Judgment of the Court (Fifth Chamber) 14 March 2002 in Case C-132/99: Kingdom of the Netherlands v Commission of the European Communities (EAGGF — Clearance of accounts — 1995 financial year — Aid to hemp production)
Date: 2002-05-18
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, European Commission, Netherlands, action for annulment (EU), hemp, production aid

18.5.2002

EN

Official Journal of the European Communities

C 118/3

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 20 of 23.1.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

21 March 2002

in Case C-130/99: Kingdom of Spain v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — Financial years
1995 and 1996)

(2002/C 118/04)

(Language of the case: Spanish)

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

In Case C-130/99, Kingdom of Spain (Agent: M. Lo´ pez-Monı´s
Gallego) v Commission of the European Communities (Agent:
J. Guerra Ferna´ndez): Application for partial annulment of
Commission Decision 1999/186/EC of 3 February 1999
excluding from Community financing certain expenditure
incurred by the Member States under the Guarantee Section of
the European Agricultural Guidance and Guarantee Fund
(EAGGF) (OJ 1999 L 61, p. 34) and Commission Decision
1999/187/EC of 3 February 1999 on the clearance of the
accounts presented by the Member States in respect of the
expenditure for 1995 of the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 1999
L 61, p. 37), in so far as it concerns the Kingdom of Spain, 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; F.G. Jacobs, Advocate
General; R. Grass, Registrar, has given a judgment on 21 March
2002, in which it:

1. Annuls Commission Decision 1999/186/EC of 3 February
1999 excluding from Community financing certain expenditure
incurred by the Member States under the Guarantee Section of
the European Agricultural Guidance and Guarantee Fund
(EAGGF) in so far as it excludes from Community financing
the expenditure incurred by the Kingdom of Spain before
12 March 1996 in respect of production aid for olive oil;

2. Annuls Commission Decision 1999/187/EC of 3 February
1999 on the clearance of the accounts presented by the Member
States in respect of the expenditure for 1995 of the Guarantee
Section of the European Agricultural Guidance and Guarantee
Fund in so far as it excludes from Community financing
ESP 1 355 544 657, representing the interest payable in the
context of the additional levy on milk and milk-related products;

3. Dismisses the remainder of the application;

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

(1) OJ C 204 of 17.7.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

14 March 2002

in Case C-132/99: Kingdom of the Netherlands v Com-
mission of the European Communities (1)

(EAGGF — Clearance of accounts — 1995 financial year
— Aid to hemp production)

(2002/C 118/05)

(Language of the case: Dutch)

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

In Case C-132/99, Kingdom of the Netherlands (Agents: M. A.
Fierstra and J. van Bakel), supported by Kingdom of Spain
(Agent: M. Lo´ pez-Monı´s Gallego) v Commission of the Euro-
pean Communities (Agents: T. van Rijn and C. van der
Hauwaert): Application for partial annulment of Commission
Decision 1999/187/EC of 3 February 1999 on the clearance
of the accounts presented by the Member States in respect of
the expenditure for 1995 of the Guarantee Section of the
European Agricultural Guidance and Guarantee Fund (OJ 1999
L 61, p. 37), in so far as it requires a correction of 50 % of the
expenditure declared by the Kingdom of the Netherlands in
respect of hemp production aid, namely a correction of
NLG 117 277, the Court (Fifth Chamber), composed of: P. Jann
(Rapporteur), President of
the Chamber, D.A.O. Edward,
A. La Pergola, M. Wathelet and C.W.A. Timmermans, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
has given a judgment on 14 March 2002, in which it:

C 118/4

EN

Official Journal of the European Communities

18.5.2002

1. Dismisses the application;

2. Orders the Kingdom of the Netherlands to pay the costs;

3. Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 226 of 7.8.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

21 March 2002

in Case C-298/99: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 85/384/EEC — Mutual recognition of formal
qualifications in architecture — Access to the profession of
architect — Article 59 of the EC Treaty (now, afteramend-
ment, Article 49 EC))

(2002/C 118/06)

(Language of the case: Italian)

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

(1) by failing to adopt all

the measures necessary to
implement Articles 4(1), second subparagraph, 4(2), 7,
11 and 14 of Council Directive 85/384/EEC of 10 June
1985 on the mutual recognition of diplomas, certificates
and other evidence of formal qualifications in architec-
ture, including measures to facilitate the effective exercise
of the right of establishment and freedom to provide
services (OJ 1985 L 223, p. 15), as amended by Council
Directive 86/17/EEC of 27 January 1986 amending, on
account of the accession of Portugal, Directive 85/384
(OJ 1986 L 27, p. 71, and — corrigendum — L 87,
p. 36);

(2) by adopting

— Article 4(2)(a) of Legislative Decree No 129 of the
President of
the Republic of 27 January 1992
(GURI No 41 of 19 February 1992, p. 18) and
Article 4(1)(a) of Decree No 776 of the Minister
for Universities and Scientific and Technological
Research of 10 June 1994 (GURI No 234 of
6 October 1995, p. 3), which impose a general
obligation to produce the original diploma or a
certified copy thereof,

— Article 4(2)(c) of Decree No 129/92 and
Article 4(1)(c) of Decree No 776/94, which impose
a general obligation to produce a certificate of
nationality,

— Article 4(3) of Decree No 129/92 and Article 10 of
Decree No 776/94, which require as a matter of
course an official translation of documents,

— Article 11(1)(c) and (d) of Decree No 129/92, which
extends the validity of certificates beyond 5 August
1987;

(3) by prohibiting architects providing services in Italy from
having an infrastructure in Italy (Article 9(1) of Decree
No 129/92);

(4) by requiring architects providing services to register with
the local provincial council of the professional body for
architects
(Article 9(3) of Decree No 129/92 and
Articles 7 and 8 of Decree No 776/94) in a manner
contrary to Article 22 of Directive 85/384, and

(5) by applying Article 4(6) to 4(8) of Decree No 129/92 in
a manner contrary to Article 20(1) of Directive 85/384,
the Italian Republic has failed to fulfil
its obligations
under Articles 12, 20, 22, 27 and 31 of Directive 85/384
and, in respect of point 3 above, under Article 59 of the
EC Treaty (now, after amendment, Article 49 EC),

In Case C-298/99, Commission of the European Communities
(Agents: E. Traversa and E. Montaguti) v Italian Republic
(Agent: U. Leanza, assisted by G. Aiello): Application for a
declaration that:

the Court (Fifth Chamber), composed of: P. Jann, President of
the Chamber, S. von Bahr, D.A.O. Edward (Rapporteur), A. La
Pergola and C.W.A. Timmermans, Judges; S. Alber, Advocate
General; L. Hewlett, Administrator, for the Registrar, has given
a judgment on 21 March 2002, in which it: