Judgment of the Court (Sixth Chamber) of 27 June 2002 in Case C-274/00 P: Odette Simon v Commission of the European Communities (Appeal — Officials — Person claiming the status of a member of the temporary staff — Application brought out of time — Inadmissibility of application — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2002-08-10
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), action for annulment (EU), contract staff, labour law, provision of services

C 191/6

EN

Official Journal of the European Communities

10.8.2002

1. Declares 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, the French Republic
has failed to fulfil its obligations under that directive;

1. Dismisses the appeal;

2. Orders Ms Simon to pay the costs.

(1) OJ C 233 of 12.8.2000.

2. Orders the French Republic to pay the costs;

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

(1) OJ C 247 of 26.8.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 20 June 2002

JUDGMENT OF THE COURT

in Case C-287/00: Commission of the European Communi-
ties v Federal Republic of Germany(1)

(Sixth Chamber)

of 27 June 2002

(Failure by a Member State to fulfil its obligations — Sixth
VAT Directive — Articles 2(1) and 13(A)(1)(i) — Research
activities of public-sector higher-education establishments
carried out for consideration — Exemption)

in Case C-274/00 P: Odette Simon v Commission of the
European Communities (1)

(Appeal — Officials — Person claiming the status of a
member of the temporary staff — Application brought out
of time — Inadmissibility of application — Appeal in part
manifestly inadmissible and in part manifestly unfounded)

(2002/C 191/09)

(Language of the case: French)

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

In Case C-274/00 P, Odette Simon, resident in Luxembourg,
represented initially by J.-N. Louis, and, subsequently, by
L. Misson, avocats, with an address for service in Luxembourg:
Appeal against the judgment of the Court of First Instance of
the European Communities (single judge) of 10 May 2000 in
Case T-177/97 Simon v Commission [2000] ECR-SC I-A-75
and II-319, seeking to have that judgment set aside, the other
party to the proceedings being: Commission of the European
Communities (Agent: J. Currall, assisted by D. Waelbroeck),
the Court (Sixth Chamber), composed of: F. Macken, President
of
the Chamber, N. Colneric (Rapporteur), C. Gulmann,
J.-P. Puissochet and J.N. Cunha Rodrigues, Judges; F.G. Jacobs,
Advocate General; L. Hewlett, Administrator, for the Registrar,
has given a judgment on 27 June 2002, in which it:

(2002/C 191/10)

(Language of the case: German)

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

In Case C-287/00, Commission of the European Communities
(Agents: G. Wilms and K. Gross) v Federal Republic of Germany
(Agents: W.-D. Plessing and T. Jürgensen): Application for
a declaration that, by exempting from value added tax the
research activities of public-sector higher-education establish-
ments pursuant to Paragraph 4(21a) of the Umsatzsteuergesetz
(Law on Turnover Taxes) of 27 April 1993 (BGBl. 1993 I,
p. 565), as amended by Paragraph 4(5) of the Umsatzsteuerge-
setz-A¨ nderungsgesetz of 12 December 1996 (BGBl. 1996 I,
p. 1851), the Federal Republic of Germany has failed to fulfil
its obligations under Article 2 of the Sixth Council Directive
77/388/EEC of 17 May 1977 on the harmonisation of the
laws of the Member States relating to turnover taxes —
Common system of value added tax: uniform basis of assess-
ment (OJ 1977 L 145, p. 1), the Court (Fifth Chamber),
composed of: P. Jann, President of the Chamber, S. von Bahr
(Rapporteur), D.A.O. Edward, A. La Pergola and C.W.A. Tim-
mermans, Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, has given a judgment on 20 June 2002, in which it:

1. Declares that, by exempting from value added tax the research
activities carried out for consideration by public-sector higher-
education establishments pursuant to Paragraph 4(21a) of the