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13.10.

2001 EN Official Journal of the European Communities C 289/5

Decision 2001/246/EC of 27 March 2001 laying down the outside emergencies in the area of the Autonomous Community
conditions for the control and eradication of foot-and-mouth of Galicia does not come within the scope of the exception
disease in the Netherlands in application of Article 13 of or exclusions laid down in Article 2 of Council Directive
Directive 85/511/EEC, as amended by Commission Decision 89/391/EEC of 12 June 1989 on the introduction of measures
2001/279/EC of 5 April 2001. to encourage improvements in the safety and health of workers
at work. However, such an activity may come under the
(1) OJ C 173 of 16.6.2001.
derogations provided for in Article 17 of Directive 93/104, in
so far as the conditions set out in that provision are fulfilled.

3) Time spent on call, when their physical presence is required, by
the medical and nursing staff providing services for Servicio
Galego de Saúde in the on-call service, in primary care teams
ORDER OF THE COURT and in other services which treat outside emergencies in the area
of the Autonomous Community of Galicia must be regarded in
(Sixth Chamber) its entirety as working time, and where appropriate as overtime,
within the meaning of Directive 93/104.
of 3 July 2001

in Case C-241/99 (reference for a preliminary ruling from
the Tribunal Superior de Justicia de Galicia): Confedera- (1) OJ C 246 of 28.8.1999.
ción Intersindical Galega (CIG) v Servicio Galego de Saúde
(Sergas) (1)

(Article 104(3) of the Rules of Procedure — Social policy —
Protection of the health and safety of workers — Directives
89/391/EEC and 93/104/EC — Scope — Primary care
services personnel — Average period of work — Inclusion of
time on call)
ORDER OF THE COURT
(2001/C 289/08)

(Language of the case: Spanish) (First Chamber)

(Provisional translation; the definitive translation will be published of 12 July 2001
in the European Court Reports)

In Case C-241/99: reference to the Court under Article 234 in Case C-256/99 (reference for a preliminary ruling from
EC from the Tribunal Superior de Justicia de Galicia (Spain), the High Court of Justice of England and Wales, Queen’s
for a preliminary ruling in the proceedings pending before that Bench Division (Crown Office)): The Queen v Secretary
court between Confederación Intersindical Galega (CIG) and of State for the Home Department (1)
Servicio Galego de Safide (Sergas) — on the interpretation of
Council Directive 89/391/EEC of 12 June 1989 on the (Article 104(3) of the Rules of Procedure — Question
introduction of measures to encourage improvements in the identical to a question on which the Court has already ruled)
safety and health of workers at work (OJ 1989 L 183, p. 1)
and Council Directive 93/104/EC of 23 November 1993
concerning certain aspects of the organization of working time (2001/C 289/09)
(OJ 1993 L 307, p. 18) — the Court (Sixth Chamber),
composed of: C. Gulmann, President of the Chamber, V. Skour-
is, R. Schintgen, N. Colneric and J.N. Cunha Rodrigues (Language of the case: English)
(Rapporteur), Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given an order on 3 July 2001, the operative
part is as follows: In Case C-256/99: reference to the Court under Article 234
EC from the High Court of Justice of England and Wales,
1) An activity such as that of the medical and nursing staff Queen’s Bench Division (Crown Office) for a preliminary
providing services for Servicio Galego de Saúde in the on-call ruling in the proceedings pending before that court between
service, in primary care teams and in other services which treat The Queen and Secretary of State for the Home Department,
outside emergencies in the area of the Autonomous Community ex parte Cheung Chiu Hung, intervener: Justice — on the
of Galicia fall within the scope of Council Directive 93/104/EC interpretation of Articles 8 and 8a of the EC Treaty (now, after
of 23 November 1993 concerning certain aspects of the amendment, Articles 17 EC and 18 EC), of the Declaration by
organization of working time. the Government of the United Kingdom of Great Britain and
Northern Ireland on the definition of the term ‘nationals’,
2) An activity such as that of the medical and nursing staff annexed to the Final Act of the Treaty concerning the
providing services for Servicio Galego de Saúde in the on-call Accession of the Kingdom of Denmark, Ireland and the United
service, in primary care teams and in other services which treat Kingdom of Great Britain and Northern Ireland to the European
C 289/6 EN Official Journal of the European Communities 13.10.2001

Communities (OJ 1972 L 73, p. 196), of the new Declaration Abruzzo SpA, established in Bologna, Zuccherificio del Molise
by the Government of the United Kingdom of Great Britain SpA, established in Termoli, Italy, Società Fondiaria Industriale
and Northern Ireland on the definition of the term ‘nationals’ Romagnola SpA (SFIR), established in Cesena, Italy, represent-
(OJ 1983 C 23, p. 1), and of Declaration No 2 on nationality ed by B. O’Connor, Solicitor, and I. Vigliotti, avvocato, —
of a Member State, annexed to the Final Act of the Treaty on appeal against the order of the Court of First Instance of the
European Union (OJ 1992 C 191, p. 98) — the Court European Communities (First Chamber) of 8 July 1999 in Case
(First Chamber), composed of: M. Wathelet, President of the T-158/95 Eridania and Others v Council [1999] ECR II-2219,
Chamber, P. Jann and L. Sevón (Rapporteur), Judges; P. Léger, seeking to have that order set aside, the other parties to the
Advocate General; R. Grass, Registrar, has made an order on proceedings being, Council of the European Union (Agents:
12 July 2001, the operative part of which is as follows: I. Diez Parra and J.P. Hix), Commission of the European
Communities (Agent: F.P. Ruggeri Laderchi) and Ponteco
In order to determine whether a person is a national of the United Zuccheri SpA, established in Pontelagoscuro, Italy — the Court
Kingdom of Great Britain and Northern Ireland for the purposes of (Second Chamber), composed of V. Skouris, President of the
Community law, it is necessary to refer to the 1982 Declaration by Chamber, R. Schintgen and N. Colneric (Rapporteur), Judges;
the Government of the United Kingdom of Great Britain and J. Mischo, Advocate General; R. Grass, Registrar, has given a
Northern Ireland on the definition of the term ‘nationals’ which judgment on 28 June 2001, in which it:
replaced the 1972 Declaration by the Government of the United
Kingdom of Great Britain and Northern Ireland on the definition of 1. Dismisses the appeal;
the term ‘nationals’, annexed to the Final Act of the Treaty concerning
the Accession of the Kingdom of Denmark, Ireland and the United 2. Orders Eridania SpA, Industria Saccarifera Italiana Agroindis-
Kingdom of Great Britain and Northern Ireland to the European triale SpA (ISI), Sadam Zuccerifici, a division of SECI
Communities. — Societh Esercizi Commerciali Industriali SpA, Sadam
Castigliognese SpA, Sadam Abruzzo SpA, Zuccherificio del
Molise SpA and Società Fondiaria Industriale Romagnola SpA
(1) OJ C 246 of 28.8.1999. (SFIR) jointly to pay the costs;

3. Orders the Commission to bear its own costs.

(1) OJ C 352, 4.12.1999.

ORDER OF THE COURT OF JUSTICE

(Second Chamber)

of 28 June 2001 ORDER OF THE COURT OF JUSTICE

in Case C-351/99 P: Eridania SpA and Others v Council of (Second Chamber)
the European Union and Others (1)
of 28 June 2001
(Appeal — Common organisation of the market in the sugar
sector — System of storage fees — Authorisation for the
in Case C-352/99 P: Eridania SpA and Others v Council of
grant of national aid — Abolition — 1995/96 marketing
the European Union and Others (1)
year — Appeals by sugar producers — Acts of direct and
individual concern to them — Provision fixing the amount
of reimbursement for compensation for storage costs — (Appeal — Common organisation of the market in the sugar
Inadmissibility) sector — Pricing system — Regionalisation — Classification
of Italy — 1995/96 marketing year — Appeals by sugar
producers — Acts of direct and individual concern to them
(2001/C 289/10)
— Provision fixing the derived intervention price of white
sugar for all the zones of Italy — Inadmissibility)
(Language of the case: Italian)
(2001/C 289/11)
(Provisional translation; the definitive translation will be published
in the European Court Report)
(Language of the case: Italian)
In Case C-351/99 P: Eridania SpA, formerly Eridania Zuccheri-
fici Nazionali SpA, established in Genoa, Italy, Industria (Provisional translation; the definitive translation will be published
Saccarifera Italiana Agroindistriale SpA (ISI), established in in the European Court Report)
Padua, Italy, Sadam Zuccerifici, a division of SECI — Società
Esercizi Commerciali Industriali SpA, established in Bologna, In Case C-351/99 P: Eridania SpA, formerly Eridania Zuccheri-
Italy, Sadam Castigliognese SpA, established in Bologna, Sadam fici Nazionali SpA, established in Genoa, Italy, Industria