Judgment of the Court (Fifth Chamber) of 19 June 2003 in Case C-329/00: Kingdom of Spain v Commission of the European Communities (EAGGF — Clearing of accounts — 1996 and 1997 financial years — Compensation for banana producers)
Date: 2003-08-23
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, European Commission, Spain, action for annulment (EU), production aid, tropical fruit

C 200/2

EN

Official Journal of the European Union

23.8.2003

JUDGMENT OF THE COURT

(Sixth Chamber)

of 10 July 2003

in

read

the Decree of 18 June 1996, together with Article 109(5) of
conjunction with
the 1994 Wegenverkeerswet,
Articles 11, 28 and 33 of
the
Kingdom of
the Netherlands has failed to comply with its
obligations under Articles 1(2) and 6(1)(c) of, and point 4 of
Annex III to, Council Directive 91/439/EEC of 29 July 1991
on driving licences, as amended by Council Directive 96/47/EC
of 23 July 1996;

the Reglement Rijbewijzen,

2. Dismisses the remainder of the application;

in Case C-246/00: Commission of the European Commu-
nities v Kingdom of the Netherlands (1)

3. Orders the Kingdom of the Netherlands to pay the costs;

4. Orders the Kingdom of Spain to bear its own costs.

(Failure by a Member State to comply with its obligations —
Directive 91/439/EEC — Driving licences — Mutual recog-
nition — Compulsory registration — Calculation of
the

duration of validity)

(1) OJ C 259 of 9.9.2000.

(2003/C 200/02)

(Language of the case: Dutch)

JUDGMENT OF THE COURT

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

(Fifth Chamber)

of 19 June 2003

In Case C-246/00, Commission of the European Communities
(Agents: M. Wolfcarius and H.M.H. Speyart) v Kingdom of the
Netherlands (Agent: A. Fierstra), supported by Kingdom of
Spain (Agent: R. Silva de Lapuerta), Application for a declara-
tion that, by adopting and maintaining in force Articles 107(1),
108(1)(h), 109 and 111(1)(a) of the Wegenverkeerswet (Road
Traffic Law) of 21 April 1994 (Stbl. 1994 No 475), as amended
(Stbl. 1996 No 276) and Article 100 of the Reglement Rijbe-
wijzen (Decree on driving licences) of 28 May 1996
(Stbl. 1996 No 277), as amended by the Decree of 18 June
1996 (Stbl. 1996 No 326), the Kingdom of the Netherlands
has failed to comply with its obligations under Articles 1(2)
and 6(1)(c) of, and point 4 of Annex III to, Council Directive
91/439/EEC of 29 July 1991 on driving licences (OJ 1991
L 237, p. 1), as amended by Council Directive 96/47/EC of
23 July 1996 (OJ 1996 L 235, p. 1),
(Sixth
Chamber), composed of: R. Schintgen (Rapporteur), President
of
the Sixth
Chamber, C. Gulmann, V. Skouris, F. Macken and N. Colneric,
Judges; P. Léger, Advocate General; H. von Holstein, Deputy
Registrar, has given a judgment on 10 July 2003, in which it:

the Second Chamber, acting as President of

the Court

1. Declares

by

that,

adopting

and maintaining

force
the
Articles 107(1), 108(1)(h) and Article 111(1)(a) of
Wegenverkeerswet
(Road Traffic Law) of 21 April 1994, as
amended, as well as Article 100 of the Reglement Rijbewijzen
(Decree on driving licences) of 28 May 1996, as amended by

in

in Case C-329/00: Kingdom of Spain v Commission of the
European Communities (1)

(EAGGF — Clearing of accounts — 1996 and 1997 finan-
cial years — Compensation for banana producers)

(2003/C 200/03)

(Language of the case: Spanish)

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

In Case C-329/00: Kingdom of Spain (Agent: R. Silva de
Lapuerta) against Commission of the European Communities
(Agents: S. Pardo and M. Niejahr, assisted by J. Guerra
Fernández) — application for annulment of Commission Deci-
sion 2000/449/EC of 5 July 2000 excluding from Community
financing certain expenditure incurred by the Member States
the European Agricultural
under
the Guarantee Section of
Guidance and Guarantee Fund (EAGGF)
(OJ 2000 L 180,
p. 49) in so far as it provides for a financial adjustment to
made to the expenses declared by the Kingdom of Spain as

23.8.2003

EN

Official Journal of the European Union

C 200/3

compensatory aid to banana producers for the 1995 and 1996
campaigns — the Court
composed of
D.A.O. Edward, acting as President of the Fifth Chamber, A. La
Pergola, P. Jann, S. von Bahr (Rapporteur) and A. Rosas, Judges;
J. Mischo, Advocate General; R. Grass, Registrar, gave a judg-
ment on 19 June 2003, in which it:

(Fifth Chamber),

JUDGMENT OF THE COURT

of 10 July 2003

1. Dismissed the action in its entirety;

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

(1) OJ C 335 of 25.11.2000.

in Case C-472/00 P: Commission of the European Commu-
nities v Fresh Marine Company A/S (1)

(Appeal — Non-contractual
liability of the Community —
Provisional anti-dumping and countervailing duties imposed
salmon originating in
on imports of

farmed Atlantic
Norway)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 3 July 2003

in Case C-457/00: Kingdom of Belgium v Commission of
the European Communities (1)

(State aid — Aid to the Belgian group Verlipack — Hollow
container glass sector)

(2003/C 200/04)

(Language of the case: French)

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

In Case C-457/00, Kingdom of Belgium (Agent: A. Snoecx,
assisted by J.-M. De Backer, G. Vandersanden and L. Levi,
avocats) v Commission of the European Communities (Agent:
G. Rozet): Application for annulment of Commission Decision
2001/856/EC of 4 October 2000 concerning State aid to
Verlipack, Belgium (OJ 2001 L 320, p. 28), the Court (Fifth
Chamber), composed of: C.W.A. Timmermans, President of the
Fourth Chamber, acting as President of
the Fifth Chamber,
D.A.O. Edward, A. La Pergola, P.
Jann and S. von Bahr
(Rapporteur),
Jacobs, Advocate General; H. von
Holstein, Deputy Registrar, has given a judgment on 3 July
2003, in which it:

Judges; F.G.

1. Dismisses the appeal;

(2003/C 200/05)

(Language of the case: English)

the European Communities

In Case C-472/00 P, Commission of the European Commu-
nities (Agents: V. Kreuschitz and S. Meany, assisted by N. Khan,
barrister): Appeal against the judgment of the Court of First
(Third Chamber,
Instance of
Extended Composition) of 24 October 2000 in Case T-178/98
Fresh Marine v Commission [2000] ECR II-3331, seeking to
have that judgment set aside, the other party to the proceed-
ings being: Fresh Marine Company A/S, established in Trond-
heim (Norway),
represented by J.-F. Bellis and B. Servais,
avocats, with an address for service in Luxembourg, Fresh
Marine Company A/S, established in Trondheim (Norway)
(represented by J.-F. Bellis and B. Servais), the Court (Third
of:
Chamber,
G.C. Rodríguez Iglesias, President, J.-P. Puissochet, R. Schintgen
and
Chambers),
C. Gulmann, D.A.O. Edward, A. La Pergola, V. Skouris, S. von
Bahr, J.N. Cunha Rodrigues (Rapporteur) and A. Rosas, Judges;
C. Stix-Hackl, Advocate General; L. Hewlett, Principal Adminis-
trator,
for the Registrar, has given a judgment on 10 July
2003, in which it:

Composition),

Timmermans

(Presidents

composed

Extended

C.W.A.

of

1. Dismisses the main appeal and the cross-appeal;

2. Orders the Commission of the European Communities to pay

the costs relating to the main appeal;

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

the cross-appeal.

3. Orders Fresh Marine Company A/S to pay the costs relating to

(1) OJ C 45 of 10.2.2001.

(1) OJ C 61 of 24.2.2001.