Judgment of the Court (Sixth Chamber) of 15 March 2001 in Case C-147/00: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Quality of bathing water — Inadequate implementation of Directive 76/160/EEC)
Date: 2001-06-16
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, bathing water, quality of the environment, water analysis

16.6.2001

EN

Official Journal of the European Communities

C 173/21

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 15 March 2001

in Case C-108/00 (reference for a preliminary ruling from
the Conseil d’E´ tat, France): Syndicat des Producteurs
Indépendants (SPI) v Ministère de l’E´ conomie, des Finan-
ces et de l’Industrie (1)

(Tax provisions — Harmonisation of laws — Turnover taxes
— Common system of value added tax — Second indent of
Article 9(2)(e) of the Sixth VAT Directive — Determination
of relevant place for tax purposes — Advertising services
Inclusion of services provided through the intermediary of a
third party)

(2001/C 173/35)

(Language of the case: French)

(Sixth Chamber)

of 15 March 2001

in Case C-147/00: Commission of the European Communi-
ties v French Republic (1)

(Failure of a Member State to fulfil its obligations — Quality
of bathing water — Inadequate implementation of Directive
76/160/EEC)

(2001/C 173/36)

(Language of the case: French)

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

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

In Case C-108/00: reference to the Court under Article 234
EC from the Conseil d’E´ tat, France, for a preliminary ruling in
the proceedings pending before that court between Syndicat
des Producteurs Indépendants (SPI) and Ministère de l’Econom-
ie, des Finances et de l’Industrie — on the interpretation of
Article 9(2)(e) of the Sixth Council Directive 77/388/EEC of
17 May 1977 on the harmonisation of the laws of the Member
States relating to turnover taxes — Common system of value
added tax: uniform basis of assessment (OJ 1977 L 145, p. 1),
— the Court (Fifth Chamber), composed of: A. La Pergola,
President of the Chamber, M. Wathelet, D.A.O. Edward, P. Jann
Jacobs, Advocate
(Rapporteur) and L. Sevo´ n,
General; D. Louterman-Hubeau, Head of Division, for the
Registrar, has given a judgment on 15 March 2001, in which
it has ruled:

Judges; F.G.

The second indent of Article 9(2)(e) of the Sixth Council Directive
77/388/EEC of 17 May 1977 on the harmonisation of the laws of
the Member States relating to turnover taxes — Common system of
value added tax: uniform basis of assessment must be interpreted as
applying not only to advertising services supplied directly and invoiced
by the supplier to a taxable advertiser but also to services supplied
indirectly to the advertiser and invoiced to a third party who in turn
invoices them to the advertiser.

(1) OJ C 149 of 27.5.2000.

In Case C-147/00: Commission of the European Communities
(Agents: J.-F. Pasquier and G. Valero Jordana) v French Republic
(Agents: K. Rispal-Bellanger and D. Colas) — application for a
declaration that

— by failing to take all necessary measures to ensure that,
within 10 years of notification of Council Directive
76/160/EEC of 8 December 1975 concerning the quality
of bathing water (OJ 1976 L 31, p. 1), the quality of
bathing water conformed to the limit values set
in
accordance with the directive, contrary to Article 4(1)
thereof,

— by failing to carry out sampling operations, the minimum
frequency of which is laid down in the Annex to Directive
76/160 in respect of all parameters and all bathing
waters, contrary to Article 6(1), and

— by failing to carry out the sampling operations for the

‘total coliform’ parameter,

the French Republic has failed to take all measures to comply
with its obligations under Directive 76/160 and has failed to
fulfil
its obligations under Articles 3, 4, 5 and 6 of that
directive, — the Court (Sixth Chamber), composed of: C. Gul-
mann, President of the Chamber, J.-P. Puissochet, F. Macken,
N. Colneric and J.N. Cunha Rodrigues (Rapporteur), Judges;
D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
has given a judgment on 15 March 2001, in which it:

C 173/22

EN

Official Journal of the European Communities

16.6.2001

1. Declares that,

— by failing to take all the measures necessary to ensure
that, within 10 years of
the notification of Council
Directive 76/160/EEC of 8 December 1975 concerning
the quality of bathing water, the quality of bathing water
conformed to the limit values set in accordance with the
directive, contrary to Article 4(1) thereof;

— by failing to carry out sampling operations in line with
the minimum frequency laid down in the Annex to
Directive 76/160 in respect of inland bathing waters,
contrary to Article 6(1), and

— by failing to carry out sampling operations for the ‘total

coliform’ parameter,

the French Republic has failed to fulfil its obligations under
Articles 3, 4, 5 and 6 of Directive 76/160;

2. Orders the French Republic to pay the costs.

(1) OJ C 176 of 24.6.2000.

represented

(J. L. Iglesias Buhigues and U. Wölker, assisted by B. Wägen-
baur), supported by the French Republic (K. Rispal-Bellanger
by
Freistaat Thüringen,
and C. Vasak),
G. M. Berrisch, of the Brussels Bar, with an address for service
in Luxembourg at the Chambers of G. Harles, 8-10 Rue
Mathias Hardt and Molkerei und Weichkäserei K-H. Zimmer-
mann GmbH, established in Falkenhain, (Germany), represent-
ed by P. Lotze and S. Lehr, of the Brussels Bar, with an address
for service in Luxembourg at the Chambers of R. Faltz, 6 Rue
Heinrich Heine, the Court (Second Chamber), composed of
V.Skouris, President of the Chamber, R. Schintgen (Rapporteur)
and N. Colneric, Judges; P. Léger, Advocate General, R. Grass,
Registrar, made an order on 26 October 2000 the operative
part of which is as follows:

1.

The appeal is dismissed;

2. Molkerei Grossbraunshain GmbH and Bene Nahrungsmittel

GmbH are ordered to pay the costs;

3.

The French Republic and the Freistaat Thüringen shall bear
their own costs.

(1) OJ C 33 of 6 February 1999.

ORDER OF THE COURT

(Second Chamber)

of 26 October 2000

in Case C-447/98 P: Molkerei Grossbraunshain GmbH
and Bene Nahrungsmittel GmbH v Commission of the
European Communities (1)

(Community protection of designations of origin — Com-
mission Regulation registering the designation ‘Altenburger
Ziegenkäse’ — Application for annulment — Inadmissibility
— Appeal manifestly ill-founded)

(2001/C 173/37)

(Language of the case: German)

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

In Case C-447/98 P, Molkerei Grossbraunshain GmbH, and
Bene Nahrungsmittel GmbH, both established in Altenburg
(Germany), represented by M. Lochschelder and T. Klingbell,
of the Cologne Bar, with an address for service in Luxembourg
at the Chambers of M. Loesch, 4 rue Carlo Hemmer — appeal
against the order of the Court of First Instance of the European
Communities (Second Chamber) of 15 September 1998 in
Case T-109/97 Molkerei Grossbraunshain GmbH and Bene
Nahrungsmittel GmbH v Commission [1998] ECR II-3533,
seeking to have that order set aside, the other parties to the
proceedings being: Commission of the European Communities

ORDER OF THE COURT

(Third Chamber)

of 15 December 2000

in Case C-86/98 (reference for a preliminary ruling from
the Consiglio di Stato): Questore Macerata v Claudio
Peroni (1)

(Article 104(3) of the Rules of Procedure — Question
identical to a question on which the Court has already ruled)

(2001/C 173/38)

(Language of the case: Italian)

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

In Case C-86/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the the Consiglio di