CELEX: C2003/289/08
Language: en
Date: 2003-11-29 00:00:00
Title: Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-489/01: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil its obligations — Failure to implement Directive 97/9/EC — Territory of Gibraltar)

29.11.2003               EN                           Official Journal of the European Union                                               C 289/5
1.    Declares that, by keeping in force legislation under which              of the Chamber, V. Skouris and N. Colneric (Rapporteur),
      products in respect of which there has not yet been full                Judges; J. Mischo, Advocate General; R. Grass, Registrar, has
      harmonisation, intended for use on merchant vessels flying the          given a judgment on 16 October 2003, in which it:
      Italian flag, may be marketed only if a certificate of conformity
      has been issued by a national body — so that in some cases the
                                                                              1.    Declares that, by failing to adopt the laws, regulations and
      right to market the products is enjoyed only by the grantee of
                                                                                    administrative provisions necessary to comply, as regards the
      the certificate — and by not recognising the validity of tests
                                                                                    territory of Gibraltar, with Directive 97/9/EC of the European
      carried out in accordance with international standards by bodies
                                                                                    Parliament and of the Council of 3 March 1997 on investor-
      recognised in the other Member States, even where the relevant
                                                                                    compensation schemes the United Kingdom of Great Britain
      information is made available to the competent authority and
                                                                                    and Northern Ireland has failed to fulfil its obligations under
      it is clear from the certificates that the equipment guarantees a
                                                                                    Article 15 of that directive;
      degree of safety equivalent to that required for Italian products,
      the Italian Republic has failed to fulfil its obligations under
      Article 28 EC;                                                          2.    Orders the United Kingdom of Great Britain and Northern
                                                                                    Ireland to pay the costs.
2.    Orders the Italian Republic to pay the costs.
                                                                              (1) OJ C 84 of 6.4.2002.
(1) OJ C 84 of 6.4.2002.
                                                                                                JUDGMENT OF THE COURT
                                                                                                       (Second Chamber)
                   JUDGMENT OF THE COURT
                                                                                                      of 16 October 2003
                         (Second Chamber)
                                                                              in Case C-2/02 (Reference for a preliminary ruling from
                                                                              the Verwaltungsgericht Mainz): Emil Färber GmbH & Co.
                        of 16 October 2003                                                       v Landkreis Alzey-Worms (1)
in Case C-489/01: Commission of the European Communi-                         (Common agricultural policy — Fees for health inspections
ties v United Kingdom of Great Britain and Northern                                and controls of fresh meat — Directive 85/73/EEC)
                               Ireland (1)
                                                                                                        (2003/C 289/09)
(Failure of a Member State to fulfil its obligations — Failure
  to implement Directive 97/9/EC — Territory of Gibraltar)                                        (Language of the case: German)
                                                                              (Provisional translation; the definitive translation will be published
                           (2003/C 289/08)
                                                                                                  in the European Court Reports)
                     (Language of the case: English)
                                                                              In Case C-2/02: Reference to the Court under Article 234 EC
                                                                              by the Verwaltungsgericht Mainz (Germany) for a preliminary
                                                                              ruling in the proceedings pending before that court between
In Case C-489/01, Commission of the European Communities                      Emil Färber GmbH & Co. and Landkreis Alzey-Worms, on the
(Agent: C. Tufvesson) v United Kingdom of Great Britain and                   interpretation of Annex A, Chapter I, point 2, indent (a), to
Northern Ireland (Agents: G. Amodeo): Application for a                       Council Directive 85/73/EEC of 29 January 1985 on the
declaration that, by failing to adopt the laws, regulations and               financing of veterinary inspections and controls covered by
administrative provisions necessary to comply, as regards the                 Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/
territory of Gibraltar, with Directive 97/9/EC of the European                496/EEC (OJ 1985 L 32, p. 14), as amended and consolidated
Parliament and of the Council of 3 March 1997 on investor-                    by Council Directive 96/43/EC of 26 June 1996 (OJ 1996
compensation schemes (OJ 1997 L 84, p. 22) or, in any case,                   L 162, p. 1), the Court (Second Chamber), composed of:
by not notifying the measures to the Commission, the United                   R. Schintgen (Rapporteur), President of the Chamber, V. Skou-
Kingdom of Great Britain and Northern Ireland has failed to                   ris and N. Colneric, Judges; A. Tizzano, Advocate General; M.-
fulfil its obligations under Article 15 of that directive, the                F. Contet, Principal Administrator, for the Registrar, has given
Court (Second Chamber), composed of: R. Schintgen, President                  a judgment on 16 October 2003, in which it has ruled: