CELEX: C2003/289/13
Language: en
Date: 2003-11-29 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-182/02 (Reference for a preliminary ruling from the Conseil d'État): Ligue pour la protection des oiseaux and Others v Premier ministre, Ministre de l'Aménagement du territoire et de l'Environnement, interveners: Union nationale des fédérations départementales de chasseurs, Association nationale des chasseurs de gibier d'eau (Directive 79/409/EEC — Conservation of wild birds — Opening and closing dates for hunting — Derogations)

29.11.2003                EN                          Official Journal of the European Union                                                   C 289/7
                   JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                          (Second Chamber)
                                                                                                        (Sixth Chamber)
                         of 16 October 2003
                                                                                                      of 16 October 2003
in Case C-91/02 (Reference for a preliminary ruling
from the Verwaltungsgerichtshof): Hannl + Hofstetter
Internationale Spedition GmbH v Finanzlandesdirektion                         in Case C-182/02 (Reference for a preliminary ruling from
        für Wien, Niederösterreich und Burgenland (1)                         the Conseil d’État): Ligue pour la protection des oiseaux
                                                                              and Others v Premier ministre, Ministre de l’Aménage-
                                                                              ment du territoire et de l’Environnement, interveners:
(Community Customs Code — Customs debt on importation
                                                                              Union nationale des fédérations départementales de chas-
                — Charging of interest on arrears)
                                                                              seurs, Association nationale des chasseurs de gibier
                                                                                                              d’eau (1)
                           (2003/C 289/12)
                     (Language of the case: German)                           (Directive 79/409/EEC — Conservation of wild birds —
                                                                                 Opening and closing dates for hunting — Derogations)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)
                                                                                                        (2003/C 289/13)
In Case C-91/02: Reference to the Court under Article 234 EC                                       (Language of the case: French)
by the Verwaltungsgerichtshof (Austria) for a preliminary
ruling in the proceedings pending before that court between
Hannl + Hofstetter Internationale Spedition GmbH and Fi-                      (Provisional translation; the definitive translation will be published
nanzlandesdirektion für Wien, Niederösterreich und Burgen-                                        in the European Court Reports)
land, on the interpretation of Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the Community
Customs Code (OJ 1992 L 302, p. 1), and Commission
Regulation (EEC) No 2454/93 of 2 July 1993 laying down                        In Case C-182/02: Reference to the Court under Article 234
provisions for the implementation of Regulation No 2913/92                    EC by the Conseil d’État (France) for a preliminary ruling in
(OJ 1993 L 253, p. 1), the Court (Second Chamber), composed                   the proceedings pending before that court between Ligue pour
of: R. Schintgen (Rapporteur), President of the Chamber,                      la protection des oiseaux and Others and Premier ministre,
V. Skouris and N. Colneric, Judges, Advocate General: P. Léger,               Ministre de l’Aménagement du territoire et de l’Environnement,
Registrar: R. Grass, has given a judgment on 16 October 2003,                 interveners: Union nationale des fédérations départementales
in which it has ruled:                                                        de chasseurs, Association nationale des chasseurs de gibier
                                                                              d’eau, on the interpretation of Article 9(1)(c) of Council
Council Regulation (EEC) No 2913/92 of 12 October 1992                        Directive 79/409/EEC of 2 April 1979 on the conservation of
establishing the Community Customs Code and Commission Regu-                  wild birds (OJ 1979 L 103, p. 1), the Court (Sixth Chamber),
lation (EEC) No 2454/93 of 2 July 1993 laying down provisions                 composed of: J.-P. Puissochet, President of the Chamber,
for the implementation of Regulation No 2913/92 must be                       R. Schintgen, C. Gulmann (Rapporteur), V. Skouris and
interpreted as not precluding legislation which provides for an increase      N. Colneric, Judges; D. Ruiz-Jarabo Colomer, Advocate Gen-
in duty in the event of the incurrence of a customs debt under                eral; H. von Holstein, Deputy Registrar, has given a judgment
Articles 202 to 205 or 210 or 211 of the Customs Code or in the               on 16 October 2003, in which it has ruled:
event of subsequent recovery under Article 220 of the Customs Code,
corresponding to the amount which would have been incurred as
interest on arrears for the period between the incurrence of the customs      1.    Article 9(1)(c) of Council Directive 79/409/EEC of 2 April
debt and the entry in the accounts or, in the case of subsequent                    1979 on the conservation of wild birds permits a Member
recovery under Article 220 of the Customs Code, between the date                    State to derogate from the opening and closing dates for
when the customs debt originally entered in the accounts was due and                hunting which follow from consideration of the objectives set
the subsequent entry in the accounts of that debt, provided that the                out in Article 7(4) of that directive.
rate of interest is determined under conditions which are comparable
to those applicable under national law to infringements of the same           2.    Article 9 of Directive 79/409 must be interpreted as allowing
nature and gravity and which make the penalty effective, proportionate              hunting to be authorised pursuant to Article 9(1)(c) where:
and dissuasive. It is for the national court to determine whether the
rate of increase at issue in the main proceedings is consistent with
                                                                                    —     there is no other satisfactory solution. That condition
those principles.
                                                                                          would not be met, inter alia, if the sole purpose of the
                                                                                          derogation authorising hunting were to extend the hunting
(1) OJ C 144 of 15.6.2002.                                                                periods for certain species of birds in territories which they
                                                                                          already frequent during the hunting periods fixed in
                                                                                          accordance with Article 7 of Directive 79/409;
 ---pagebreak--- C 289/8                  EN                           Official Journal of the European Union                                            29.11.2003
      —    it is carried out under strictly supervised conditions and         gations under Article 3 of that directive, the Court (Second
           on a selective basis;                                              Chamber), composed of: R. Schintgen, President of the
                                                                              Chamber, V. Skouris and N. Colneric (Rapporteur), Judges;
      —    it applies only to certain birds in small numbers;                 C. Stix-Hackl, Advocate General; R. Grass, Registrar, has given
                                                                              a judgment on 16 October 2003, in which it:
      —    mention is made of:
           (a)    the species which are subject to the derogations;           1.    Declares that, by failing to adopt all the laws, regulations and
                                                                                    administrative measures necessary to comply with Commission
           (b) the means, arrangements or methods authorised for                    Directive 2000/21/EC of 25 April 2000 concerning the list
                  capture or killing;                                               of Community legislation referred to in the fifth indent of
                                                                                    Article 13(1) of Council Directive 67/548/EEC, the French
           (c)    the conditions of risk and the circumstances of time              Republic has failed to fulfil its obligations under Article 3 of
                  and place under which such derogations may be                     that directive;
                  granted;
                                                                              2.    Orders the French Republic to pay the costs.
           (d) the authority empowered to declare that the required
                  conditions obtain and to decide what means,
                  arrangements or methods may be used, within what            (1) OJ C 247 of 12.10.2002.
                  limits and by whom;
           (e)    the controls which will be carried out.
(1) OJ C 169 of 13.7.2002.
                                                                                                JUDGMENT OF THE COURT
                                                                                                        (Second Chamber)
                 JUDGMENT OF THE COURT
                                                                                                       of 16 October 2003
                         (Second Chamber)
                                                                              in Case C-325/02: Commission of the European Communi-
                        of 16 October 2003                                                ties v Grand Duchy of Luxembourg (1)
in Case C-307/02: Commission of the European Communi-                         (Failure of a Member State to fulfil obligations — Failure to
                     ties v French Republic (1)                                                 transpose Directive 98/81/EC)
(Failure of a Member State to fulfil obligations — Directive                                             (2003/C 289/15)
2000/21/EC — Labelling of dangerous substances — Failure
                             to transpose)
                                                                                                    (Language of the case: French)
                          (2003/C 289/14)
                                                                              (Provisional translation; the definitive translation will be published
                     (Language of the case: French)                                               in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                              In Case C-325/02, Commission of the European Communities
                                                                              (Agents: U. Wölker and F. Simonetti) v Grand Duchy of
                                                                              Luxembourg (Agent: P. Gramegna): Application for a declar-
In Case C-307/02, Commission of the European Communities                      ation that, by transposing only part of Article 1 of and
(Agent: L. Ström) v French Republic (Agents: G. de Bergues                    Annexes IV and V to Council Directive 98/81/EC of 26 October
and D. Petrausch): Application for a declaration that, by failing             1998 amending Directive 90/219/EEC on the contained use
to adopt the laws, regulations and administrative provisions                  of genetically modified micro-organisms (OJ 1998 L 330,
necessary to comply with Commission Directive 2000/21/EC                      p. 13), the Grand Duchy of Luxembourg has failed to fulfil its
of 25 April 2000 concerning the list of Community legislation                 obligations under Article 2 of that directive, the Court
referred to in the fifth indent of Article 13(1) of Council                   (Second Chamber), composed of: R. Schintgen, President of
Directive 67/548/EEC (OJ 2000 L 103, p. 70), or in any                        the Chamber, V. Skouris and N. Colneric (Rapporteur), Judges;
event not immediately informing the Commission of those                       F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a
provisions, the French Republic has failed to fulfil its obli-                judgment on 16 October 2003, in which it: