«(Common agricultural policy – Free movement of goods – Freedom to provide services – State aid – Special contribution in favour of an agricultural insurance organisation)»

1.. Agriculture – Common organisation of the markets – Poultrymeat – Compulsory national insurance scheme against natural risks – Whether permissible – Conditions (Council Regulation No 2777/75)

2.. Tax provisions – Internal taxation – Parafiscal charge uniformly applied to all national production in a particular sector to finance uniform protection against natural risks – Classification as a charge having equivalent effect to a customs duty – Excluded – Applicability of Article 95 of the Treaty (now, after amendment, Article 90 EC) – Excluded (EC Treaty, Arts 9, 12 and 95 (now, after amendment, Arts 23, 25 and 90 EC) and Art 16 (repealed by Treaty of Amsterdam))

3.. Freedom to provide services – Services – Meaning – Benefits provided under a compulsory insurance scheme – Excluded – Conditions (EC Treaty, Art. 59 (now, after amendment, Art. 49 EC) and Art. 60 (now Art. 50 EC))

4.. Competition – Community law – Undertaking – Meaning – Body responsible for providing compulsory insurance – Excluded – Conditions (EC Treaty, Art. 92 (now, after amendment, Art. 87 EC))

JUDGMENT OF THE COURT (Fifth Chamber) 22 May 2003 (1)

((Common agricultural policy – Free movement of goods – Freedom to provide services – State aid – Special contribution in favour of an agricultural insurance organisation))

In Case C-355/00,

REFERENCE to the Court under Article 234 EC by the Diikitiko Protodikio Thessalonikis (Greece) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Articles 30 and 38 of the EC Treaty (now, after amendment, Articles 28 EC and 32 EC), Article 39 of the EC Treaty (now Article 33 EC), Articles 40 and 59 of the EC Treaty (now, after amendment, Articles 34 EC and 49 EC), Article 60 of the EC Treaty (now Article 50 EC) and Article 92 of the EC Treaty (now, after amendment, Article 87 EC), and First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (OJ 1973 L 228, p. 3), as amended by Second Council Directive 88/357/EEC of 22 June 1988 (OJ 1988 L 172, p. 1),

THE COURT (Fifth Chamber),,

composed of: M. Wathelet, President of the Chamber, C.W.A. Timmermans (Rapporteur), D.A.O. Edward, P. Jann and S. von Bahr, Judges,

Advocate General: C. Stix-Hackl,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of the Greek Government and the Commission at the hearing on 7 March 2002,

after hearing the Opinion of the Advocate General at the sitting on 14 November 2002,

gives the following

Community law

.

National law

Article 2

Article 3

Article 4

Article 5The resources of the ELGA are:

The common agricultural policy

Observations submitted to the Court

Reply of the Court

The free movement of goods

Observations submitted to the Court

Reply of the Court

The freedom to provide services

Observations submitted to the Court

Reply of the Court

The Treaty provisions on State aid

Observations submitted to the Court

Reply of the Court

On those grounds,

THE COURT (Fifth Chamber),

in answer to the question referred to it by the Diikitiko Protodikio Thessalonikis by order of 31 July 2000, hereby rules:

Wathelet

Timmermans

Edward

Jann

von Bahr

Delivered in open court in Luxembourg on 22 May 2003.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber