Judgment of the Court (Third Chamber) of 13 November 2001 in Case C-427/00: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Quality of bathing water — Inadequate compliance with Directive 76/160/EEC)
Date: 2002-01-05
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, bathing water, quality standard

5.1.2002

EN

Official Journal of the European Communities

C 3/11

— that the authorised retailers and wholesalers have not
imposed on their own purchasers contractual reservations
setting out such opposition, even though they have been
informed of it by the trade mark proprietor.

(1) OJ C 6 of 8.1.2000; OJ C 79 of 18.3.2000.

JUDGMENT OF THE COURT

(Third Chamber)

of 13 November 2001

JUDGMENT OF THE COURT

(Sixth Chamber)

of 27 September 2001

in Case C-442/99 P: Cordis Obst und Gemüse Grosshandel
GmbH (1)

(Appeal — Common organisation of the market — Bananas
— Imports from ACP States and third countries — Request
for import licences — Transitional measures — Regulation
(EEC) No 404/93 — Principle of equal treatment)

(2002/C 3/14)

(Language of the case: German)

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

In Case C-442/99 P: Cordis Obst und Gemüse Grosshandel
GmbH, established in Ostrau (Germany),
(Rechtsanwalt:
G. Meier) — appeal against the judgment of the Court of First
Instance of the European Communities (Fifth Chamber) in
Case T-612/97 Cordis v Commission [1999] ECR II-2771,
seeking to have that judgment set aside, the other parties
to the proceedings being: Commission of
the European
Communities (Agent: K.-D. Borchardt) and French Republic
(Agents: K. Rispal-Bellanger and C. Vasak) — the Court
(Sixth Chamber), composed of: C. Gulmann, President of the
Chamber,
J.-P. Puissochet, R. Schintgen, N. Colneric and
J.N. Cunha Rodrigues (Rapporteur), Judges; J. Mischo, Advocate
General; H. von Holstein, Deputy Registrar, for the Registrar,
has given a judgment on 27 September 2001, in which it:

1. Dismisses the appeal;

2. Orders Cordis Obst und Gemüse Grosshiandel to pay the costs;

in Case C-427/00: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

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

(2002/C 3/15)

(Language of the case: English)

In Case C-427/00: Commission of the European Communities
(Agent: R.B. Wainwright) v United Kingdom of Great Britain
and Northern Ireland (Agent: G. Amodeo, assisted by D. Wyatt)
— application for a declaration that by failing to ensure that
bathing water in the United Kingdom complies with the limit
values set in accordance with Article 3 of Council Directive
76/160/EEC of 8 December 1975 concerning the quality of
bathing water (OJ 1976 L 31, p. 1), the United Kingdom has
failed to fulfil its obligations under that Directive — the Court
(Third Chamber), composed of. C. Gulmann, acting for the
President of the Chamber, J.-P. Puissochet and J.N. Cunha
Rodrigues (Rapporteur),
Judges; D. Ruiz-Jarabo Colomer,
Advocate General; R. Grass, Registrar, has given a judgment
on 13 November 2001, in which it:

1. Declares that, since it has not ensured that bathing water
complied with the limit values set in accordance with Article 3
of Council Directive 761160/EEC of 8 December 1975,
concerning the quality of bathing water, the United Kingdom
of Great Britain and Northern Ireland has failed to fulfil its
obligations under that Directive.

2. Orders the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

3. Orders the French Republic to bear its own costs.

(1) OJ C 28 of 27.1.2001.

(1) OJ C 47 of 19.2.2000.