CELEX: C2003/044/13
Language: en
Date: 2003-02-22 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 16 January 2003 in Case C-205/01: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil its obligations — Directive 86/609/EEC — Protection of animals used for experimental and other scientific purposes — Incomplete transposition)

22.2.2003               EN                          Official Journal of the European Union                                                C 44/7
                  JUDGMENT OF THE COURT                                     3.    On a proper construction of Article 5 of Regulation No 3223/
                                                                                  94, an importer who is not in a position to make a definitive
                                                                                  declaration of customs value at the time of customs clearance of
                         (Fifth Chamber)                                          fruit and vegetables coming under the scope of that regulation
                                                                                  may give a provisional indication of that value under
                                                                                  Article 254 of Commission Regulation (EEC) No 2454/93 of
                        of 16 January 2003                                        2 July 1993 laying down provisions for the implementation of
                                                                                  Council Regulation (EEC) No 2913/92 establishing the
                                                                                  Community Customs Code only where the value of the
in Case C-422/00 (Reference for a preliminary ruling                              abovementioned products is determined according to the method
from the VAT and Duties Tribunal, London): Capespan                               provided for in Article 5(1)(b) of Regulation No 3223/94.
International plc v Commissioners of Customs & Excise (1)
                                                                            (1 ) OJ C 28 of 27.1.2001.
(Community Customs Code — Fruit and vegetables —
                   Calculation of customs value)
                          (2003/C 44/12)
                                                                                             JUDGMENT OF THE COURT
                    (Language of the case: English)
                                                                                                       (Fifth Chamber)
                                                                                                     of 16 January 2003
In Case C-422/00: Reference to the Court under Article 234                  in Case C-205/01: Commission of the European Communi-
EC by the VAT and Duties Tribunal, London (United Kingdom)                               ties v Kingdom of the Netherlands (1)
for a preliminary ruling in the proceedings pending before that
court between Capespan International plc and Commissioners
of Customs & Excise, first, on the interpretation of Articles 28            (Failure of a Member State to fulfil its obligations —
to 36 of Council Regulation (EEC) No 2913/92 of 12 October                  Directive 86/609/EEC — Protection of animals used for
1992 establishing the Community Customs Code (OJ 1992                       experimental and other scientific purposes — Incomplete
L 302, p. 1), Articles 141 to 181a of Commission Regulation                                              transposition)
(EEC) No 2454/93 of 2 July 1993 laying down provisions for
the implementation of Regulation No 2913/92 (OJ 1993                                                    (2003/C 44/13)
L 253, p. 1), and Article 5 of Commission Regulation (EC)
No 3223/94 of 21 December 1994 on detailed rules for the
                                                                                                 (Language of the case: Dutch)
application of the import arrangements for fruit and vegetables
(OJ 1994 L 337, p. 66), and, secondly, on the validity of
Commission Regulation (EC) No 1498/98 of 14 July 1998                       (Provisional translation; the definitive translation will be published
amending Regulation No 3223/94 (OJ 1998 L 198, p. 4), the                                       in the European Court Reports)
Court (Fifth Chamber), composed of: M. Wathelet (Rappor-
teur), President of the Chamber, C.W.A. Timmermans,
D.A.O. Edward, P. Jann and S. von Bahr, Judges; P. Léger,
Advocate General; M.-F. Contet, Administrator, for the Regis-               In Case C-205/01, Commission of the European Communities
trar, has given a judgment on 16 January 2003, in which it                  (Agent: R. Wainwright, assisted by J. Stuyck, avocat) v Kingdom
has ruled:                                                                  of the Netherlands (Agent: H.G. Sevenster): Application for a
                                                                            declaration that, by failing to adopt, or in any event to
                                                                            communicate to the Commission, all the laws, regulations and
1.    The customs value of fruit and vegetables coming within               administrative provisions necessary in order to transpose into
      the scope of Commission Regulation (EC) No 3223/94 of                 national law Articles 8(2), 11, 18(1) and 22(1) of Council
      21 December 1994 on detailed rules for the application of the         Directive 86/609/EEC of 24 November 1986 on the approxi-
      import arrangements for fruit and vegetables must, in respect of      mation of laws, regulations and administrative provisions of
      the period between 18 March 1997 and 17 July 1998                     the Member States regarding the protection of animals used
      inclusive, be determined in accordance with the rules for             for experimental and other scientific purposes (OJ 1986 L 358,
      calculating entry price provided for in Article 5 of that             p. 1), the Kingdom of the Netherlands has failed to fulfil its
      regulation.                                                           obligations under that directive, the Court (Fifth Chamber),
                                                                            composed of: C.W.A. Timmermans, President of the Fourth
                                                                            Chamber, acting for the President of the Fifth Chamber,
2.    Consideration of the third question referred has disclosed no         D.A.O. Edward, A. La Pergola (Rapporteur), P. Jann and S. von
      factor capable of affecting the validity of Commission Regu-          Bahr, Judges; A. Tizzano, Advocate General; H. von Holstein,
      lation (EC) No 1498/98 of 14 July 1998 amending Regu-                 Deputy Registrar, has given a judgment on 16 January 2003,
      lation No 3223/94.                                                    in which it:
 ---pagebreak--- C 44/8                  EN                           Official Journal of the European Union                                             22.2.2003
1.    Declares that, by failing to adopt all the measures necessary to       Community fishery law precludes a national law such as that in issue
      ensure the correct transposition of Articles 11 and 22(1) of           in the main proceedings, which prohibits, during a certain period, the
      Council Directive 86/609/EEC of 24 November 1986 on                    landing, on a part of the coastline of the Member State concerned, of
      the approximation of laws, regulations and administrative              scallops fished in the territorial waters of another Member State.
      provisions of the Member States regarding the protection of
      animals used for experimental and other scientific purposes, the
      Kingdom of the Netherlands has failed to fulfil its obligations        (1 ) OJ C 245 of 1.9.2001.
      under that directive;
2.    Orders the Kingdom of the Netherlands to pay the costs.
( 1) OJ C 212 of 28.7.2001.
                                                                                               JUDGMENT OF THE COURT
                                                                                                        (Sixth Chamber)
                                                                                                      of 16 January 2003
          JUDGMENT OF THE COURT OF JUSTICE
                                                                             in Case C-388/01: Commission of the European Communi-
                                                                                                   ties v Italian Republic (1)
                          (Sixth Chamber)
                                                                             (Failure to fulfil obligations — Free movement of services —
                        of 16 January 2003                                   Non-discrimination — Articles 12 EC and 49 EC —
                                                                             Admission to museums, monuments, galleries, archaeologi-
                                                                             cal digs, parks and gardens classified as public monuments
in Case C-265/01 (reference for a preliminary ruling from                    — Preferential rates granted by local or decentralised State
the Tribunal de grande instance de Dinan): Annie Pansard                                                   authorities)
                             and Others (1)
                                                                                                         (2003/C 44/15)
(Origin of fishery products — Article 28 EC — National
law periodically prohibiting the landing of certain fishery
         products — Competence of the Member States)                                              (Language of the case: Italian)
                            (2003/C 44/14)                                   (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                    (Language of the case: French)
(Provisional translation; the definitive translation will be published       In Case C-388/01, Commission of the European Communities
                   in the European Court Reports)                            (Agents: M. Patakia and R. Amorosi) v Italian Republic (Agent:
                                                                             U. Leanza, assisted by M. Fiorilli): Application for a declaration
                                                                             that, by allowing discriminatory, advantageous rates for admis-
                                                                             sion to museums, monuments, galleries, archaeological digs,
                                                                             parks and gardens classified as public monuments, granted by
In Case C-265/01: reference to the Court under Article 234                   local or decentralised State authorities only in favour of Italian
EC from the Tribunal de grande instance de Dinan, France, for                nationals and persons resident within the territory of those
a preliminary ruling in the criminal proceedings against Annie               authorities running the cultural sites in question, who are aged
Pansard and Others, en présence du Comité Region pêches                      over 60 or 65 years, and by excluding from such advantages
maritimes, a party to the main proceedings — on the                          tourists who are nationals of other Member States and non-
interpretation of Council Regulation (EEC) No 2913/92 of                     residents who fulfil the same objective age requirements, the
12 October 1992 establishing the Community Customs Code                      Italian Republic has failed to fulfil its obligations under
(OJ 1992 L 302, p. 1) and Article 28 EC — the Court of Justice               Articles 12 EC and 49 EC, the Court (Sixth Chamber),
(Sixth Chamber), composed of J.-P. Puissochet, President of                  composed of: J.-P. Puissochet, President of the Chamber,
the Chamber, and C. Gulmann, F. Macken (Rapporteur),                         R. Schintgen, V. Skouris, N. Colneric and J.N. Cunha Rodrigues
N. Colneric, J. N. Cunha Rodrigues, Judges; S. Alber, Advocate               (Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass,
General; M.-F. Contet, Administrator, for the Registrar, gave a              Registrar, has given a judgment on 16 January 2003, in which
judgment on 16 January 2003, in which it ruled that:                         it: