Judgment of the Court (Sixth Chamber) of 15 May 2003 in Case C-419/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Directive 91/271/EEC — Article 5 — Urban waste water treatment — Failure to identify sensitive areas)
Date: 2003-07-05
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, urban area, wastewater, water treatment

5.7.2003

EN

Official Journal of the European Union

C 158/7

1. Article 73b(1) of the EC Treaty (now Article 56(1) EC)
precludes an administrative authorisation procedure prior to
acquisition of land, such as that established by the Vorarlberger
Grundverkehrsgesetz (Vorarlberg Land Transfer Law) of
23 September 1993, as amended in LGBl. 1997/85. It is for
the national court to determine whether such a procedure is
covered by the derogation established by Article 70 of the Act
concerning the conditions of accession of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden
and the adjustments to the Treaties on which the European
Union is founded.

2.

The Court of Justice of the European Communities has no
jurisdiction to answer the third question submitted.

( 1) OJ C 303 of 27.10.2001.

1. Declares that, by failing to identify sensitive areas in the
intracommunal catchment area of the Autonomous Community
the Autonomous
of Catalonia and the coastal waters of
Communities of the Basque Country, Catalonia, Valencia, the
Balearic Islands and the Canary Islands, and of the autonomous
city of Ceuta, the Kingdom of Spain failed to fulfil
its
obligations under Article 5 of Council Directive 91/271/EEC
of 21 May 1991 concerning urban waste water treatment;

2. Dismisses the remainder of the application;

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

(1) OJ C 348 of 8.12.2001.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 15 May 2003

in Case C-419/01: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure by a Member State to fulfil
its obligations —
Directive 91/271/EEC — Article 5 — Urban waste water
treatment — Failure to identify sensitive areas)

(2003/C 158/10)

(Language of the case: Spanish)

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

In Case C-419/01, Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent:
L. Fraguas Gadea): Application for a declaration that, by
identifying sensitive areas in only some regions of its territory,
the Kingdom of Spain has failed to fulfil its obligations under
Article 5 of Council Directive 91/271/EEC of 21 May 1991
concerning urban waste water treatment (OJ 1991 L 135,
p. 40), the Court (Sixth Chamber), composed of: J.-P. Puisso-
chet, President of the Chamber, R. Schintgen, C. Gulmann,
F. Macken (Rapporteur) and J.N. Cunha Rodrigues, Judges;
F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a
judgment on 15 May 2003, in which it has ruled:

JUDGMENT OF THE COURT

(Fourth Chamber)

of 15 May 2003

in Case C-483/01: Commission of the European Communi-
ties v French Republic (1)

(Failure of a Member State to fulfil obligations — Directive
96/29/Euratom — Protection of the health of workers and
the general public against the dangers arising from ionising
radiation — Incomplete implementation)

(2003/C 158/11)

(Language of the case: French)

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

In Case C-483/01, Commission of the European Communities
(Agent: R. Tricot) v French Republic (Agents: G. de Bergues
and C. Isidoro): Application for a declaration that by failing to
in any event, by failing to communicate to
adopt and,
the Commission the laws, regulations and administrative
provisions necessary to comply with Council Directive 96/29/
Euratom of 13 May 1996 laying down basic safety standards
for the protection of the health of workers and the general
public against the dangers arising from ionising radiation (OJ
1996 L 159, p. 1), the French Republic has failed to fulfil its
obligations under that directive, the Court (Fourth Chamber),
composed of: C.W.A. Timmermans (Rapporteur), President of
the Chamber, D.A.O. Edward and A. La Pergola, Judges;
A. Tizzano, Advocate General; R. Grass, Registrar, has given a
judgment on 15 May 2003, in which it: