Notice for the OJ
Judgment of the Court (First Chamber) of 15 July 2004 in Case C-345/02 (reference to the Court of Justice under Article 234 EC by the Hoge Raad der Nederlanden (Supreme Court of the Netherlands)):
Pearle BV and Others v
Hoofdbedrijfschap Ambachten 1(State aid - Definition of aid - Collective advertising campaigns in favour of one sector of the economy - Financing by means of a special contribution payable by undertakings in that sector - Action taken by a body governed by public law)
(Language of the case: Dutch)
(Provisional translation; the definitive translation will be published in the European Court Reports)
In Case C-345/02: reference to the Court of Justice under Article 234 EC by the Hoge Raad der Nederlanden (Netherlands) for a preliminary ruling in the proceedings before that court between Pearle BV and Others v Hoofdbedrijfschap Ambachten on the interpretation of Articles 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) and 93(3) of the EC Treaty (now Article 88(3) EC) - the Court (First Chamber), composed of: P. Jann, President of the Chamber, A. Rosas, S. von Bahr, R. Silva de Lapuerta and K. Lenaerts (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 15 July 2004, the operative part of which is as follows:
On a proper construction of Articles 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) and 93(3) of the EC Treaty (now Article 88(3) EC), bye-laws adopted by a trade association governed by public law for the purpose of funding an advertising campaign organised for the benefit of its members and decided on by them, through resources levied from those members and compulsorily earmarked for the funding of that campaign, do not constitute an integral part of an aid measure within the meaning of those provisions and it was not necessary for prior notification of them to be given to the Commission since it has been established that that funding was carried out by means of resources which that trade association, governed by public law, never had the power to dispose of freely.
____________1 - OJ C 289 of 23.11.2002