Judgment of the Court (Fifth Chamber) of 25 October 2001 in Case C-120/99: Italian Republic v Council of the European Union (Common agricultural policy — Fisheries — Bluefin tuna — Regulation (EC) No 49/1999 — Statement of reasons — Total allowable catches (TACs) — Allocation of TACs among Member States — Principle of relative stability — Determination of basic data — Complex economic situation — Discretion — International Convention for the Conservation of Atlantic Tunas — Accession of the Community — Impact on the allocation of TACs to Member States — Principle of non-discrimination)
Date: 2001-12-22
Institutions: Court of Justice
Subjects: Council of the European Union, Italy, action for annulment (EU), authorised catch, catch quota, sea fish

C 369/2

EN

Official Journal of the European Communities

22.12.2001

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 25 October 2001

in Case C-120/99: Italian Republic v Council of the
European Union (1)

(Common agricultural policy — Fisheries — Bluefin tuna —
Regulation (EC) No 49/1999 — Statement of reasons —
Total allowable catches (TACs) — Allocation of TACs
among Member States — Principle of relative stability —
Determination of basic data — Complex economic situation
— Discretion — International Convention for the Conser-
vation of Atlantic Tunas — Accession of the Community —
Impact on the allocation of TACs to Member States —
Principle of non-discrimination)

(Fifth Chamber)

of 25 October 2001

in Case C-276/99: Federal Republic of Germany v Com-
mission of the European Communities (1)

(ECSC — State aid granted to iron and steel undertakings
— Application for the recovery of aid contrary to Community
law — Obligations of the Member States — Failure to fulfil
obligations — Procedure initiated when the failure has
exhausted its effects)

(2001/C 369/02)

(2001/C 369/03)

(Language of the case: Italian)

(Language of the case: German)

(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-120/99: Italian Republic (Agent: U. Leanza, assisted
by P.G. Ferri and D. Del Gaizo) v Council of the European
Union (Agents: M. Sims and I. Dı´ez Parra) supported by
Kingdom of Spain (Agent: R. Silva de Lapuerta) by French
Republic (Agents:
J.-F. Dobelle, K. Rispal-Bellanger and
C. Vasak) and by Commission of the European Communities
(Agents: T. van Rijn and F.P. Ruggeri Laderchi) — application
for the annulment of Article 2 of Council Regulation (EC)
No 49/1999 of 18 December 1998 fixing, for certain stocks
of highly migratory fish, the total allowable catches for 1999,
their distribution in quotas to Member States and certain
conditions under which they may be fished (OJ 1999 L 13,
p. 54) and of the table relating to bluefin tuna annexed to that
regulation — the Court (Fifth Chamber), composed of: P. Jann,
President of
the Chamber, S. von Bahr, D.A.O. Edward,
A. La Pergola and C.W..A. Timmermans (Rapporteur), Judges;
D. Ruiz-Jarabo Colomer, Advocate General; L. Hewlett, Admin-
istrator, for the Registrar, has given a judgment on 25 October
2001, in which it:

1. Dismisses the application;

2. Orders the Italian Republic to pay the costs;

3. Orders the Kingdom of Spain, the French Republic and the
Commission of the European Communities to bear their own
costs.

(1) OJ C 188 of 3.7.1999.

In Case C-276/99: Federal Republic of Germany (Agents:
initially by W.-D. Plessing and C.-D. Quassowski, and, sub-
sequently, by W.-D. Plessing, assisted by R. Bierwagen) v
Commission of the European Communities (Agents: V. Kreu-
schitz and J.M. Flett) — application for the annulment of
Commission Decision 1999/597/ECSC of 21 April 1999 in
proceedings under Article 88 of the ECSC Treaty concerning
State aid granted by the Federal Republic of Germany to Neue
Maxhütte Stahlwerke GmbH (OJ 1999 L 230, p. 4) — the
Court (Fifth Chamber), composed of: P. Jann (Rapporteur),
President of the Chamber, A. La Pergola, L. Sevo´ n, M. Wathelet
and C.W.A. Timmermans, Judges; J. Mischo, Advocate General;
L. Hewlett, Administrator,
for the Registrar, has given a
judgment on 25 October 2001, in which it:

1. Annuls Commission Decision 1999/597/ECSC of 21 April
1999 in proceedings under Article 88 of the ECSC Treaty
concerning State aid granted by the Federal Republic of
Germany to Neue Maxhütte Stahlwerke GmbH;

2. Orders the Commission to pay the costs.

(1) OJ C 281 of 2.10.1999.