Judgment of the Court (Sixth Chamber) of 13 December 2001 in Case C-79/00 (Reference for a preliminary ruling from the Tribunal Supremo): Telefónica de España SA v Administración General del Estado (Directive 97/33/EC — Telecommunications — Interconnection of networks — Obligations imposed on network providers)
Date: 2002-02-16
Institutions: Court of Justice
Subjects: Spain, interpretation of the law, market access, systems interconnection, telecommunications

16.2.2002

EN

Official Journal of the European Communities

C 44/3

and then R. Loosli-Surrans and G. de Bergues) — application
for a declaration that, by refusing to adopt the measures
necessary in order to comply with:

— Council Decision 98/256/EC of 16 March 1998 concern-
ing emergency measures to protect against bovine spongi-
form encephalopathy, amending Decision 94/474/EC
and repealing Decision 96/239/EC (OJ 1998 L 113,
p. 32), in the version resulting from Commission Decision
98/692/EC of 25 November 1998 (OJ 1998 L 328,
p. 28), in particular with Article 6 and Annex III, and

— Commission Decision 1999/514/EC of 23 July 1999
setting the date on which dispatch from the United
Kingdom of bovine products under the date-based export
scheme may commence by virtue of Article 6(5) of
Decision 98/256 (OJ 1999 L 195, p. 42), in particular
with Article 1,

in particular, by refusing to permit the marketing in its
territory of products eligible under that scheme, which are
covered by Article 6 of, and Annex III to, Decision 98/256 as
amended by Decision 98/692, after 1 August 1999, the French
Republic has failed to fulfil its obligations under those two
decisions, in particular their provisions referred to above, and
the EC Treaty, in particular Articles 28 EC and 10 EC — the
Court, composed of: G.C. Rodrı´guez Iglesias, President, P. Jann,
F. Macken, N. Colneric, S. von Bahr (Presidents of Chambers),
C. Gulmann, D.A.O. Edward, A. La Pergola, J.-P. Puissochet,
L. Sevo´ n (Rapporteur), M. Wathelet, R. Schintgen and V. Skou-
ris, Judges; J. Mischo, Advocate General; L. Hewlett, Adminis-
trator, for the Registrar, has given a judgment on 13 December
2001, in which it:

in particular, by refusing to permit the marketing in its territory
after 30 December 1999 of products subject to that scheme
which are correctly marked or labelled, the French Republic has
failed to fulfil its obligations under those two decisions, in
particular their provisions referred to above;

2. Dismisses the remainder of the application;

3. Orders the French Republic to bear two thirds of the costs and
the Commission of the European Communities to bear the other
third;

4. Orders the United Kingdom of Great Britain and Northern

Ireland to bear its own costs.

(1) OJ C 63 of 4.3.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 13 December 2001

in Case C-79/00 (Reference for a preliminary ruling
from the Tribunal Supremo): Telefo´ nica de Espan˜ a SA v
Administracio´ n General del Estado (1)

(Directive 97/33/EC — Telecommunications — Intercon-
nection of networks — Obligations imposed on network
providers)

(2002/C 44/05)

(Language of the case: Spanish)

1. Declares that, by refusing to adopt the measures necessary in

order to comply with:

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

— Council Decision 98/256/EC of 16 March 1998 con-
cerning emergency measures to protect against bovine
spongiform encephalopathy,
amending Decision
94/474/EC and repealing Decision 96/239/EC, in the
version resulting from Commission Decision 98/692/EC
of 25 November 1998, in particular with Article 6 and
Annex III, and

— Commission Decision 1999/514/EC of 23 July 1999
setting the date on which dispatch from the United
Kingdom of bovine products under the date-based export
scheme may commence by virtue of Article 6(5) of
Decision 98/256, in particular with Article 1,

In Case C-79/00: reference to the Court under Article 234 EC
by the Tribunal Supremo (Spain) for a preliminary ruling in
the proceedings pending before that court between Telefo´ nica
de Espan˜ a SA and Administracio´ n General del Estado, third
party: Retevisio´ n SA, on the interpretation of Articles 4(2) and
9(2) of Directive 97/33/EC of the European Parliament and
of
the Council of 30 June 1997 on interconnection in
Telecommunications with regard to ensuring universal service
and interoperability through application of the principles of
Open Network Provision (ONP) (OJ 1997 L 199, p. 32), the
Court (Sixth Chamber), composed of: F. Macken (Rapporteur),
President of the Chamber, C. Gulmann, R. Schintgen, V. Skou-
ris and J.N. Cunha Rodrigues,
Judges, Advocate General:
F.G. Jacobs, Registrar: H.A. Rühl, Principal Administrator, has
given a judgement on 13 December 2001, in which it has
ruled:

C 44/4

EN

Official Journal of the European Communities

16.2.2002

Articles 4(2) and 9(2) of Directive 97/33/EC of the European
Parliament and of the Council of 30 June 1997 on interconnection
in Telecommunications with regard to ensuring universal service and
interoperability through application of
the principles of Open
Network Provision (ONP) must be interpreted as not precluding the
Member States from authorising national regulatory authorities to
impose on an operator having significant power on the market the ex
ante obligation to provide access to the local subscriber loop and to
offer interconnection at local and higher-level switching centres.

1. Annuls Council Regulation (EC) No 2772/1999 of
21 December 1999 providing for the general rules for a
compulsory beef labelling system;

2. Orders that the effects of those provisions of the contested
regulation pursuant to which the Member States may have
adopted decisions which could be affected by the annulment are
to be regarded as definitive;

(1) OJ C 135 of 13.5.2000.

JUDGMENT OF THE COURT

of 13 December 2001

in Case C-93/00: European Parliament v Council of the
European Union (1)

(Regulation (EC) No 2772/1999 — Beef labelling system —
Competence of the Council)

(2002/C 44/06)

(Language of the case: French)

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

In Case C-93/00: European Parliament (Agents: C. Pennera and
E. Waldherr) v Council of
the European Union (Agents:
G. Maganza and J. Monteiro), supported by Kingdom of Spain
(Agent: R. Silva de Lapuerta) and by Commission of the
European Communities (Agent: G. Berscheid) — application
for annulment of Council Regulation (EC) No 2772/1999 of
21 December 1999 providing for the general rules for a
compulsory beef labelling system (OJ 1999 L 334, p. 1) — the
Court, composed of: G.C. Rodrı´guez Iglesias, President, P. Jann,
F. Macken, N. Colneric and S. von Bahr (Presidents of
Chambers), A. La Pergola, J.-P. Puissochet, L. Sevo´ n (Rapporte-
ur), M. Wathelet, V. Skouris and J.N. Cunha Rodrigues, Judges;
C. Stix-Hackl, Advocate General; L. Hewlett, Administrator, for
the Registrar, has given a judgement on 13 December 2001,
in which it:

3. Orders the Council of the European Union to pay the costs;

4. Orders the Kingdom of Spain and the Commission of the

European Communities to bear their own costs.

(1) OJ C 135 of 13.5.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 13 December 2001

in Case C-131/00 (Reference for a preliminary ruling from
the Länsrätten i Norrbottens län): Ingemar Nilsson v
Länsstyrelsen i Norrbottens län (1)

agricultural

policy — Regulation

(EEC)
(Common
No 3508/92 — Regulation (EEC) No 3887/92 — Integrated
administration and control system for certain Community
aid schemes — Detailed rules for application — Register of
animals not kept up to date by farmer — Penalties)

(2002/C 44/07)

(Language of the case: Swedish)

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

In Case C-131/00: Reference to the Court under Article 234
for a
EC by the Länsrätten i Norrbottens län (Sweden)
preliminary ruling in the proceedings pending before that court
between Ingemar Nilsson and Länsstyrelsen i Norrbottens
län on the interpretation of Article 5 of Regulation (EEC)
No 3508/92 of 27 November 1992 establishing an integrated
administration and control system for certain Community aid
schemes (OJ 1992 L 355, p. 1), the Court (Fifth Chamber),