Judgment of the Court of 23 September 2003 in Case C-30/01: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (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))
Date: 2003-11-15
Institutions: Court of Justice
Subjects: European Commission, Gibraltar, United Kingdom, action for failure to fulfil an obligation, national implementing measure

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

C 275/6

EN

Official Journal of the European Union

15.11.2003

— Council Directive 67/548/EEC of 27 June 1967 on the
approximation of laws, regulations and administrative
provisions in relation to the classification, packaging and
labelling of dangerous substances (OJ 1967 L 196,
p; 1), as amended by Commission Directive 97/69/EC of
5 December 1997 (OJ 1997 L 343. p; 19);

— Council Directive 84/537/EEC of 17 September 1984 on
the approximation of the laws of the Member States
relating to the permissible sound power level of powered
hand-held concrete breakers and picks (OJ 1984 L 300,
p. 156), as amended by Commission Directive 85/409/
EEC of 11 July 1985 (OJ 1985 L 233, p. 20);

— Council Directive 87/18/EEC of 18 December 1986 on
the harmonisation of laws, regulations and administrative
practice relating to the application of good laboratory
practice and the verification of their application for tests
on chemical substances (OJ 1987 L 15, p; 29);

— Council Directive 93/12/EEC of 23 March 1993 relating
to the sulphur content of certain liquid fuels (OJ 1993
L 74, p. 81), as amended by Directive 98/70/EC of the
European Parliament and of the Council of 13 October
1998 (OJ 1998 L 350, p. 58);

— Council Directive 79/113/EEC of 19 December 1978 on
the approximation of the laws of the Member States
relating to the determination of the noise emission of
construction plant and equipment (OJ 1979 L 33, p. 15),
as amended by Commission Directive 85/405/EEC of
11 July 1985 (OJ 1985 L 233, p. 9);

— Council Directive 84/533/EEC of 17 September 1984 on
the approximation of the laws of the Member States
relating to the permissible sound power level of com-
pressors (OJ 1984 L 300, p; 123), as amended by
Commission Directive 85/406/EEC of 11 July 1985 (OJ
1985 L 233, p. 11);

— Council Directive 84/534/EEC of 17 September 1984 on
the approximation of the laws of the Member States
relating to the permissible sound power level of tower
cranes (OJ 1984 L 300, p. 130), as amended by Council
Directive 87/405/EEC of 25 June 1987 (OJ 1987 L 220,
p. 60);

— Council Directive 84/535/EEC of 17 September 1984 on
the approximation of the laws of the Member States
relating to the permissible sound power level of welding
generators (OJ 1984 L 300, p. 142), as amended by
Commission Directive 85/407/EEC of 11 July 1985 (OJ
1985 L 233, p. 16);

— Council Directive 84/538/EEC of 17 September 1984 on
the approximation of the laws of the Member States
relating to the permissible sound power level of lawn-
mowers (OJ 1984 L 300, p. 171), as amended by Council
Directive 88/181/EEC of 22 March 1988 (OJ 1988 L 81,
p. 71);

— Council Directive 86/594/EEC of 1 December 1986 on
airborne noise emitted by household appliances (OJ 1986
L 344, p. 24);

— Council Directive 86/662/EEC of 22 December 1986 on
the limitation of noise emitted by hydraulic excavators,
rope-operated excavators, dozers, loaders and excavator-
loaders (OJ 1986 L 384, p. 1), as amended by Directive
95/27/EC of the European Parliament and of the Council
of 29 June 1995 (OJ 1995 L 168, p. 14);

— European Parliament and Council Directive 94/62/EC of
20 December 1994 on packaging and packaging waste
(OJ 1994 L 365, p. 10) and

— Commission Directive 97/35/EC of 18 June 1997 adapt-
ing to technical progress for the second time Council
Directive 90/220/EEC on the deliberate release into the
environment of genetically modified organisms (OJ 1997
L 169, p. 72),

or, in any event, by failing to inform the Commission of the
adoption of such provisions, the United Kingdom of Great
Britain and Northern Ireland has failed to fulfil its obligations
under those directives, the Court, composed of: G.C. Rodríguez
Iglesias,
and
R. Schintgen (Presidents of Chambers), C. Gulmann,
D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,
N. Colneric (Rapporteur), S. von Bahr and J.N. Cunha Rodri-
gues, Judges; A. Tizzano, Advocate General; R. Grass, Registrar,
has given a judgment on 23 September 2003, in which it:

Puissochet, M. Wathelet

President,

J.-P.

1. Dismisses the application.

2. Orders the Commission of the European Communities to pay

the costs.

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

— Council Directive 84/536/EEC of 17 September 1984 on
the approximation of the laws of the Member States
relating to the permissible sound power level of power
generators (OJ 1984 L 300, p. 149), as amended by
Commission Directive 85/408/EEC of 11 July 1985 (OJ
1985 L 233, p. 18);

(1) OJ C 108 of 7.4.2001.