Judgment of the Court (Fourth Chamber) 7 May 2002 in Case C-364/00: Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Directive 97/70/EC — Failure to implement within the prescribed period)
Date: 2002-06-15
Institutions: Court of Justice
Subjects: Netherlands, action for failure to fulfil an obligation, fishing vessel, harmonisation of standards, maritime safety, technical standard

C 144/8

EN

Official Journal of the European Communities

15.6.2002

which the insured person received a disability pension under a
national accident insurance scheme, without providing for the
possibility of a prolongation of that period where a benefit of
such a kind was paid under the legislation of another Member
State.

4. Article 9a of Regulation No 1408/71, as amended and
updated by Regulation No 118/97, a provision which is
incompatible with Articles 48(2) and 51 of the EC Treaty in
so far as it excludes the possibility of taking into account, for
the purposes of the prolongation of the reference period under
the legislation of a Member State, the periods during which
industrial accident benefits were paid under the legislation of
another Member State, is invalid.

(1) OJ C 285 of 7.10.2000.

concentrated butter intended for the manufacture of pastry
products, ice-cream and other foodstuffs and, second, partial
annulment of Commission Decision 2000/449/EC of 5 July
2000 excluding from Community financing certain expendi-
ture incurred by the Member States under the Guarantee
Section of the European Agricultural Guidance and Guarantee
Fund (EAGGF) (OJ 2000 L 180, p. 49) in so far as it excludes
from Community financing expenditure in the amount of
EUR 160 225 645 and EUR 3 188 322 respectively incurred
by the Kingdom of Belgium in the context of aid for the sale at
a reduced price of butter and the grant of aid for concentrated
butter intended for the manufacture of pastry products, ice-
(Sixth Chamber),
cream and other foodstuffs,
composed of: F. Macken, President of the Chamber, C. Gul-
mann, J.-P. Puissochet, R. Schintgen and J. N. Cunha Rodrigues
(Rapporteur), Judges; C. Stix-Hackl, Advocate General; L. Hew-
lett, Administrator, for the Registrar, has given a judgment on
18 April 2002, in which it:

the Court

1. Dismisses the application;

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

JUDGMENT OF THE COURT

(1) OJ C 355 of 9.12.2000.

(Sixth Chamber)

18 April 2002

in Case C-332/00: Kingdom of Belgium v Commission of
the European Communities (1)

JUDGMENT OF THE COURT

(Action for annulment — Clearance of EAGGF accounts —
Non-recognition of expenditure — Financial years 1995 to
1997)

(Fourth Chamber)

7 May 2002

(2002/C 144/11)

(Language of the case: French)

in Case C-364/00: Commission of the European Communi-
ties v Kingdom of the Netherlands (1)

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

(Failure by a Member State to fulfil its obligations —
Directive 97/70/EC — Failure to implement within the
prescribed period)

In Case C-332/00, Kingdom of Belgium (Agent: A. Snoecx) v
Commission of the European Communities (Agents: A. Bordes
and M. Niejahr): Application for, first, annulment of Com-
mission Decision 2000/448/EC of 5 July 2000 amending
Decision 1999/187/EC 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 2000 L 180,
p. 46) in so far as it excludes from Community financing
expenditure in the amount of BEF 50 763 827 incurred by the
Kingdom of Belgium in the context of aid for the sale at a
reduced price of butter and the grant of aid for butter and

(2002/C 144/12)

(Language of the case: Dutch)

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

In Case C-364/00, Commission of the European Communities
(Agent: T. van Rijn) v Kingdom of the Netherlands (Agent:
J. van Bakel): Application for a declaration that, by failing to

15.6.2002

EN

Official Journal of the European Communities

C 144/9

adopt, within the prescribed period, the laws, regulations and
administrative measures necessary to implement the provisions
of Council Directive 97/70/EC of 11 December 1997 setting
up a harmonised safety regime for fishing vessels of 24 metres
in length and over (OJ 1998 L 34, p. 1), the Kingdom of the
Netherlands has failed to fulfil its obligations under the EC
Treaty, the Court (Fourth Chamber), composed of: S. von Bahr
(Rapporteur), President of the Chamber, D. A. O. Edward and
A. La Pergola, Judges; S. Alber, Advocate General; R. Grass,
Registrar, has given a judgment on 7 May 2002, in which it:

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative measures necessary to
comply with Council Directive 97/70/EC of 11 December
1997 setting up a harmonised safety regime for fishing vessels
the
of 24 metres in length and over,
the Kingdom of
Netherlands has failed to fulfil
its obligations under that
directive.

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

(1) OJ C 355 of 9.12.2000.

declaration that, by not ensuring that by 31 December 1998
at the latest the discharges of urban waste water of the city of
Milan, located within a catchment area draining into areas of
the delta of the River Po and the north-west coast of the
Adriatic Sea defined by Decree-Law No 152 of the Italian
Republic of 11 May 1999, enacting provisions on the preven-
tion of water pollution and implementing Directive 91/271/
EEC concerning urban waste-water treatment and Directive
91/676/EEC of 12 December 1991 concerning the protection
of waters against pollution caused by nitrates from agricultural
sources (GURI of 29 May 1999, ord. suppl) as sensitive, within
the meaning of Article 5 of Council Directive 91/271/EEC of
21 May 1991 concerning urban waste-water treatment (OJ
1991 L 135, p. 40), were subjected to more stringent
treatment than secondary treatment or an equivalent treatment
prescribed by Article 4 of that directive, the Italian Republic
has failed to fulfil its obligations under Article 5(2) of the
aforementioned directive, as specified in Article 5(5), the
Court (Sixth Chamber), composed of: F. Macken (Rapporteur),
President of
the Chamber, N. Colneric, C. Gulmann,
R. Schintgen and V. Skouris, Judges; F. G. Jacobs, Advocate
General; R. Grass, Registrar, has given a judgment on 25 April
2002, in which it:

1. Declares that, by not ensuring that, by 31 December 1998 at
the latest, the discharges of urban waste water of the city of
Milan, within a relevant catchment area draining into the areas
of the delta of the River Po and the north-west coast of the
Adriatic Sea defined by Decree-Law No 152 of the Italian
Republic of 11 May 1999, enacting provisions on the
prevention of water pollution and implementing Directive
91/271/EEC concerning urban waste-water treatment and
Directive 91/676/EEC of 12 December 1991 concerning the
protection of waters against pollution caused by nitrates from
agricultural sources as sensitive, within the meaning of Article 5
of Council Directive 91/271/EEC of 21 May 1991 concerning
urban waste-water treatment, were subjected to more stringent
treatment than secondary treatment or an equivalent treatment
prescribed by Article 4 of that directive, the Italian Republic
has failed to fulfil its obligations under Article 5(2) of that
same directive;

2. Orders the Italian Republic to pay the costs.

JUDGMENT OF THE COURT

(Sixth Chamber)

25 April 2002

in Case C-396/00: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 91/271/EEC — Urban waste-water treatment —
Urban waste-water of the city of Milan — Discharge in a
sensitive area — Relevant catchment area)

(2002/C 144/13)

(Language of the case: Italian)

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

(1) OJ C 28 of 27.1.2001.

In Case C-396/00, Commission of the European Communities
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agent: U. Leanza, assisted by M. Fiorilli); Application for a