Judgment of the Court (First Chamber) of 12 December 2000 in Case C-435/99: Commission of the European Communities v Portuguese Republic (Failure of Member State to fulfil its obligations — Failure to transpose Directives 76/464/EEC, 78/176/EEC, 78/659/EEC, 80/68/EEC, 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC)
Date: 2001-04-21
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, dangerous substance, pollution

21.4.2001

EN

Official Journal of the European Communities

C 118/5

JUDGMENT OF THE COURT

(First Chamber)

of 12 December 2000

in Case C-435/99: Commission of the European Communi-
ties v Portuguese Republic (1)

(Failure of Member State to fulfil its obligations — Failure
78/176/EEC,
to
83/513/EEC,
78/659/EEC,

transpose Directives
80/68/EEC,

76/464/EEC,
82/176/EEC,

84/156/EEC, 84/491/EEC and 86/280/EEC)

(2001/C 118/08)

(Language of the case: Portuguese)

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

In Case C-435/99: Commission of the European Communities
(Agents: L. Ström and A. Caeiros) v Portuguese Republic
(Agents: J.L. Fernandes, M. Roma˜o and LL. Fernandes) —
application for a declaration that, by having failed to send the
Commission the necessary reports on the implementation of:

— Article 13(1) of Council Directive 76/464/EEC of 4 May
1976 on pollution caused by certain dangerous substan-
ces discharged into the aquatic environment of
the
Community (OJ 1976 L 129, p. 23),

— Article 14 of Council Directive 78/176/EEC of 20 Febru-
ary 1978 on waste from the titanium dioxide industry
(OJ 1978 L 54, p. 19), as amended by Council Directive
83/29/EEC of 24 January 1983 (OJ 1983 L 32, p. 28),

— Article 16 of Council Directive 78/659/EEC of 18 July
1978 on the quality of fresh waters needing protection
or improvement in order to support fish life (OJ 1978
L 222, p. 1), as amended most recently by the act
concerning the conditions of accession of the Kingdom
of Spain and the Portuguese Republic and the adjustments
to the Treaties (OJ 1985 L 302, p. 23),

— Article 5(1) and the first paragraph of Article 5(2) of
Council Directive 82/176/EEC of 22 March 1982 on
limit values and quality objectives for mercury discharges
by the chlor-alkali electrolysis industry (OJ 1982 L 81,
p. 29),

— Article 5(1) and (2) of Council Directive 83/513/EEC of
26 September 1983 on limit values and quality objectives
for cadmium discharges (OJ 1983 L 291, p. 1),

— Article 6(1) of Council Directive 84/156/EEC of 8 March
1984 on limit values and quality objectives for mercury
discharges by sectors other than the chlor-alkali electroly-
sis industry (OJ 1984 L 74, p. 49),

— Article 5(1) and (2) of Council Directive 84/491/EEC of
9 October 1984 on limit values and quality objectives for
discharges of hexachlorocyclohexane (OJ 1984 L 274,
p. 11), and

— Article 6(1) and (2) of Council Directive 86/280/EEC of
12 June 1986 on limit values and quality objectives for
discharges of certain dangerous substances included in
List 1 of the Annex to Directive 76/464/EEC (OJ 1986
L 181, p. 16), as amended most recently by Council
Directive 90/415/EEC of 27 July 1990 (OJ 1990 L 219,
p. 49),

as those provisions are worded pursuant to amendment by
Article 2(1) of Council Directive 91/692/EEC of 23 December
1991 standardising and rationalising reports on the implemen-
tation of certain Directives relating to the environment
(OJ 1991 L 377, p. 48), the Portuguese Republic has failed to
fulfil
its obligations under the provisions of the directives
mentioned above and under the first paragraph of Article 5,
and the third paragraph of Article 189, of the EC Treaty (now,
the first paragraph of Article 10 EC and the third paragraph of
Article 249 EC), — the Court (First Chamber), composed of:
M. Wathelet, President of the Chamber, P. Jann (Rapporteur)
and L. Sevo´ n Judges; D. Ruiz-Jarabo Colomer, Advocate
General; R. Grass, Registrar, has given a judgment on
12 December 2000, in which it:

1. Declares that, by having failed to submit to the Commission

the necessary reports on the implementation of:

— Article 13(1) of Council Directive 76/464/EEC of 4 May
1976 on pollution caused by certain dangerous substances
discharged into the aquatic environment of the Com-
munity,

— Article 16(1) of Council Directive 80/68/EEC of
17 December 1979 on the protection of groundwater
against pollution caused by certain dangerous substances
(OJ 1980 L 20, p. 43),

— Article 14 of Council Directive 78/176/EEC of 20 Febru-
ary 1978 on waste from the titanium dioxide industry, as
amended by Council Directive 83/29/EEC of 24 January
1983,

C 118/6

EN

Official Journal of the European Communities

21.4.2001

— Article 16 of Council Directive 78/659/EEC of 18 July
1978 on the quality of fresh waters needing protection or
improvement in order to support fish life, as amended
most recently by the act concerning the conditions of
accession of the Kingdom of Spain and the Portuguese
Republic and the adjustments to the Treaties,

— Article 16(1) of Council Directive 80/68/EEC of
17 December 1979 on the protection of groundwater
against pollution caused by certain dangerous substances,

— Article 5(1) and the first paragraph of Article 5(2) of
Council Directive 82/176/EEC of 22 March 1982 on
limit values and quality objectives for mercury discharges
by the chlor-alkali electrolysis industry,

— Article 5(1) and (2) of Council Directive 83/513/EEC of
26 September 1983 on limit values and quality objectives
for cadmium discharges,

— Article 6(1) of Council Directive 84/156/EEC of 8 March
1984 on limit values and quality objectives for mercury
discharges by sectors other than the chlor-alkali electrolysis
industry,

— Article 5(1) and (2) of Council Directive 84/491/EEC of
9 October 1984 on limit values and quality objectives for
discharges of hexachlorocyclohexane, and

— Article 6(1) and (2) of Council Directive 86/280/EEC of
12 June 1986 on limit values and quality objectives for
discharges of certain dangerous substances included in
List I of the Annex to Directive 76/464/EEC, as amended
most
recently by Council Directive 90/415/EEC of
27 July 1990,

as those provisions are worded pursuant to amendment by Article
2(1) of Council Directive 91/692/EEC of 23 December 1991
standardising and rationalising reports on the implementation of
certain Directives relating to the environment, the Portuguese Republic
has failed to fulfil its obligations under the provisions of the directives
mentioned above.

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 34 of 5.2.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 14 December 2000

in Case C-245/97: Federal Republic of Germany v Com-
mission of the European Communities (1)

(EAGGF — Clearance of accounts — 1993 financial year
— Promotion of milk products)

(2001/C 118/09)

(Language of the case: German)

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

In Case C-245/97: Federal Republic of Germany (Agents:
E. Röder and C.-D. Quassowski) v Commission of the European
Communities (Agents: K.-D. Borchardt and I. Brinker) —
application for the partial annulment of Commission Decision
97/333/EC of 23 April 1997 on the clearance of the accounts
presented by the Member States in respect of the expenditure
for 1993 on the Guarantee Section of the European Agricul-
tural Guidance and Guarantee Fund (EAGGF) (OJ 1997 L 139,
p. 30) in so far as it refused to charge to the EAGGF the sums
of DEM 608 583,40, representing expenditure on promoting
milk, and DEM 485 466,68 for failure to comply with
deadlines for payments to farmers under a scheme for the
temporary set aside of arable land — the Court
(Sixth
the
Chamber), composed of: C. Gulmann, President of
Chamber, V. Skouris (Rapporteur) and J.-P. Puissochet, Judges;
N. Fennelly, Advocate General; H.A. Rühl, Principal Adminis-
trator, for the Registrar, has given a judgment on 14 December
2000, in which it:

1. Annuls Commission Decision 97/333/EC of 23 April 1997
on the clearance of the accounts presented by the Member States
in respect of the expenditure for 1993 on the Guarantee Section
of the European Agricultural Guidance and Guarantee Fund
(EAGGF) in so far as it refused to charge to the EAGGF the
sum of DEM 608 583,40 representing expenditure incurred
by the Federal Republic of Germany on promoting milk (budget
item 2062).

2. Orders the Commission of the European Communities to pay

the costs.

(1) OJ C 295 of 27.9.1997.