Judgment of the Court (Sixth Chamber) of 8 May 2003 In Joined Cases C-328/99 and C-399/00: Italian Republic and SIM 2 Multimedia SpA v Commission of the European Communities (Action for annulment — Decision 2000/536/EC — State aid granted to Seleco SpA)
Date: 2003-06-21
Institutions: Court of Justice
Subjects: European Commission, Italy, State aid, action for annulment (EU), aid to undertakings, control of State aid

21.6.2003

EN

Official Journal of the European Union

C 146/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Sixth Chamber)

of 8 May 2003

2.

3.

dismisses the remainder of the applcation;

orders the Kingdom of Spain to pay the costs.

(1) OJ C 370 of 6.12.1997.

in Case C-349/97: Kingdom of Spain v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — 1993)

JUDGMENT OF THE COURT

(2003/C 146/01)

(Language of the case: Spanish)

(Sixth Chamber)

of 8 May 2003

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

In Joined Cases C-328/99 and C-399/00: Italian Republic
and SIM 2 Multimedia SpA v Commission of the European
Communities (1)

In Case C-349/97: Kingdom of Spain (Agent: S. Ortiz Vaamon-
de) v Commission of the European Communites (Agent:
X. Lewis, with M. Carro) — application for the annulment, in
so far as it concerns the Kingdom of Spain, of Commission
Decision 97/608/EC of 30 July 1997 amending Decision 97/
333/EC on the clearance of the accounts presented by the
Member States in respect of the expenditure for 1993 of the
Guarantee Section of the European Agricultural Guidance and
Guarantee Fund (EAGGF) (OJ 1997 L 245, p. 20) — the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of
Chamber, C. Gulmann, V. Skouris, F. Macken and N. Colneric
(Rapporteur), Judges; P. Léger, Advocate General; R. Grass,
Registrar, gave a judgment on 8 May 2003, in which it:

1.

annuls Commission Decision 97/608/EC of 30 July 1997
amending Decision 97/333/EC on the clearance of the accounts
presented by the Member States in respect of the expenditure
for 1993 of the Guarantee Section of the European Agricultural
Guidance and Guarantee Fund (EAGGF) in so far as concerns,
first, the flat-rate correction of 100 % of aid declared concerning
the company N. R. Sevillano and, second, the flat-rate correction
of 10 % of the total eligible expenses for the establishment of
the oil register;

(Action for annulment — Decision 2000/536/EC — State
aid granted to Seleco SpA)

(2003/C 146/02)

(Language of the case: Italian)

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

In Joined Cases C-328/99 and C-399/00, Italian Republic
(Agent: U. Leanza, assisted by O. Fiumara) and SIM 2
Multimedia SpA (represented by A. Vianello) v Commission of
the European Communities (Agent: G. Rozet, assisted by
A. Abate and E. Cappelli): Application, in Case C-328/99, for
annulment of Commission Decision 2000/536/EC of 2 June
1999 concerning State aid granted to Seleco SpA (OJ 2000
L 227, p. 24) and,
in Case C-399/00, for annulment of
Article 2(1) of that decision, in so far as it requires the Italian
Republic to take the necessary measures to recover the aid
granted to Seleco SpA from Seleco Mulimedia Srl with regard
to the part not recoverable from the latter, the Court (Sixth

C 146/2

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Official Journal of the European Union

21.6.2003

Chamber), composed of: R. Schintgen, President of the Second
Chamber, acting for the President of the Sixth Chamber,
C. Gulmann (Rapporteur), V. Skouris, F. Macken and
J.N. Cunha Rodrigues, Judges; L.A. Geelhoed, Advocate Gen-
eral; L. Hewlett, Principal Administrator, for the Registrar, has
given a judgment on 8 May 2003, in which it:

— by failing to adopt provisions by which the competent
authority, before granting a permit to undertakings which
regenerate waste oils or use them as fuel, may satisfy itself
that health is appropriately protected where waste oils
are used as fuel and that the best available technology not
entailing excessive cost is used where waste oils are
regenerated or used as fuel;

1. Annuls Article 2(1) of Commission Decision 2000/536/EC
of 2 June 1999 concerning State aid granted by Italy to Seleco
SpA in so far as it provides that the Italian Republic is to take
all the necessary measures to recover the aid referred to in
Article 1 from Seleco Multimedia Srl with regard to the part
not recoverable from Seleco SpA;

2. Dismisses the remainder of the application;

3. Orders,

in Case C-328/99,

the Italian Republic and the
Commission of the European Communities to bear their own
costs;

4. Orders, in Case C-399/00, the Commission of the European

Communities to pay the costs.

( 1) OJ C 352 of 4.12.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 10 April 2003

— by failing to lay down that residues from the combustion
of waste oils are to be disposed of in accordance with
Article 9 of Council Directive 78/319/EEC of 20 March
1978 on toxic and dangerous waste (OJ 1978 L 84,
p. 43), and, from 27 June 1995,
in accordance with
Article 9 of Council Directive 75/442/EEC of 15 July
1975 on waste (OJ 1975 L 194, p. 39), as amended by
Council Directive 91/156/EEC of 18 March 1991 (OJ
1991 L 78, p. 32), which, pursuant to Council Directive
91/689/EEC of 12 December 1991 on hazardous waste
(OJ 1991 L 377, p. 20), as amended by Council Directive
94/31/EC of 27 June 1994 (OJ 1994 L 168, p. 28),
replaced Article 9 of Directive 78/319;

— by not providing for periodical inspection of undertakings
which regenerate waste oils or use them as fuel, or
for examination of
technical
development and/or of the environment with a view to
revising, where necessary, permits granted to those
undertakings;

trends in the state of

in Case C-392/99: Commission of the European Communi-
ties v Portuguese Republic (1)

(Failure of a Member State to fulfil its obligations —
Directive 75/439/EEC — Disposal of waste oils — Incom-
plete transposition)

— by failing to convey to the Commission information
concerning technical expertise and the experience gained
and results obtained through the application of measures
taken pursuant
to Council Directive 75/439/EEC of
16 June 1975 on the disposal of waste oils (OJ 1975
L 194, p. 23), as amended by Council Directive 87/101/
EEC of 22 December 1986 (OJ 1987 L 42, p. 43),

(2003/C 146/03)

(Language of the case: Portuguese)

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

In Case C-392/99, Commission of the European Communities
(Agents: L. Ström and M.A. Caeiros) v Portuguese Republic
(Agents: L. Fernandes and M. Telles Romão): Application for a
declaration that:

the Portuguese Republic has failed to fulfil
its obligations
under Articles 6(2), 8(2)(a), 13 and 17 of Directive 75/439, as
amended by Directive 87/101, and the first paragraph of
Article 5 and the third paragraph of Article 189 of the EC
Treaty (now the first paragraph of Article 10 EC and the third
paragraph of Article 249 EC), the Court (Sixth Chamber),
composed of:
J.-P. Puissochet, President of the Chamber,
R. Schintgen, V. Skouris (Rapporteur), F. Macken and N. Col-
neric,
Judges; C. Stix-Hackl, Advocate General; R. Grass,
Registrar, has given a judgment on 10 April 2003, in which it: