Judgment of the Court (Sixth Chamber) of 2 October 2003 in Case C-322/00: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil its obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Article 5(4) and (5), paragraphs A(1), (2), (4) and (6) of Annex II and paragraph 1(2) and (3) and paragraph 2 of Annex III — Capacity of storage vessels for livestock manure — Limitation of the land application of fertilisers based on a balance between the foreseeable nitrogen requirements of crops and the nitrogen supply to crops from the soil and from fertilisation — Ensuring that the amount of livestock manure applied to land each year does not exceed a specified amount per hectare — Provisions contained in a code of good agricultural practice and covering periods, conditions and procedures for the land application of fertilisers — Obligation to adopt any additional measures or reinforced actions necessary)
Date: 2003-11-15
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, chemical salt, pollution from agricultural sources, pollution of waterways

15.11.2003

EN

Official Journal of the European Union

C 275/5

4. Orders the Federal Republic of Germany to bear its own costs.

1. Declares that by failing to adopt the necessary laws, regulations

(1) OJ C 163 of 10.6.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 2 October 2003

in Case C-322/00: Commission of the European Communi-
ties v Kingdom of the Netherlands (1)

its obligations —
(Failure of a Member State to fulfil
Directive 91/676/EEC — Protection of waters against pol-
lution caused by nitrates from agricultural sources —
Article 5(4) and (5), paragraphs A(1), (2), (4) and (6) of
Annex II and paragraph 1(2) and (3) and paragraph 2 of
Annex III — Capacity of storage vessels for livestock manure
— Limitation of the land application of fertilisers based on
a balance between the foreseeable nitrogen requirements of
crops and the nitrogen supply to crops from the soil and
from fertilisation — Ensuring that the amount of livestock
manure applied to land each year does not exceed a specified
amount per hectare — Provisions contained in a code of good
agricultural practice and covering periods, conditions and
procedures for the land application of fertilisers — Obli-
gation to adopt any additional measures or reinforced actions
necessary)

(2003/C 275/10)

(Language of the case: Dutch)

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

In Case C-322/00, Commission of the European Communities
(Agents: G. Valero Jordana and C. van Hauwaert) v Kingdom
of the Netherlands (Agent: J. G. M. van Bakel): Application for
a declaration that, by failing to adopt the necessary legislative
and administrative provisions laid down in Article 4 and
Article 5(4) and (5) of Council Directive 91/676/EEC of
12 December 1991 concerning the protection of waters
against pollution caused by nitrates from agricultural sources
(OJ 1991 L 375, p. 1) and in paragraphs A(1), (2), (4) and (6)
of Annex II and paragraph 1(2) and (3) and paragraph 2 of
Annex III thereto, the Kingdom of the Netherlands has failed
to fulfil its obligations under that directive, the Court (Sixth
Chamber), composed of:
J.-P. Puissochet, President of the
Chamber, C. Gulmann, V. Skouris, F. Macken (Rapporteur)
and N. Colneric, Judges; P. Léger, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 2 October 2003, in which it:

and administrative provisions laid down in:

— Article 5(4)(a) of Council Directive 91/676/EEC of
12 December 1991 concerning the protection of waters
against pollution caused by nitrates from agricultural
sources, in conjunction with paragraph 1(2) and (3) and
paragraph 2 of Annex III thereto;

— Article 5(4)(b) of

in conjunction with
the Directive,
Article 4(1)(a) thereof and paragraphs A(1), (2), (4)
and (6) of Annex II thereto; and

— Article 5(5) of the Directive,

the Kingdom of
obligations under the Directive;

the Netherlands has

failed to fulfil

its

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

(1) OJ C 335 of 25.11.2002.

JUDGMENT OF THE COURT

of 23 September 2003

in Case C-30/01: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure of a Member State to fulfil its obligations — Failure
to implement, in respect of Gibraltar, Directives 67/548/EEC
and 87/18/EEC (concerning dangerous chemical substances);
93/12/EEC (concerning liquid fuels); 79/113/EEC, 84/533/
EEC, 84/534/EEC, 84/535/EEC, 84/536/EEC, 84/537/EEC,
84/538/EEC, 86/594/EEC and 86/662/EEC (concerning
noise emission); 94/62/EC (concerning packaging waste)
and 97/35/EC (concerning the deliberate release into the
environment of genetically modified organisms))

(2003/C 275/11)

(Language of the case: English)

In Case C-30/01, Commission of the European Communities
(Agent: R.B. Wainwright) supported by Kingdom of Spain
(Agent: R. Silva de Lapuerta) v United Kingdom of Great
Britain and Northern Ireland (Agent: R. Magrill, assisted by
D. Wyatt QC): Application for a declaration that by failing,
in respect of Gibraltar, to adopt the laws, regulations or
administrative provisions necessary to comply with