Judgment of the Court (Third Chamber) of 7 December 2000 in Case C-69/99: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil its obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Identification of waters affected by pollution — Specifying of surface freshwaters)
Date: 2001-04-21
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, pollution from agricultural sources, water pollution

21.4.2001

EN

Official Journal of the European Communities

C 118/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Sixth Chamber)

of 7 December 2000

transposition measures relating to the whole of its territory and
by failing correctly to implement the aforesaid provision, the
French Republic has failed to fulfil its obligations under that
directive;

2. Orders the French Republic to pay the costs.

in Case C-38/99: Commission of the European Communi-
ties v French Republic (1)

(1) OJ C 136 of 15.5.1999.

(Failure by a Member State to fulfil its obligations —
Directive 79/409/EEC — Conservation of wild birds —
Hunting periods)

(2001/C 118/01)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-38/99: Commission of the European Communities
(Agents: P. Stancanelli and O. Couvert-Castéra) v French
Republic (Agents: K. Rispal-Bellanger and D. Colas) — appli-
cation for a declaration that, by failing correctly to transpose
Article 7 of Council Directive 79/409/EEC of 2 April 1979 on
the conservation of wild birds (OJ 1979 L 103 p. 1), by
omitting to communicate all
the transposition measures
relating to the whole of its territory and by failing correctly to
implement the aforesaid provision, the French Republic has
failed to fulfil its obligations under that directive — the Court
(Sixth Chamber), composed of: C. Gulmann (Rapporteur),
President of
J.-P. Puissochet,
R. Schintgen and F. Macken, Judges; D. Ruiz-Jarabo Colomer,
Advocate General; D. Louterman-Hubeau, Head of Division,
for the Registrar, has given a judgment on 7 December 2000,
in which it:

the Chamber, V. Skouris,

1. Declares that, by failing correctly to transpose Article 7(4) of
Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds, by omitting to communicate all the

JUDGMENT OF THE COURT

(Third Chamber)

of 7 December 2000

in Case C-69/99: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure of a Member State to fulfil
its obligations —
Directive 91/676/EEC — Protection of waters against pol-
lution caused by nitrates from agricultural sources —
Identification of waters affected by pollution — Specifying
of surface freshwaters)

(2001/C 118/02)

(Language of the case: English)

In Case C-69/99: Commission of the European Communities
(Agent: R. Wainwright) v United Kingdom of Great Britain and
Northern Ireland (Agents: M. Ewing and D. Wyatt, QC) —
application for a declaration that, by failing to adopt all the

C 118/2

EN

Official Journal of the European Communities

21.4.2001

measures necessary to comply with its obligations under
Article 3(1) and (2) and Article 5 of Council Directive
91/676/EEC of 12 December 1991 concerning the protection
of waters against pollution caused by nitrates from agricultural
sources (OJ 1991 L 375, p. 1), the United Kingdorn has failed
to fulfil its obligations under that directive and the EC Treaty
— the Court (Third Chamber), composed of: C. Gulmann,
President of the Chamber, J.-P. Puissochet and F. Macken
(Rapporteur), Judges; P. Léger, Advocate General; R. Grass,
Registrar, has given a judgment on 7 December 2000, in
which it:

1. Declares that, by failing to adopt all the laws, regulations
and administrative provisions necessary to comply with the
obligations laid down in Article 3(1) and (2) and Article 5
of Council Directive 91/676/EEC of 12 December 1991
concerning the protection of waters against pollution caused by
nitrates from agricultural sources, the United Kingdom of Great
Britain and Northern Ireland has failed to fulfil its obligations
under that directive;

2. Orders the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 136 of 15.5.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 7 December 2000

in Case C-79/99 (reference for a preliminary ruling from
the Verwaltungsgericht Frankfurt am Main): Julia Schnor-
bus v Land Hessen (1)

(Equal treatment for men and women — Rules on access to
practical
legal training in Land Hesse — Priority for
applicants who have completed military or civilian service)

(2001/C 118/03)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-79/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Verwaltungsge-
richt Frankfurt am Main (Administrative Court, Frankfurt am
Main), Germany for a preliminary ruling in the proceedings
pending before that court between Julia Schnorbus and Land
Hessen - on the interpretation of Council Directive 76/207/EEC
of 9 February 1976 on the implementation of the principle of

equal treatment for men and women as regards access to
employment, vocational training and promotion, and working
conditions (OJ 1976 L 39, p. 40) — the Court (Sixth Chamber),
composed of: C. Gulmann, President of the Chamber, V. Skou-
ris, J.-P. Puissochet (Rapporteur), R. Schintgen and F. Macken,
Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has
given a judgment on 7 December 2000, in which it has ruled:

1. National provisions governing the date of admission to the
practical
legal training which is a necessary prerequisite of
access to employment in the civil service fall within the scope of
Council Directive 76/207/EEC of 9 February 1976 on the
implementation of the principle of equal treatment for men and
women as regards access to employment, vocational training
and promotion, and working conditions.

2. National provisions such as those at

issue in the main
proceedings do not constitute discrimination directly based on
sex.

3. National provisions such as those at

issue in the main

proceedings constitute indirect discrimination based on sex.

4. Directive 76/207 does not preclude national provisions such as
those at issue in the main proceedings,
in so far as such
provisions are justified by objective reasons and prompted solely
by a desire to counterbalance to some extent the delay resulting
from the completion of compulsory military or civilian service.

(1) OJ C 136 of 15.5.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 7 December 2000

in Case C-213/99 (reference for a preliminary ruling from
the Tribunal Fiscal Aduaneiro do Porto, Portugal): José
Teodoro de Andrade v Director da Alfândega de Leixo˜ es,
intervener: Ministério Pu´ blico (1)

(Release of goods for free circulation — Expiry of the period
within which a customs-approved use must be assigned —
Procedure for putting goods up for sale or levying an ad
valorem duty)

(2001/C 118/04)

(Language of the case: Portuguese)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-213/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Tribunal Fiscal