Judgment of the Court (Sixth Chamber) of 10 May 2001 in Case C-152/98: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil its obligations — Directive 76/464/EEC — Water pollution — Failure to transpose)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, dangerous substance, water pollution

14.7.2001

EN

Official Journal of the European Communities

C 200/11

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 3 May 2001

(Sixth Chamber)

of 10 May 2001

in Case C-190/00 (reference for a preliminary ruling from
the Cour d’appel de Paris): criminal proceedings against
Edouard Balguerie and Others and Société Balguerie and
Others (1)

(Regulation (EEC) No 4142/87 — Conditions under which
certain goods are eligible on import for a favourable tariff
arrangement by reason of their end-use — Regulations
(EEC) Nos 1517/91, 1431/92 and 1421/93 — Suspension
of autonomous Common Customs Tariff duties — Dates)

(2001/C 200/19)

(Language of the case: French)

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

In Case C-190/00: reference to the Court under Article 234
EC from the Cour d’appel de Paris (France) for a preliminary
ruling in the criminal proceedings pending before that court
against E´ douard Balguerie and Others and Société Balguerie
and Others, liable in a civil capacity — on the interpretation
of Commission Regulation (EEC) No 4142/87 of 9 December
1987 determining the conditions under which certain goods
are eligible on import for a favourable tariff arrangement by
reason of their end-use (OJ 1987 L 387 p. 81) — the Court
(Third Chamber), composed of: C. Gulmann, President of the
Chamber, F. Macken (Rapporteur) and J.N. Cunha Rodrigues,
Judges; J. Mischo, Advocate General; R. Grass, Registrar, has
given a judgment on 3 May 2001, in which it has ruled:

Commission Regulation (EEC) No 4142/87 of 9 December 1987
determining the conditions under which certain goods are eligible on
import for a favourable tariff arrangement by reason of their end-use,
Council Regulation (EEC) No 1517/91 of 31 May 1991, Council
Regulation (EEC) No 1431/92 of 26 May 1992 and Council
Regulation (EEC) No 1421/93 of 7 June 1993 temporarily
suspending the autonomous Common Customs Tariff duties on a
number of agricultural products do not preclude dates imported in
original packings of a net content not exceeding 11 kg from being
eligible for suspension of the autonomous Common Customs Tariff
duties.

in Case C-152/98: Commission of the European Communi-
ties v Kingdom of the Netherlands (1)

(Failure of a Member State to fulfil
its obligations —
Directive 76/464/EEC — Water pollution — Failure to
transpose)

(2001/C 200/20)

(Language of the case: Dutch)

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

In Case C-152/98: Commission of the European Communities
the
(Agents: H. van Lier and J. Stuyck) v Kingdom of
Netherlands (Agents: M.A. Fierstra and C. Wissels) — appli-
cation for a declaration that, by failing to take adequate steps
to transpose Article 7(1), (2) and (3) of Council Directive
76/464/EEC of 4 May 1976 on pollution caused by certain
dangerous substances discharged into the aquatic environment
of the Community (OJ 1976 L 129, p. 23), the Kingdom of
the Netherlands has failed to fulfil its obligations under that
directive and Article 189 of the EC Treaty (now Article 249
EC) — the Court (Sixth Chamber), composed of: C. Gulmann,
President of
J.-P. Puissochet, R. Schintgen,
F. Macken and N. Colneric (Rapporteur), Judges; J. Mischo,
Advocate General; D. Louterman-Hubeau, Head of Division,
for the Registrar, has given a judgment on 10 May 2001, in
which it:

the Chamber,

1. Declares that, by failing to adopt for the Scheldt basin all the
measures necessary to transpose Article 7 of Council Directive
76/464/EEC of 4 May 1976 on pollution caused by certain
dangerous substances discharged into the aquatic environment
of the Community, the Kingdom of the Netherlands has failed
to fulfil its obligations under that directive;

2. Dismisses the remainder of the application;

3. Orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 211 of 22.7.2000.

(1) OJ C 258 of 15.8.1998.