Judgment of the Court of 18 June 2002 in Case C-242/00: Federal Republic of Germany v Commission of the European Communities (State aid — Proposed aid — Commission decision holding aid to be compatible with the common market — Measure not having an adverse effect — Regional aid — Definition of eligible regions)
Date: 2002-08-10
Institutions: Court of Justice
Subjects: European Commission, Germany, action for annulment (EU), less-favoured region, regional aid

10.8.2002

EN

Official Journal of the European Communities

C 191/5

2. Directive 89/665, as amended by Directive 92/50, precludes
national legislation from limiting review of the legality of the
withdrawal of an invitation to tender to mere examination of
whether it was arbitrary.

3. Determination of the time to be taken into consideration for
assessing the legality of the decision by the contracting authority
to withdraw an invitation to tender is a matter for national
law, provided that the relevant national rules are not less
favourable than those governing similar domestic actions and
that they do not make it practically impossible or excessively
difficult to exercise rights conferred by Community law.

(1) OJ C 149 of 27.5.2000.

JUDGMENT OF THE COURT

of 18 June 2002

in Case C-242/00: Federal Republic of Germany v Com-
mission of the European Communities (1)

(State aid — Proposed aid — Commission decision holding
aid to be compatible with the common market — Measure
not having an adverse effect — Regional aid — Definition
of eligible regions)

(2002/C 191/07)

(Language of the case: German)

1. Dismisses the action;

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

(1) OJ C 247 of 26.8.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 27 June 2002

in Case C-258/00: Commission of the European Communi-
ties v French Republic (1)

(Failure to fulfil obligations — Directive 91/676/EEC —
Protection of waters against pollution caused by nitrates
from agricultural sources — Identification of waters affected
by pollution — Designation of vulnerable zones)

(2002/C 191/08)

(Language of the case: French)

(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-242/00, Federal Republic of Germany (Agent:
W.-D. Plessing, assisted by R. M. Bierwagen) v Commission of
the European Communities (Agents: K.-D. Borchardt and
J. Macdonald Flett): Application for the annulment of Com-
mission Decision 2001/272/EC of 14 March 2000 on the
redefinition of assisted areas under the joint Federal Govern-
ment/Länder scheme for improving regional economic struc-
tures in Germany for the period 1 January 2000 to 31 Decem-
ber 2003 — West Germany and Berlin (OJ 2001 L 97, p. 27),
the Court, composed of: G.C. Rodrı´guez Iglesias, President,
P. Jann, F. Macken and N. Colneric (Presidents of Chambers),
C. Gulmann, D.A.O. Edward, J.-P. Puissochet (Rapporteur),
M. Wathelet, R. Schintgen, V. Skouris and C.W.A. Timmer-
mans, Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
18 June 2002, in which it has ruled:

In Case C-258/00, Commission of the European Communities
(Agent: M. Nolin) v French Republic (Agent: J.-F. Dobelle and
D. Colas, and, subsequently, G. de Bergues and D. Colas),
supported by Kingdom of Spain (Agent: S. Ortiz Vaamonde):
Application for a declaration that, by failing to take the
appropriate steps to identify waters affected by pollution
and, consequently, to designate the corresponding vulnerable
zones, in accordance with Article 3 of and Annex I 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 French Republic
has failed to fulfil
its obligations under that directive, the
Court (Sixth Chamber), composed of: F. Macken (Rapporteur),
President of
the Chamber, N. Colneric, C. Gulmann,
R. Schintgen and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed,
Advocate General; L. Hewlett, Administrator, for the Registrar,
has given a judgment on 27 June 2002, in which it: