     5.   If the answer to question 4 is in the negative, does
Beroep Antwerpen, by orders of that Court of 28 June                         Community law then permit the persons owing the
2001, in the cases of Belgian State v, respectively,                         contributions, as the beneficiaries of the aid, to raise a
(1) E. Van Calster and (2) F. Cleeren (Case C-261/01) and                    plea of lack of competence with regard to the Com-
          NV Openbaar Slachthuis (Case C-262/01)                             mission’s act whereby authorisation was given to
                                                                             implement the aid measures from which they benefit?
                (Cases C-261/01 and C-262/01)                           6.   If it is accepted that the respondents, as persons owing
                                                                             the contributions and/or as beneficiaries of the aid, are
                                                                             directly and individually concerned by the Commission’s
                       (2001/C 303/06)                                       act and may therefore lawfully raise a plea of lack of
                                                                             competence, has the Commission exceeded the limits of
                                                                             its competence in adopting its decision of 30 July 1996
                                                                             and infringed Article 88(3) (formerly Article 93(3)) of the
Reference has been made to the Court of Justice of the                       EC Treaty?
European Communities by orders of the Hof van Beroep
Antwerpen (Court of Appeal, Antwerp) of 28 June 2001,
received at the Court Registry on 5 July 2001, for a preliminary
ruling in the cases of Belgian State v, respectively, (1) E. Van
Calster and (2) F. Cleeren (Case C-261/01) and NV Openbaar
Slachthuis (Case C-262/01), on the following questions:
1.   In the circumstances outlined above is a system of aid             Reference for a preliminary ruling by the Oberlandesge-
     measures compatible with Community law, in particular              richt Düsseldorf by order of that court of 18 May 2001 in
     with Article 88(3) (formerly Article 93(3)) of the EC              the case of 1. AOK Bundesverband, 2. Bundesverband der
     Treaty, which, after its notification, is considered by the        Betriebskrankenkassen, 3. Bundesverband der Innungs-
     Commission on 30 July 1996 to be compatible with the               krankenkassen,4. Bundesverband der landwirtschaftli-
     common market and under which the Member State                     chen Krankenkassen, 5. Verband der Angestellten-
     imposes in the general interest, with retroactive effect,          krankenkassen e.V., 6. Verband der Arbeiter-Ersatzkassen,
     contributions or charges:                                          7. Bundesknappschaft and 8. See-Krankenkasse against
                                                                               Ichthyol-Gesellschaft Cordes, Hermani & Co
     —     to finance an animal health and production fund,
                                                                                                  (Case C-264/01)
     —     on natural and legal persons whose characteristics                                    (2001/C 303/07)
           are set out in Articles 14, 15 and 16 of the
           abovementioned law of 23 March 1998, as amended
           by the Arbitragehof (Court of Arbitration) in its            Reference has been made to the Court of Justice of the
           judgment of 9 February 2000 in Cases Nos 1414,               European Communities by order of the Oberlandesgericht
           1450, 1452, 1453, and 1454,                                  Düsseldorf of 18 May 2001, received at the Court Registry on
                                                                        5 July 2001, for a preliminary ruling in the case of 1. AOK
                                                                        Bundesverband, 2. Bundesverband der Betriebskrankenkassen,
     —     because of the activities described in those articles        3. Bundesverband der Innungskrankenkassen, 4. Bundesver-
           which took place in the period from 1988 until               band der landwirtschaftlichen Krankenkassen, 5. Verband der
           21 May 1996 in which those aid measures had not              Angestelltenkrankenkassen e.V., 6. Verband der Arbeiter-
           yet been approved?                                           Ersatzkassen, 7. Bundesknappschaft and 8. See-Krankenkasse
                                                                        against Ichthyol-Gesellschaft Cordes, Hermani & Co. on the
                                                                        following questions:
2.   (Solely in Case C-262/01) Has the Commission, by
     approving the aid measures established by the law of               1.   Is Article 81(1) EC to be interpreted as meaning that the
     23 March 1998, also approved their retroactive effect?                  leading associations of statutory sickness funds of a
                                                                             Member State are to be regarded as associations of
                                                                             undertakings or, where a leading association is also
3.   Is the Commission’s Decision of 30 July 1996 merely in                  a direct provider of statutory sickness insurance, as
     the nature of an individual authorisation to a Member                   undertakings within the meaning of Article 81(1) EC
     State to implement the planned aid measures?                            when they jointly determine the applicable level of
                                                                             uniform fixed amounts for medicinal products in the
                                                                             Member State, where such amounts constitute the highest
4.   Are the persons owing the contributions directly and                    price at which the statutory sickness funds, who are
     individually concerned by the Commission’s act within                   required to provide benefits in kind to insured persons,
     the meaning of Article 230 (formerly Article 173) of the                will purchase and pay for medicinal products and thereby
     EC Treaty?                                                              limit their liability to insured persons?