Judgment of the Court (Sixth Chamber) of 18 June 2002 in Case C-398/00: Kingdom of Spain v Commission of the European Communities (State aid — Plans notified — No decision by the Commission within the two-month time-limit — Time-limit of 15 working days for initiating the formal investigation procedure — Calculation of the time-limit — Conditions governing prior notice by the Member State and notification of the Commission's decision — Service by fax)
Date: 2002-08-10
Institutions: Court of Justice
Subjects: EU aid, European Commission, Spain, State aid, action for annulment (EU), control of State aid

C 191/8

EN

Official Journal of the European Communities

10.8.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 18 June 2002

in Case C-398/00: Kingdom of Spain v Commission of the
European Communities (1)

(State aid — Plans notified — No decision by the Com-
mission within the two-month time-limit — Time-limit of
15 working days for initiating the formal investigation
procedure — Calculation of the time-limit — Conditions
governing prior notice by the Member State and notification
of the Commission’s decision — Service by fax)

(2002/C 191/12)

(Language of the case: Spanish)

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

In Case C-398/00, Kingdom of Spain (Agent: S. Ortiz Vaamon-
de) v Commission of the European Communities (Agents:
G. Rozet and R. Vidal): Application for annulment of the
Commission’s decision of 17 August 2000, notified to the
Kingdom of Spain by letter SG (2000) D/106322 of 22 August
2000 and published in the Official Journal of the European
Communities of 18 November 2000 (OJ 2000 C 328, p. 19), to
initiate the formal investigation procedure for assessing the
compatibility with the EC Treaty of aid to Santana Motor SA,
in respect of all measures therein referred to, other than the
guarantee granted in June 1998, the Court (Sixth Chamber),
composed of: F. Macken, President of the Chamber, J-P. Puisso-
chet (Rapporteur), and V. Skouris, Judges; S. Alber, Advocate
General; R. Grass, Registrar, has given a judgment on 18 June
2002, in which it:

1. Annuls the Commission’s decision of 17 August 2000, notified
to the Kingdom of Spain by letter SG (2000) D/106322 of
22 August 2000, to initiate the formal investigation procedure
for assessing the compatibility with the EC Treaty of aid to
Santana Motor SA, in respect of all measures therein referred
to, other than the guarantee granted in June 1998;

2. Orders the Commission of the European Communities to pay

the costs.

(1) OJ C 28 of 27.1.2001.

of 18 June 2002

in Case C-60/01: Commission of the European Communi-
ties v French Republic (1)

(Failure of a Member State to fulfil
its obligations —
Directives 89/369/EEC and 89/429/EEC — Air pollution —
Municipal waste incineration plants — Incinerators in
France)

(2002/C 191/13)

(Language of the case: French)

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

In Case C-60/01, Commission of the European Communities
(Agents: H. Støvlbaek and J. Adda) v French Republic (Agents:
G. de Bergues and D. Colas, and, subsequently, R. Abraham
and D. Colas): Application for a declaration that, by failing to
adopt all the necessary and appropriate measures to ensure
that all incinerators currently operating in France are operated
in accordance with the combustion conditions laid down by
Council Directive 89/369/EEC of 8 June 1989 on the preven-
tion of air pollution from new municipal waste incineration
plants (OJ 1989 L 163, p. 32) and Council Directive 89/429/
EEC of 21 June 1989 on the reduction of air pollution from
existing municipal waste incineration plants (OJ 1989 L 203,
p. 50) or that they ceased to operate by the due date, namely
1 December 1990 as regards new plants and 1 December
1996 as regards existing plants, the French Republic has failed
to fulfil its obligations under Article 4(1) of Directive 89/
369, Articles 2(a) and 4 of Directive 89/429 and the third
paragraph of Article 249 EC,
the Court, composed of:
G.C. Rodrı´guez Iglesias, President, P. Jann, F. Macken, N. Col-
neric and S. von Bahr (Presidents of Chambers), A. La Pergola,
J.-P. Puissochet, M. Wathelet, V. Skouris, J.N. Cunha Rodrigues
and C.W.A. Timmermans (Rapporteur),
Judges; S. Alber,
Advocate General; R. Grass, Registrar, has given a judgment
on 18 June 2002, in which it:

1. Declares that, by failing to adopt all

the necessary and
appropriate measures to ensure that all incinerators in France
are operated in accordance with the combustion conditions laid
down by Council Directive 89/369/EEC of 8 June 1989 on
the prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC of
21 June 1989 on the reduction of air pollution from existing
municipal waste incineration plants or that they ceased to
operate by the due date, namely 1 December 1990 as regards