Judgment of the Court (Sixth Chamber) of 14 November 2002 in Case C-316/00: Commission of the European Communities v Ireland (Failure of a Member State to fulfil its obligations — Directive 80/778/EEC — Quality of water intended for human consumption — Incomplete implementation)
Date: 2002-12-21
Institutions: Court of Justice
Subjects: European Commission, European standard, Ireland, action for failure to fulfil an obligation, drinking water, water supply

21.12.2002

EN

Official Journal of the European Communities

C 323/15

1.

The first paragraph of Article 1 of
the Convention of
27 September 1968 on Jurisdiction and the Enforcement of
Judgments in Civil and Commercial Matters, as amended by
the Convention of 9 October 1978 on the Accession of the
Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland and by the Convention of
25 October 1982 on the Accession of the Hellenic Republic,
must be interpreted as meaning that the concept of ‘civil matters’
encompasses an action under a right of recourse whereby a
public body seeks from a person governed by private law recovery
of sums paid by it by way of social assistance to the divorced
spouse and the child of that person, provided that the basis and
the detailed rules relating to the bringing of that action are
governed by the rules of
the ordinary law in regard to
maintenance obligations. Where the action under a right of
recourse is founded on provisions by which the legislature
conferred on the public body a prerogative of its own, that
action cannot be regarded as being brought in ‘civil matters’.

2.

Point 3 of the second paragraph of Article 1 of the Brussels
Convention must be interpreted as meaning that the concept of
‘social security’ does not encompass the action under a right of
recourse by which a public body seeks from a person governed
by private law recovery in accordance with the rules of the
ordinary law of sums paid by it by way of social assistance to
the divorced spouse and the child of that person.

( 1) OJ C 259 of 9.9.2000.

assisted by E. Fitzsimons, and E. Galligan, BL): Application for
a declaration that:

— by failing to ensure compliance with microbiological
parameters 57 (total coliforms) and 58 (faecal coliforms)
of Annex I to Council Directive 80/778/EEC of 15 July
1980 relating to the quality of water intended for human
consumption (OJ 1980 L 229, p. 11) in respect of certain
public water supplies and certain group water supplies
(other than those providing less than 10 m3 a day as an
average or serving fewer than 50 persons, unless the
water is supplied as part of a commercial or public
activity) identified in official drinking water reports and
in correspondence concerning Ballycroy (Ireland), and

— by failing, in its implementing legislation, to reflect the
binding character of the requirements of Annex I to the
directive in relation to group water supplies, Ireland has
failed to fulfil its obligations under Articles 7(6), 18 and
19 of that directive and under the EC Treaty,

the Court (Sixth Chamber), composed of:
J.-P. Puissochet,
President of the Chamber, R. Schintgen, V. Skouris, F. Macken
and J. N. Cunha Rodrigues (Rapporteur), Judges; A. Tizzano,
Advocate General; H. von Holstein, Deputy Registrar, has
given a judgment on 14 November 2002, in which it:

JUDGMENT OF THE COURT

(Sixth Chamber)

of 14 November 2002

1. Declares that:

in Case C-316/00: Commission of the European Communi-
ties v Ireland (1)

(Failure of a Member State to fulfil its obligations —
Directive 80/778/EEC — Quality of water intended for
human consumption — Incomplete implementation)

(2002/C 323/17)

(Language of the case: English)

— by failing to ensure compliance with microbiological
parameters 57 (total coliforms) and 58 (faecal coliforms)
of Annex I to Council Directive 80/778/EEC of 15 July
1980 relating to the quality of water intended for human
consumption in respect of certain public water supplies
than those
and certain group water
providing less than 10 m3 a day as an average or serving
fewer than 50 persons, unless the water is supplied as
part of a commercial or public activity) identified in
official drinking water reports and in correspondence
concerning Ballycroy, Ireland, and

supplies (other

In Case C-316/00, Commission of the European Communities
(Agent: R. B. Wainwright) v Ireland (Agent: D. J. O’Hagan,

— by failing, in its implementing legislation, to reflect the
binding character of the requirements of Annex I to the

C 323/16

EN

Official Journal of the European Communities

21.12.2002

directive in relation to group water supplies, Ireland has
failed to fulfil its obligations under Articles 7(6), 18 and
19 of that directive;

JUDGMENT OF THE COURT

2. Orders Ireland to pay the costs.

( 1) OJ C 302 of 21.10.2002.

(Sixth Chamber)

of 7 November 2002

JUDGMENT OF THE COURT

of 5 November 2002

in Case C-325/00: Commission of the European Communi-
ties v Federal Republic of Germany (1)

(Free movement of goods — Measures having equivalent
effect — Label of origin and quality)

(2002/C 323/18)

(Language of the case: German)

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

In Case C-325/00, Commission of the European Communities
(Agents: J. C. Schieferer and C. Schmidt) v Federal Republic of
Germany (Agent: W.-D. Plessing, acting as Agent, assisted by
M. Loschelder): Application for a declaration that by awarding
the quality label ‘Markenqualität aus deutschen Landen’ (quality
label for produce made in Germany) to finished products of a
certain quality produced in Germany, the Federal Republic of
Germany has failed to fulfil its obligations under Article 30 of
the EC Treaty (now, after amendment, Article 28 EC), the
Court, composed of: G. C. Rodríguez Iglesias, President,
J.-P. Puissochet and M. Wathelet (Presidents of Chambers),
C. Gulmann (Rapporteur), A. La Pergola, P. Jann, V. Skouris,
F. Macken, N. Colneric, S. von Bahr and J. N. Cunha Rodrigues,
Judges; F. G. Jacobs, Advocate General; R. Grass, Registrar, has
given a judgment on 5 November 2002, in which it:

1. Declares that, by awarding the quality label ‘Marenqualität aus
deutschen Landen’ (quality label for produce made in Germany)
to finished products of a certain quality made in Germany, the
Federal Republic of Germany has failed to fulfil its obligations
under Article 30 of the EC Treaty (now, after amendment,
Article 28 EC);

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

( 1) OJ C 316 of 4.11.2000.

in Case C-333/00 (Reference for a preliminary ruling from
the Tarkastuslautakunta): Eila Päivikki Maaheimo (1)

(Regulation (EEC) No 1408/71 — Family benefits — Home
child-care allowance — Residence condition for children)

(2002/C 323/19)

(Language of the case: Finnish)

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

In Case C-333/00: Reference to the Court under Article 234
EC by the Tarkastuslautakunta (Finland) for a preliminary
ruling in the proceedings pending before that court by Eila
Päivikki Maaheimo, on the interpretation of Articles 4(1)(h),
10(a), 73 and 75 of Council Regulation (EEC) No 1408/71 of
14 June 1971 on the application of social security schemes to
employed persons, to self-employed persons and to members
of their families moving within the Community, as amended
and updated by Council Regulation (EC) No 118/97 of
2 December 1996 (OJ 1997 L 28, p. 1), the Court (Sixth
Chamber), composed of: R. Schintgen, President of the Second
Chamber, acting for the President of the Sixth Chamber,
V. Skouris, F. Macken, N. Colneric (Rapporteur) and J. N. Cunha
Rodrigues, Judges; F. G. Jacobs, Advocate General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on
7 November 2002, in which it has ruled:

1. A benefit such as the home child-care allowance provided for by
the Laki lasten kotihoidon ja yksityisen hoidon tuesta (Law
No 1128/96 on home child-care allowance and private child-
care allowance) is a family benefit within the meaning of
Article 4(1)(h) of Council Regulation (EEC) No 1408/71 of
14 June 1971 on the application of social security schemes to
employed persons, to self-employed persons and to members of
their families moving within the Community, as amended and
updated by Council Regulation (EC) No 118/97 of 2 December
1996.