Judgment of the Court (Fifth Chamber) of 13 September 2001 in Case C-417/99: Commission of the European Communities v Kingdom of Spain (Failure by a State to comply with its obligations — Directive 96/62/EC — Ambient air quality assessment and management — Failure to designate the competent authorities and bodies responsible for implementing the directive)
Date: 2001-10-27
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, air quality, environmental protection, pollution control

C 303/4

EN

Official Journal of the European Communities

27.10.2001

1. Dismisses the application;

JUDGMENT OF THE COURT

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

(1) OJ C 366 of 18.12.1999.

(Fifth Chamber)

of 13 September 2001

JUDGMENT OF THE COURT

(Fifth Chamber)

of 13 September 2001

in Case C-417/99: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure by a State to comply with its obligations —
Directive 96/62/EC — Ambient air quality assessment
and management — Failure to designate the competent
authorities and bodies responsible for implementing the
directive)

in Case C-375/99: Kingdom of Spain v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — Expenditure for 1996
and 1997 — Public storage of bovine meat)

(2001/C 303/05)

(Language of the case: Spanish)

(2001/C 303/04)

(Language of the case: Spanish)

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

In Case C-375/99: Kingdom of Spain (Agent: M. Lo´ pez-Monı´s
Gallego) v Commission of the European Communities (Agent:
J. Guerra Ferna´ndez) — application for the partial annulment
of Commission Decision 1999/603/EC of 28 July 1999
excluding from Community financing certain expenditure
incurred by the Member States under the Guarantee Section of
the European Agricultural Guidance and Guarantee Fund
(EAGGF) (OJ 1999 L 234, p. 6), in respect of the financial
adjustment imposed of 5 % of certain expenditure declared by
Spain under tariff headings 2111 (technical expenditure),
2112 (financial expenditure) and 2113 (other expenditure),
corresponding to the sector for public storage of bovine meat
— the Court (Fifth Chamber), composed of: A. La Pergola,
President of the Chamber, D.A.O. Edward, P. Jann (Rappor-
teur), S. von Bahr and C.W.A. Timmermans, Judges; L.A. Geel-
hoed, Advocate General; R. Grass, Registrar, has given a
judgment on 13 September 2001, in which it:

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

In Case C-417/99: Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent: N. Dı´az
Abad) — application for a declaration that, by failing to
designate the competent authorities and bodies referred to in
the first paragraph of Article 3 of Council Directive 96/62/EC
of 27 September 1996 on ambient air quality assessment and
management (OJ 1996 L 296, p. 55), the Kingdom of Spain
has failed to fulfil one of its obligations under that directive —
(Fifth Chamber), composed of: A. La Pergola,
the Court
President of
the Chamber, D.A.O. Edward (Rapporteur),
P. Jann, L. Sevo´ n and C.W.A. Timmermans, Judges; P. Léger,
Advocate General; R. Grass, Registrar, has given a judgment
on 13 September 2001, in which it:

1. Declares that, by failing to adopt within the prescribed period
the laws, regulations and administrative provisions necessary to
designate the competent authorities and bodies referred to in the
first paragraph of Article 3 of Council Directive 96/62/EC of
27 September 1996 on ambient air quality assessment and
management, the Kingdom of Spain has failed to fulfil its
obligations under that directive;

1. Dismisses the application;

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

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

(1) OJ C 366 of 18.12.1999.

(1) OJ C 20 of 22.1.2000.