CELEX: C2001/161/02
Language: en
Date: 2001-06-02 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 11 January 2001 in Case C-403/98 (reference for a preliminary ruling from the Tribunale Civile e Penale di Cagliari, Italy): Azienda Agricola Monte Arcosu Srl v Regione Autonoma della Sardegna, Organismo Comprensoriale No 24 della Sardegna, Ente Regionale per l'Assistenza Tecnica in Agricoltura (ERSAT) (Agriculture — Farmer practising farming as his main occupation — Concept — Private limited company)

2.6.2001                 EN                       Official Journal of the European Communities                                                C 161/1
                                                                          I
                                                                    (Information)
                                                       COURT OF JUSTICE
                                                                COURT OF JUSTICE
                  JUDGMENT OF THE COURT                                       2.    Annuls the decision of the Commission of the European
                                                                                    Communities of 26 August 1996 rejecting Mr Gevaert’s
                                                                                    request for a review of his classification in grade;
                           (Fifth Chamber)
                                                                              3.    Orders the Commission of the European Communities to bear
                         of 11 January 2001                                         all the costs of the proceedings before the Court of First Instance
                                                                                    and the Court of Justice.
in Case C-389/98 P: Hans Gevaert v Commission of the
                    European Communities (1)                                  (1) OJ C 397, 19.12.1998.
(Appeals — Officials — Request for review of classification
in grade — Action — Expiry of time-limits — New fact —
                       Inequality of treatment)
                           (2001/C 161/01)                                                      JUDGMENT OF THE COURT
                                                                                                         (Sixth Chamber)
                     (Language of the case: French)
                                                                                                        of 11 January 2001
(Provisional translation; the definitive translation will be published        in Case C-403/98 (reference for a preliminary ruling from
                    in the European Court Reports)                            the Tribunale Civile e Penale di Cagliari, Italy): Azienda
                                                                              Agricola Monte Arcosu Srl v Regione Autonoma della
                                                                              Sardegna, Organismo Comprensoriale No 24 della Sardeg-
In Case C-389/98 P: Hans Gevaert, an official of the Com-                     na, Ente Regionale per l’Assistenza Tecnica in Agricoltura
mission of the European Communities, residing in Merelbeke                                                  (ERSAT) (1)
(Belgium), represented by N. Lhoëst — application for an
appeal against the order of the Court of First Instance of the                (Agriculture — Farmer practising farming as his main
European Communities (First Chamber) of 19 August 1998 in                          occupation — Concept — Private limited company)
Case T-160/97 Gevaert v Commission [1998] ECR-SC I-A-
465 and II-1363, seeking to have that order set aside:
                                                                                                          (2001/C 161/02)
Commission of the European Communities (Agents: G. Valses-
ia, C. Berardis-Kayser and F. Duvieusart-Clotuche) — the Court
(Fifth Chamber), composed of: D.A.O. Edward, acting as                                              (Language of the case: Italian)
President of the Fifth Chamber, P. Jann and L. Sevón (Rappor-
teur), Judges; P. Léger, Advocate General; L. Hewlett, Adminis-
trator, for the Registrar, has given a judgment on 11 January                 (Provisional translation; the definitive translation will be published
2001, in which it:                                                                                 in the European Court Reports)
1.    Sets aside the order of the Court of First Instance of 19 August        In Case C-403/98: reference to the Court under Article 177 of
      1998 in Case T-160/97 Gevaert v Commission;                             the EC Treaty (now Article 234 EC) from the Tribunale Civile
 ---pagebreak--- C 161/2                  EN                     Official Journal of the European Communities                                              2.6.2001
e Penale di Cagliari (Civil and Criminal District Court, Cagliari),        B. Uriarte Valiente, Avocats — application for an appeal
Italy, for a preliminary ruling in the proceedings pending                 against the order of the Court of First Instance of the European
before that court between Agricola Monte Arcosu Srl and                    Communities (First Chamber) of 14 October 1998 in Case
Regione Autonoma della Sardegna, Organismo Comprensoria-                   T-224/97 Martı́nez del Peral Cagigal v Commission [1998]
le No 24 della Sardegna, Ente Regionale per l’Assistenza                   ECR-SC I-A-581 and II-1741, seeking to have that order set
Tecnica in Agricoltura (ERSAT) — on the interpretation of                  aside: Commission of the European Communities (Agents:
Article 2(5) of Council Regulation (EEC) No 797/85 of                      J. Guerra Fernandez and F. Duvieusart-Clotuche) — the Court
12 March 1985 on improving the efficiency of agricultural                  (Fifth Chamber), composed of: D.A.O. Edward, acting as
structures (OJ 1985 L 93, p. 1) and of Article 5(5) of Council             President of the Chamber, P. Jann and L. Sevón (Rapporteur),
Regulation (EEC) No 2328/91 of 15 July 1991 on improving                   Judges; P. Léger, Advocate General; L. Hewlett, Administrator,
the efficiency of agricultural structures (OJ 1991 L 218, p. 1)            for the Registrar, has given a judgment on 11 January 2001,
— the Court (Sixth Chamber), composed of: C. Gulmann,                      in which it:
President of the Chamber, V. Skouris and F. Macken (Rappor-
teur), Judges; J. Mischo, Advocate General; H.A. Rühl, Principal           1.    Sets aside the order of the Court of First Instance of the
Administrator, for the Registrar, has given a judgment on                        European Communities of 14 October 1998 in Case
11 January 2001, in which it has ruled:                                          T-224/97 Martı́nez del Peral Cagigal v Commission;
                                                                           2.    Annuls the decision of the Commission of the European
The last subparagraph of Article 2(5) of Council Regulation (EEC)                Communities of 24 October 1996 rejecting Mrs Martı́nez del
No 797/85 of 12 March 1985 on improving the efficiency of                        Peral Cagigal’s request for a review of her classification in grade,
agricultural structures and the last subparagraph of Article 5(5) of             upheld by the decision of the Commission of 29 April 1997
Council Regulation (EEC) No 2328/91 of 15 July 1991 on                           rejecting the complaint lodged on 23 January 1997;
improving the efficiency of agricultural structures may not be relied
on before a national court by limited companies seeking to obtain the      3.    Orders the Commission of the European Communities to bear
status of farmers practising farming as their main occupation where              all the costs of the proceedings before the Court of First Instance
the legislature of a Member State has not adopted the provisions                 and the Court of Justice.
necessary for their implementation in the national legal system.
                                                                           (1) OJ C 48, 20.2.1999.
( 1) OJ C 20, 23.1.1999.
                                                                                             JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                                (Fifth Chamber)
                                                                                                     of 11 January 2001
                           (Fifth Chamber)
                                                                           in Case C-464/98 [reference for a preliminary ruling from
                         of 11 January 2001                                the Landesgericht für Zivilrechtssachen Wien (Austria)]:
                                                                           Westdeutsche Landesbank Girozentrale v Friedrich Ste-
in Case C-459/98 P: Isabel Martı́nez del Peral Cagigal v                          fan, in the presence of: Republik Österreich (1)
        Commission of the European Communities (1)
                                                                           (National rules prohibiting the registration of mortgages in
                                                                           foreign currencies — Breach of that prohibition before
(Appeal — Officials — Application for review of classifi-                  Community law entered into force in Austria — Interpret-
cation in grade — Action — Expiry of time-limits — New                     ation of Article 73b of the EC Treaty (now Article 56 EC)
                material fact — Equal treatment)                           — Whether Community law can operate to remedy the
                                                                                                         registration)
                           (2001/C 161/03)
                                                                                                       (2001/C 161/04)
                    (Language of the case: Spanish)
                                                                                               (Language of the case: German)
(Provisional translation; the definitive translation will be published     (Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                              in the European Court Reports)
In Case C-459/98 P: Isabel Martı́nez del Peral Cagigal, an                 In Case C-464/98: reference to the Court under Article 177 of
official of the Commission of the European Communities,                    the EC Treaty (now Article 234 EC) from the Landesgericht für
residing in Brussels (Belgium), represented by A. Creus and                Zivilrechtssachen Wien (Regional Civil Court, Vienna), Austria,