Judgment of the Court (First Chamber) of 16 January 2003 in Case C-63/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland Failure of a Member State to fulfil its obligations — Failure to implement Directive 98/83/EC)
Date: 2003-02-22
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, drinking water, human nutrition, hydraulic works, water supply

C 44/10

EN

Official Journal of the European Union

22.2.2003

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 68 of 16.3.2002.

Regulation (EEC) No 1308/70 of the Council of 29 June 1970 on
the common organisation of the market in flax and hemp, as amended
by Council Regulation (EC) No 2826/2000 of 19 December 2000
on information and promotion actions for agricultural products on
the internal market and Regulation (EEC) No 619/71 of the Council
of 22 March 1971 laying down general rules for granting aid for
flax and hemp, as amended by Council Regulation (EC) No 1420/
98 of 26 June 1998, must be interpreted so precluding national
legislation which has the effect of prohibiting the cultivation and
possession of industrial hemp covered by those regulations.

( 1) OJ C 84 of 6.4.2002.

JUDGMENT OF THE COURT

(First Chamber)

of 16 January 2003

in Case C-63/02: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

JUDGMENT OF THE COURT

(First Chamber)

of 16 January 2003

in Case C-29/02: Commission of the European Communi-
ties v Kingdom of Spain (1)

Failure of a Member State to fulfil its obligations — Failure
to implement Directive 98/83/EC)

(Failure of a Member State to fulfil its obligations — Failure
to transpose Directive 98/83/EC)

(2003/C 44/18)

(Language of the case: Spanish)

(2003/C 44/19)

(Language of the case: English)

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

In Case C-29/02, Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent:
L. Fraguas Gadea): Application for a declaration that, by failing
to adopt or, in any event, to communicate to the Commission
the laws, regulations and administrative provisions necessary
to comply with Council Directive 98/83/EC of 3 November
1998 on the quality of water intended for human consumption
(OJ 1998 L 330, p. 32), the Kingdom of Spain has failed to
fulfil
its obligations under that directive, the Court (First
Chamber), composed of: M. Wathelet, President of the Chamb-
er, P.
Judges; S. Alber,
Advocate General; R. Grass, Registrar, has given a judgment
on 16 January 2003, in which it:

Jann and A. Rosas (Rapporteur),

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 98/83/EC of 3 November 1998 on the quality of
water intended for human consumption, the Kingdom of Spain
has failed to fulfil its obligations under that directive;

In Case C-63/02, Commission of the European Communities
(Agent: M. Shotter) v United Kingdom of Great Britain and
Northern Ireland (Agents: P. Ormond, assisted by M. Demetri-
ou, barrister): Application for a declaration that, by failing to
adopt for Northern Ireland and Wales all the laws, regulations
and administrative provisions necessary to comply with
Council Directive 98/83/EC of 3 November 1998 on the
quality of water intended for human consumption (OJ 1998
in any event, by failing to notify such
L 330, p. 32) or,
provisions to the Commission, the United Kingdom of Great
Britain and Northern Ireland has failed to fulfil its obligations
under Article 17(1) and (2) of
that directive, the Court
(First Chamber), composed of: M. Wathelet, President of the
Chamber, P. Jann and A. Rosas (Rapporteur), Judges; S. Alber,
Advocate General; R. Grass, Registrar, has given a judgment
on 16 January 2003, in which it:

1. Declares that, by failing to adopt for Northern Ireland and
Wales all the laws, regulations and administrative provisions
necessary to comply with Council Directive 98/83/EC of
3 November 1998 on the quality of water intended for human
the United Kingdom of Great Britain and
consumption,
Northern Ireland has failed to fulfil
its obligations under
Article 17(1) of that directive;

22.2.2003

EN

Official Journal of the European Union

C 44/11

2. Orders the United Kingdom of Great Britain and Northern

ORDER OF THE COURT

Ireland to pay the costs.

( 1) OJ C 109 of 4.5.2002.

JUDGMENT OF THE COURT

(First Chamber)

of 16 January 2003

(Sixth Chamber)

of 21 November 2002

in Case C-360/01: Italian Republic v Commission of the
European Communities and Council of the European
Union (1)

(Sugar — Pricing system — Marketing year 2001/2002 —
Regionalisation — Non-deficit areas — Classification of
Italy — Validity of Regulations (EC) Nos 1263/2001 and
1260/2001 — Action for annulment — Manifestly inadmis-
sible in part)

in Case C-122/02: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure of a Member State to fulfil its obligations — Failure
to transpose Directive 98/83/EC)

(2003/C 44/21)

(Language of the case: Italian)

(2003/C 44/20)

(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-122/02, Commission of the European Communities
(Agents: G. Valero Jordana and J. Adda) v Kingdom of Belgium
(Agent: A. Snoecx): Application for a declaration that, by
failing to adopt all the laws, regulations and administrative
provisions necessary to comply fully with Council Directive
98/83/EC of 3 November 1998 on the quality of water
intended for human consumption (OJ 1998 L 330, p. 32) or,
at any rate, by failing fully to inform the Commission thereof,
the Kingdom of Belgium has failed to fulfil its obligations
under that directive, the Court (First Chamber), composed of:
M. Wathelet, President of the Chamber, P. Jann and A. Rosas
Judges; L.A. Geelhoed, Advocate General;
(Rapporteur),
R. Grass, Registrar, has given a judgment on 16 January 2003,
in which it:

In Case C-360/01, Italian Republic (Agent: U. Leanza, and G de
Bellis) v Commission of the European Communities (Agent: C.
Cattabriga) and Council of
the European Union (Agent:
F. P. Ruggeri Laderchi) — application for the annulment of
Article 1 of Commission Regulation (EC) No 1263/2001 fixing
the derived intervention prices for white sugar for the 2001/
02 marketing year (OJ 2001 L 178, p. 60), in so far as it fails
to fix derived intervention prices for white sugar for all the
areas of Italy and, in so far as necessary, the annulment of
Article 2(1)(a) of Council Regulation (EC) No 1260/2001 of
19 June 2001 on the common organisation of the markets in
the sugar sector
(OJ 2001 L 178, p. 1) — the Court
(Sixth Chamber), composed of: J.-P. Puissochet (President of
Chamber), R. Schintgen, C. Gulmann, V. Skouris and N. Col-
J. Mischo, Advocate General;
neric (Rapporteur),
R. Grass, Registrar, gave a judgment on 21 November 2002,
the operative part of which is as follows:

Judges;

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply fully with Council
Directive 98/83/EC of 3 November 1998 on the quality of
water intended for human consumption,
the Kingdom of
Belgium has failed to fulfil its obligations under that directive;

1.

2.

The application is dismissed as manifestly inadmissible inas-
much as it is directed against the Council.

The Italian Republic is ordered to pay the costs relating to that
part of the application.

2. Orders the Kingdom of Belgium to pay the costs.

( 1) OJ C 131 of 1.6.2002.

(1) OJ C 331 of 24.11.2001.