Judgment of the Court (Sixth Chamber) 21 March 2002 in Case C-36/00: Kingdom of Spain v Commission of the European Communities (State aid — Regulation (EC) No 1013/97 — Aid to publicly-owned shipyards — Declaration of compatibility of aid to the publicly-owned shipyards in Spain — Failure to comply with conditions — Recovery)
Date: 2002-05-18
Institutions: Court of Justice
Subjects: European Commission, Spain, State aid, action for annulment (EU), competition policy, shipbuilding

C 118/10

EN

Official Journal of the European Communities

18.5.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

21 March 2002

(Sixth Chamber)

14 March 2002

in Case C-161/00: Commission of the European Communi-
ties v Federal Republic of Germany(1)

in Case C-36/00: Kingdom of Spain v Commission of the
European Communities (1)

(Failure by a Member State to fulfil its obligations —
Directive 91/676/EEC — Pollution — Protection of waters
— Nitrates)

(State aid — Regulation (EC) No 1013/97 — Aid to
publicly-owned shipyards — Declaration of compatibility of
aid to the publicly-owned shipyards in Spain — Failure to
comply with conditions — Recovery)

(2002/C 118/14)

(Language of the case: German)

(2002/C 118/13)

(Language of the case: Spanish)

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

In Case C-36/00, Kingdom of Spain (Agent: S. Ortiz Vaamon-
de) v Commission of the European Communities (Agents:
J. Guerra Ferna´ndez and K.-D. Borchardt): Application for
annulment of Commission Decision 2000/131/EC of 26 Octo-
ber 1999 on the State aid implemented by Spain in favour of
the publicly-owned shipyards (OJ 2000 L 37, p. 22), 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; L.A. Geelhoed, Advocate
General; D. Louterman-Hubeau, Head of Division, for the
Registrar, has given a judgment on 21 March 2002, in which
it:

1. Dismisses the application;

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

In Case C-161/00, Commission of the European Communities
(Agent: G. zur Hausen) v Federal Republic of Germany
(Agents: W.-D. Plessing and B. Muttelsee-Schön), supported by
Kingdom of Spain (Agent: S. Ortiz Vaamonde), and by
Kingdom of the Netherlands (Agents: V. Koningsberger and
H. van den Oosterkamp): Application for a declaration that,
by failing to adopt all the measures necessary in order to
comply with the obligations laid down in Article 5(4)(a) and
point 2 of Annex III to 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), the Federal Republic of Germany has
failed to fulfil its obligations under that directive, the Court
(Sixth Chamber), composed of: F. Macken (Rapporteur), Presi-
dent of the Chamber, N. Colneric, C. Gulmann, R. Schintgen
and V. Skouris, Judges; L.A. Geelhoed, Advocate General;
R. Grass, Registrar, has given a judgment on 14 March 2002,
in which it:

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary in order to comply with the
obligations laid down in Article 5(4)(a) and point 2 of
Annex III to Council Directive 91/676/EEC of 12 December
1991 concerning the protection of waters against pollution
caused by nitrates
the Federal
from agricultural
Republic of Germany has failed to fulfil its obligations under
that Directive;

sources,

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

2. Orders the Federal Republic of Germany to pay the costs;

(1) OJ C 147 of 27.5.2000.

3. Orders the Kingdom of Spain and the Kingdom of

the

Netherlands to bear their own costs.

(1) OJ C 192 of 8.7.2000.