Judgment of the Court (Sixth Chamber) of 8 November 2001 in Case C-127/99: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Inadequate implementation of Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources)
Date: 2002-01-05
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, chemical salt, pollution from agricultural sources, water pollution

5.1.2002

EN

Official Journal of the European Communities

C 3/5

subsequently H. van Lier and A. Caeiros, assisted by E. Braga)
v Manuel Pereira Rolda˜o & Filhos Ld.a, established in Marinha
Grande (Portugal), Instituto Superior Técnico, established in
Lisbon (Portugal), represented by J.L. da Cruz Vilaga and
T. Araga˜o Morais, advogados, and King, Taudevin & Gregson
(Holdings) Ltd — application by the Commission pursuant to
Article 181 of the EC Treaty (now Article 238 EC) for recovery
of an advance payment which it had granted to the defendants
under Contract No IN 90/91 PO/UK relating to activities
concerning the promotion of energy technology in Europe
(Thermie programme) — the Court (Third Chamber), compo-
sed of: F. Macken, President of the Chamber, C. Gulmann and
J.N. Cunha Rodrigues (Rapporteur), Judges; L.A. Geelhoed,
Advocate General; L. Hewlett, Administrator, for the Registrar,
has given a judgment on 13 November 2001, in which it:

1. Orders Manuel Pereira Rolda˜o & Filhos Ld.a and the Instituto
Superior Técnico jointly and severally to pay to the Commission
of the European Communities the sum of EUR 357 813;

2. Orders Manuel Pereira Rolda˜o & Filhos Ld.a to pay to
the Commission of the European Communities the sum of
EUR 185 833,78 in interest due as at 1 January 1999 and
contractual interest from that date until full payment of the
principal sum due;

3. Orders Manuel Pereira Rolda˜o & Filhos Ld.a and the Instituto

Superior Técnico to pay the costs.

(1) OJ C 121 of 1.5.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 8 November 2001

in Case C-127/99: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Inadequate implementation of Directive 91/676/EEC —
Protection of waters against pollution caused by nitrates
from agricultural sources)

(Agent: P. Stancanelli) v Italian Republic (Agent: U. Leanza,
assisted by P.G. Ferri) — application for a declaration that:

— by failing to establish one or more action programmes
having the features, and meeting the conditions,
laid
down in Article 5 of Council Directive 91/676/EEC of
12 December 1991 concerning the protection of waters
against pollution caused by nitrates from agricultural
sources (OJ 1991 L 375, p. 1),

— by failing to carry out fully and correctly the monitoring

operations prescribed by Article 6 of that directive; and

— by failing to draw up and submit a full report of the kind

required by Article 10 of that directive,

the Italian Republic has failed to fulfil its obligations under
Community law — the Court (Sixth Chamber), composed of:
N. Colneric, President of the Second Chamber, acting for the
President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet,
V. Skouris and J.N. Cunha Rodrigues (Rapporteur), Judges;
L.A. Geelhoed, Advocate General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 8 November 2001,
in which it:

1. Declares that, by having failed:

— to establish action programmes within the meaning of
Article 5 of Council Directive 91/676/EEC of 12 Decem-
ber 1991 concerning the protection of waters against
pollution caused by nitrates from agricultural sources,

— to carry out the monitoring operations prescribed by

Article 6 of the said directive, and

— to submit to the Commission a report of the kind required

by Article 10 of the directive,

the Italian Republic failed to fulfil its obligations under those
provisions of Directive 91/676.

(2002/C 3/07)

(Language of the case: Italian)

2. Orders the Italian Republic to pay the costs.

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

(1) OJ C 204 of 17.7.1999.

In Case C-127/99: Commission of the European Communities