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28.5.

2005 EN Official Journal of the European Union C 132/7

— by failing, in breach of the provisions of Council Directive 1. Declares that the application is inadmissible;
64/221/EEC of 25 February 1964 on the co-ordination of
special measures concerning the movement and residence of
foreign nationals which are justified on grounds of public 2. Orders the Kingdom of Spain to pay the costs;
policy, public security or public health, to issue a residence
permit as soon as possible and in any event not later than six
3. Orders the Republic of Finland to bear its own costs.
months from the date on which the application for that permit
was submitted,

(1) OJ C 146 of 21.6.2003.


the Kingdom of Spain has failed to fulfil its obligations under
those directives;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 135 of 07.06.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 17 March 2005

in Case C-170/03 (reference for a preliminary ruling from


the Hoge Raad der Nederlanden): Staatssecretaris van
JUDGMENT OF THE COURT Financiën v J.H.M. Feron (1)

(Regulation (EEC) No 918/83 — Relief from customs duties


(Grand Chamber)
— Meaning of ‘personal property’ and ‘possession’ — Motor
vehicle made available to a person by his employer)
of 15 March 2005
(2005/C 132/13)

in Case C-160/03: Kingdom of Spain v Eurojust (1)


(Language of the case: Dutch)

(Action for annulment under Article 230 EC — Action


brought by a Member State challenging calls for applications, In Case C-170/03: reference for a preliminary ruling under
issued by Eurojust, for positions as members of the temporary Article 234 EC from the Hoge Raad der Nederlanden (Nether-
staff — No jurisdiction of the Court — Inadmissible) lands), made by decision of 11 April 2003, received at the
Court on 14 April 2003, in the proceedings pending before
that court between Staatssecretaris van Financiën and J.H.M.
(2005/C 132/12) Feron — the Court (First Chamber), composed of P. Jann, Presi-
dent of the Chamber, A. Rosas, K. Lenaerts, S. von Bahr
(Rapporteur) and K. Schiemann, Judges; M. Poiares Maduro,
(Language of the case: Spanish) Advocate General; M.-F. Contet, Principal Administrator, for
the Registrar, gave a judgment on 17 March 2005, the opera-
tive part of which is as follows:

In Case C-160/03: Kingdom of Spain (Agent: L. Fraguas A car such as that at issue in the main proceedings is to be regarded
Gadea), supported by Republic of Finland (Agent: T. Pynnäv) v as personal property within the meaning of Article 1(2)(c) of Council
Eurojust (Agent: J. Rivas de Andrés and D. O'Keeffe) — action Regulation (EEC) No 918/83 of 28 March 1983 setting up a Com-
for annulment under Article 230 EC, brought on 8 April 2004 munity system of reliefs from customs duty and thus eligible for relief
— the Court (Grand Chamber), composed of V. Skouris, Presi- from import duty under Articles 2 and 3 of the regulation.
dent, P. Jann, C.W.A. Timmermans, A. Rosas (Rapporteur) and
A. Borg Barthet, Presidents of Chambers, R. Schintgen, N.
Colneric, S. von Bahr, J.N. Cunha Rodrigues, E. Juhász, G. (1) OJ C 146 of 21.06.2003.
Arestis, M. Ilešič and J. Malenovský, Judges; M. Poiares Maduro,
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, gave a judgment on 15 March 2005, in which it: