Judgment of the Court (Sixth Chamber) of 13 June 2002 In Joined Cases C-430/99 and C-431/99 (Reference for a preliminary ruling from the Raad van State): Inspecteur van de Belastingdienst Douane, Rotterdam district v Sea-Land Service Inc. (C-430/99), Nedlloyd Lĳnen BV (C-431/99) (Maritime transport — Freedom to provide services — Vessel traffic services system)
Date: 2002-07-27
Institutions: Court of Justice
Subjects: carrier, freedom to provide services, inland waterway shipping, interpretation of the law, maritime shipping, tax system

27.7.2002

EN

Official Journal of the European Communities

C 180/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Fifth Chamber)

of 13 June 2002

in Case C-382/99: Kingdom of the Netherlands v Com-
mission of the European Communities (1)

(State aid — Commission notice on the de minimis rule for
State aid — Service stations — Excise duties — Likelihood
of overlapping aid — Legitimate expectations — Principle
of legal certainty — Obligation to state reasons)

(2002/C 180/01)

(Language of the case: Dutch)

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

In Case C-382/99: Kingdom of the Netherlands (Agents:
M. Fierstra) v Commission of the European Communities
(Agent: G. Rozet and H. M. H. Speyart, assisted by J. C. M. van
der Beek, and L. Hancher) — application for partial annulment
of Commission’s decision 1999/705/EC of 20 July 1999
concerning State aid granted by the Netherlands with regard
to 633 Netherlands petrol stations in the region bordering
Germany (OJ 1999 L 280, p. 87), in so far as it finds that the
subsidies granted to certain categories of service station
are incompatible with the common market and with the
functioning of the Agreement on the European Economic Area
of 2 May 1992 (OJ 1994 L 1, p. 3) and orders recovery of the
aid already granted — the Court (Fifth Chamber), composed

of: S. von Bahr, President of the Fourth Chamber, acting as
President of the Fifth Chamber, D.A.O. Edward and M. Wathe-
let, Judges; P. Léger, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, gave a judgment on 13 June
2002, in which it:

1.

2.

dismisses the application;

orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 47 of 19.2.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 13 June 2002

In Joined Cases C-430/99 and C-431/99 (Reference for a
preliminary ruling from the Raad van State): Inspecteur
van de Belastingdienst Douane, Rotterdam district v Sea-
Land Service Inc. (C-430/99), Nedlloyd Lijnen BV (C-431/
99) (1)

(Maritime transport — Freedom to provide services — Vessel
traffic services system)

(2002/C 180/02)

(Language of the case: Dutch)

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

In Joined Cases C-430/99 and C-431/99: Reference to the
Court under Article 234 EC by the Raad van State, Netherlands,

C 180/2

EN

Official Journal of the European Communities

27.7.2002

for a preliminary ruling in the proceedings pending before that
court between Inspecteur van de Belastingdienst Douane,
(C-430/99),
Rotterdam district and Sea-Land Service Inc.
Nedlloyd Lijnen BV (C-431/99), on the interpretation of
Articles 92, 59 and 56 of the EC Treaty (now, after amendment,
Articles 87 EC, 49 EC and 46 EC) and Council Regulation
(EEC) No 4055/86 of 22 December 1986 applying the
principle of freedom to provide services to maritime transport
between Member States and between Member States and third
countries (OJ 1986 L 378, p. 1), the Court (Sixth Chamber),
composed of: F. Macken, President of the Chamber, C. Gul-
mann (Rapporteur),
J.-P. Puissochet, R. Schintgen and
J.N. Cunha Rodrigues, Judges; S. Alber, Advocate General;
L. Hewlett, Administrator,
for the Registrar, has given a
judgment on 13 June 2002, in which it has ruled:

As regards situations falling within the scope of Council Regulation
(EEC) No 4055/86 of 22 December 1986 applying the principle of
freedom to provide services to maritime transport between Member
States and between Member States and third countries,
that
regulation, in conjunction with Articles 56 and 59 of the EC Treaty
(now, after amendment, Articles 46 EC and 49 EC), does not preclude
a vessel traffic services system, such as the ‘verkeersbegeleidingssysteem’
system at issue in the main proceedings, which requires the payment
of a tariff by sea-going vessels longer than 41 metres which
participate in that system on a mandatory basis, while other vessels,
such as inland waterway vessels, are exempt from that tariff, in so far
as there is in fact a correlation between the amount of that tariff and
the cost of the service from which those sea-going vessels benefit.

Abad): Application for a declaration that, by failing to adopt
the measures necessary to transpose correctly the obligation
arising from Articles 2(1) and 4(2) of Council Directive 85/
337/EEC of 27 June 1985 on the assessment of the effects of
certain public and private projects on the environment
(OJ 1985 L 175, p. 40), in conjunction with Annex II thereto,
and by maintaining in force legislation which, in breach of
the
those provisions, does not enable an assessment of
environmental effects to be carried out in the whole of the
national territory in respect of certain classes of project listed
in Annex II to that directive and, in a considerable part of that
territory, in respect of many other classes of project listed in
the same annex, the Kingdom of Spain has failed to fulfil its
obligations under that directive, the Court (Sixth Chamber),
composed of: F. Macken, President of
the Chamber,
J.-P. Puissochet (Rapporteur) and V. Skouris, Judges; L.A. Geel-
hoed, Advocate General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 13 June 2002, in which it:

1. Declares that, by failing to adopt within the prescribed period
all the laws, regulations and administrative measures necessary
to comply with Articles 2(1) and 4(2) of Council Directive 85/
337/EEC of 27 June 1985 on the assessment of the effects of
certain public and private projects on the environment,
in
conjunction with Annex II thereto, the Kingdom of Spain has
failed to fulfil its obligations under that directive;

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

(1) OJ C 20 of 22.1.2000.

(1) OJ C 47 of 19.2.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 13 June 2002

JUDGMENT OF THE COURT

(Fifth Chamber)

of 6 June 2002

in Case C-474/99: Commission of the European Communi-
ties v Kingdom of Spain (1)

in Case C-80/00 (Reference for a preliminary ruling from
the Bundesgerichtshof): Italian Leather SpA v WECO
Polstermöbel GmbH & Co. (1)

(Failure by a Member State to fulfil its obligations —
Directive 85/337/EEC — Assessment of the effects of certain
public and private projects on the environment — Incomplete
transposition)

(Brussels Convention — Article 27(3) — Irreconcilability —
Enforcement procedures in the State where enforcement is
sought)

(2002/C 180/03)

(Language of the case: Spanish)

(2002/C 180/04)

(Language of the case: German)

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

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

In Case C-474/99, Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent: N. Dı´az

In Case C-80/00: Reference to the Court, under the Protocol
of 3 June 1971 on the interpretation by the Court of Justice of