CELEX: C2002/169/03
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court (Sixth Chamber) 16 May 2002 in Case C-321/99 P: Associação dos Refinadores de Açúcar Portugueses (ARAP), Alcântara Refinarias — Açúcares SA and Refinarias de Açúcar reunidas SA (RAR) v Commission of the European Communities (Appeal — State aid — Common agricultural policy — Sugar — Aid granted in implementation of a general State aid scheme approved by the Commission — Contribution by a Member State to the financing of a project eligible for the European Agricultural Guidance and Guarantee Fund, Guidance Section — Aid for vocational training)

C 169/2                 EN                       Official Journal of the European Communities                                   13.7.2002
                 JUDGMENT OF THE COURT                                      3.   Orders the Commission of the European Communities and the
                                                                                 Kingdom of Spain to bear their own costs.
                          (Fifth Chamber)
                                                                            (1) OJ C 246 of 28.8.1999.
                            16 May 2002
in Case C-232/99: Commission of the European Communi-
                   ties v Kingdom of Spain (1)
(Failure by a Member State to fulfil its obligations —
Directive 93/16/EEC — Transposition of Articles 8 and 18                                    JUDGMENT OF THE COURT
— Access to additional training for migrant doctors who
wish to practise specialised medicine in the host Member
State on the basis of a diploma, certificate or other evidence                                     (Sixth Chamber)
of formal qualifications of specialist doctors which is not the
subject of automatic unconditional recognition under that
directive — Obligation for migrant doctors in Spain to sit                                           16 May 2002
the standard competition for admission to training in
specialised medicine — Requirement for affiliation to a                     in Case C-321/99 P: Associação dos Refinadores de Açúcar
public social security body for the settlement of accounts                  Portugueses (ARAP), Alcântara Refinarias — Açúcares
     relating to medical services with an insurance body)                   SA and Refinarias de Açúcar reunidas SA (RAR) v
                                                                                   Commission of the European Communities (1)
                          (2002/C 169/02)
                                                                            (Appeal — State aid — Common agricultural policy —
                   (Language of the case: Spanish)                          Sugar — Aid granted in implementation of a general State
                                                                            aid scheme approved by the Commission — Contribution by
                                                                            a Member State to the financing of a project eligible for
(Provisional translation; the definitive translation will be published      the European Agricultural Guidance and Guarantee Fund,
                   in the European Court Reports)                                  Guidance Section — Aid for vocational training)
                                                                                                   (2002/C 169/03)
In Case C-232/99, Commission of the European Communities
(Agents: I. Martı́nez del Peral and B. Mongin) v Kingdom of                                   (Language of the case: English)
Spain (Agent: N. Dı́az Abad): Application for a declaration
that, by failing to transpose correctly, within the prescribed
time-limit, Article 8 of Council Directive 93/16/EEC of 5 April
1993 to facilitate the free movement of doctors and the mutual              In Case C-321/99 P, Associação dos Refinadores de Açúcar
recognition of their diplomas, certificates and other evidence              Portugueses (ARAP), established in Lisbon (Portugal), Alcântara
of formal qualifications (OJ 1993 L 165, p. 1) and by failing               Refinarias — Açúcares SA, established in Santa Iria de Azóia
to transpose Article 18 of that same directive, the Kingdom of              (Portugal), and Refinarias de Açúcar Reunidas SA (RAR),
Spain has failed to fulfil its obligations under the provisions of          established in Oporto (Portugal), represented by G. van der
the EC Treaty and of that directive, the Court (Fifth Chamber),             Wal: Appeal against the judgment of the Court of First Instance
composed of: S. von Bahr, President of the Fourth Chamber,                  of the European Communities (Fourth Chamber, Extended
acting for the President of the Fifth Chamber, D.A.O. Edward                Composition) of 17 June 1999 in Case T-82/96 ARAP and
(Rapporteur) and M. Wathelet, Judges; C. Stix-Hackl, Advocate               Others v Commission [1999] ECR II-1889, seeking to have
General; L. Hewlett, Administrator, for the Registrar, has given            that judgment set aside, the other parties to the proceedings
a judgment on 16 May 2002, in which it:                                     being: Commission of the European Communities (Agent:
                                                                            J. Macdonald Flett) and Portuguese Republic (Agents: S. Brasil
                                                                            de Brito and L. Fernandes) and DAI — Sociedade de Desenvol-
1.    Declares that, by failing to transpose, within the prescribed         vimento Agro-Industrial SA, established in Monte da Barca
      time-limit, Article 8 of Council Directive 96/13/EEC of               (Portugal), represented by L. Sáragga Leal, D. Franco and
      5 April 1993 to facilitate the free movement of doctors and the       R. Oliveira, the Court (Sixth Chamber), composed of: N. Col-
      mutual recognition of their diplomas, certificates and other          neric, President of the Second Chamber, acting for the
      evidence of formal qualifications, the Kingdom of Spain has           President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet
      failed to fulfil its obligations under the provisions of that         (Rapporteur), R. Schintgen and V. Skouris, Judges; L.A. Geel-
      directive;                                                            hoed, Advocate General; D. Louterman-Hubeau, Head of
                                                                            Division, for the Registrar, has given a judgment on 16 May
2.    Dismisses the remainder of the application;                           2002, in which it:
 ---pagebreak--- 13.7.2002               EN                       Official Journal of the European Communities                                            C 169/3
1.    Dismisses the appeal;                                                 1.    Annuls Commission Decision 2000/513/EC of 8 September
                                                                                  1999 on aid granted by France to Stardust Marine;
2.    Dismisses the cross-appeal by the Commission;
                                                                            2.    Orders the Commission to pay the costs.
3.    Orders Associação dos Refinadores de Açúcar Portugueses
      (ARAP), Alcântara Refinarias — Açúcares SA and Refinarias            (1) OJ C 63 of 4.3.2000.
      de Açúcar Reunidas SA (RAR) to pay the costs;
4.    Orders the Portuguese Republic to pay its own costs.
(1) OJ C 352 of 4.12.1999.
                                                                                             JUDGMENT OF THE COURT
                                                                                                        4 June 2002
                                                                            in Case C-483/99: Commission of the European Communi-
                                                                                              ties v Republic of France (1)
                 JUDGMENT OF THE COURT
                                                                            (Failure by a Member State to fulfil its obligations —
                                                                            Articles 52 of the EC Treaty (now, after amendment,
                            16 May 2002                                     Article 43 EC) and 73b of the EC Treaty (now Article 56
                                                                            EC) — Rights attaching to the ‘golden share’ held by the
                                                                                 French Republic in Société Nationale Elf-Aquitaine)
in Case C-482/99: French Republic v Commission of the
                   European Communities (1)
                                                                                                      (2002/C 169/05)
(State aid — Article 87(1) EC — Aid granted by the French
                                                                                                (Language of the case: French)
Republic to Stardust Marine — Decision 2000/513/EC —
State resources — Imputability to the State — Prudent
           investor operating in a market economy)                          (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
                          (2002/C 169/04)
                    (Language of the case: French)                          In Case C-483/99, Commission of the European Communities
                                                                            (Agent: M. Patakia) v France (Agents: initially K. Rispal-
                                                                            Bellanger and S. Seam, and, subsequently, G. de Bergues and
(Provisional translation; the definitive translation will be published      S. Seam), supported by Kingdom of Spain (Agent: N. Dı́az
                   in the European Court Reports)                           Abad) and by United Kingdom of Great Britain and Northern
                                                                            Ireland (Agent: R. Magrill, assisted by J. Crow, barrister, and
                                                                            D. Wyatt, QC) APPLICATION for a declaration that, by
                                                                            maintaining in force Article 2(1) and (3) of Decree No 93-
In Case C-482/99, French Republic (Agents: K. Rispal-Bellanger              1298 of 13 December 1993 vesting in the State a ‘golden
and F. Million) v Commission of the European Communities                    share’ in Société Nationale Elf-Aquitaine (JORF of 14 December
(Agents: G. Rozet and J. Flett): Application for the annulment              1993, p. 17354), according to which the following rights
of Commission Decision 2000/513/EC of 8 September 1999                      attach to the ‘golden share’ held by the French Republic in that
on aid granted by France to Stardust Marine (OJ 2000 L 206,                 company:
p. 6), the Court, composed of: G.C. Rodrı́guez Iglesias,
President, P. Jann, F. Macken, N. Colneric and S. von Bahr                  (a)   any direct or indirect shareholding by a natural or legal
(Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La                        person, acting alone or in conjunction with others, which
Pergola, J.-P. Puissochet, J.N. Cunha Rodrigues and                               exceeds the ceiling of one tenth, one fifth or one third of
C.W.A. Timmermans (Rapporteur), Judges; F.G. Jacobs, Advo-                        the capital of, or voting rights in, the company must
cate General; L. Hewlett, Administrator, for the Registrar, has                   first be approved by the Minister for Economic Affairs
given a judgment on 16 May 2002, in which it:                                     (Article 2(1) of the Decree);