Judgment of the Court (Sixth Chamber) of 27 June 2002 in Case C-258/00: Commission of the European Communities v French Republic (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)
Date: 2002-08-10
Institutions: Court of Justice
Subjects: European Commission, France, pollution control, water pollution

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:

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