Judgment of the Court (First Chamber) of 16 January 2003 in Case C-29/02: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 98/83/EC)
Date: 2003-02-22
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, drinking water, human nutrition, 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;