Judgment of the Court (Fourth Chamber) of 11 September 2003 in Case C-67/02: Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Article 5 of Directive 79/923/EEC — Quality of shellfish waters — Pollution-reduction programme)
Date: 2003-11-15
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, quality standard, shellfish farming, water analysis

15.11.2003

EN

Official Journal of the European Union

C 275/17

1.

Rules such as those of the Vorarlberger Grundverkehrsgesetz
(Vorarlberg Land Transfer Law) of 23 September 1993, as
amended, making transactions relating to agricultural and
forestry plots subject to administrative controls must, where a
transaction is in issue between nationals of States party to the
Agreement on the European Economic Area of 2 May 1992,
be assessed in the light of Article 40 of and Annex XII to the
aforementioned Agreement, which are provisions possessing the
same legal scope as that of Article 73b of the EC Treaty (now
Article 56 EC), which is identical in substance.

2. Article 73b of the Treaty in conjunction with Articles 73c,
73d, 73f and 73g of the EC Treaty (now Articles 57 EC to 60
EC) do not preclude the acquisition of agricultural land being
made subject to the grant of prior authorisation such as that
established by the VGVG. However, they do preclude such
authorisation being refused in every case in which the acquirer
does not himself farm the land concerned as part of a holding
and on which he is not resident.

(1) OJ C 84 of 6.4.2002.

JUDGMENT OF THE COURT

of 30 September 2003

in Case C-47/02 (Reference for a preliminary ruling from
the Schleswig-Holsteinisches Oberverwaltungsgericht):
Albert Anker, Klaas Ras, Albertus Snoek v Bundesrepu-
blik Deutschland ( (1))

(Freedom of movement for workers — Article 39(4) EC —
Employment in the public service — Masters of fishing
vessels — Conferment of powers of public authority on
board — Posts reserved for nationals of the flag State)

(2003/C 275/28)

(Language of the case: German)

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

In Case C-47/02: Reference to the Court under Article 234
EC by the Schleswig-Holsteinisches Oberverwaltungsgericht
(Germany) for a preliminary ruling in the proceedings pending
before that court between Albert Anker, Klaas Ras, Albertus
Snoek and Bundesrepublik Deutschland, represented by the
Wasser- und Schiffahrtsdirektion Nord, on the interpretation
of Article 39(4) EC, the Court, composed of: G.C. Rodríguez
Iglesias, President, J.-P. Puissochet, M. Wathelet (Rapporteur),
R. Schintgen and C.W.A. Timmermans (Presidents of Cham-
bers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann,
V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha
Rodrigues and A. Rosas,
Judges; C. Stix-Hackl, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, has given a judgment on 30 September 2003, in which it
has ruled:

Article 39(4) EC must be construed as allowing a Member State to
reserve for its nationals the post of master of vessels flying its flag
(‘Kleine See-
and engaged in ‘small-scale maritime
schifffahrt’) only if the rights under powers conferred by public law
granted to masters of such vessels are in fact exercised on a regular
basis and do not represent a very minor part of their activities.

shipping’

(1) OJ C 109 of 4.5.2002.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 11 September 2003

in Case C-67/02: Commission of the European Communi-
ties v Ireland (1)

(Failure of a Member State to fulfil obligations — Article 5
of Directive 79/923/EEC — Quality of shellfish waters —
Pollution-reduction programme)

(2003/C 275/29)

(Language of the case: English)

In Case C-67/02, Commission of the European Communities
(Agent: M. Shotter) v Ireland (Agent: D. O’Hagan): Application
for a declaration that, by not adopting programmes for all its
designated shellfish waters in accordance with Article 5 of
Council Directive 79/923/EEC of 30 October 1979 on the
quality required of shellfish waters (OJ 1979 L 281, p. 47),
Ireland has failed to fulfil its obligations under that directive,
the Court (Fourth Chamber), composed of: C.W.A. Timmer-
mans, President of the Chamber, A. La Pergola (Rapporteur)
Jacobs, Advocate General;
and S. von Bahr,
R. Grass, Registrar, has given a judgment on 11 September
2003, in which it:

Judges; F.G.

1. Declares that, by not adopting programmes for all its designated
shellfish waters in accordance with Article 5 of Council Directive
79/923/EEC of 30 October 1979 on the quality required of
shellfish waters, Ireland has failed to fulfil
its obligations
thereunder;

2. Orders Ireland to pay the costs.

(1) OJ C 109 of 4.5.2002.