Judgment of the Court (Sixth Chamber) of 6 November 2003 in Case C-434/01: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats — Wild fauna and flora)
Date: 2004-01-10
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, protected area, protection of animal life, protection of plant life

10.1.2004

EN

Official Journal of the European Union

C 7/15

Chamber, C. Gulmann, J.N. Cunha Rodrigues, J.-P. Puissochet
and F. Macken, Judges; J. Mischo, Advocate General; H. von
Holstein, Deputy Registrar, has given a judgment on 20 Nov-
ember 2003, in which it has ruled:

teur), F. Macken, N. Colneric and J.N. Cunha Rodrigues, Judges;
A. Tizzano, Advocate General; R. Grass, Registrar, has given a
judgment on 6 November 2003, in which it:

1.

2.

If, in the exercise of its power of administrative review of a
merger of undertakings, the competent authority of a Member
State deems it necessary to redistribute sugar production quotas
to
among undertakings situated in its territory in order
safeguard competition, the provisions of Council Regulation
(EEC) No 1785/81 of 30 June 1981 on the common
organisation of the markets in the sugar sector and Council
Regulation (EEC) No 193/82 of 26 January 1982 laying
down general rules for transfers of quotas in the sugar sector
preclude that authority from stipulating that such a transfer or
reallocation of quotas should be for value.

The entry into force of Council Regulation (EC) No 1260/
2001 of 19 June 2001 on the common organisation of the
markets in the sugar sector does not alter the interpretation of
Community law.

(1) OJ C 84 of 6.4.2002.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 6 November 2003

in Case C-434/01: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure of a Member State to fulfil obligations — Directive
92/43/EEC — Conservation of natural habitats — Wild
fauna and flora)

(2004/C 7/24)

(Language of the case: English)

In Case C-434/01, Commission of the European Communities
(Agent: R. Wainwright) v United Kingdom of Great Britain and
Northern Ireland (Agents: G. Amodeo and K. Manji, assisted
by D. Anderson): Application for a declaration that, by not
ensuring observance in its territory of Articles 12 and 16
of Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora
(OJ 1992 L 206, p. 7), the United Kingdom of Great Britain
and Northern Ireland has failed to fulfil its obligations under
that directive, the Court (Sixth Chamber), composed of: J.-
P. Puissochet, President of the Chamber, C. Gulmann (Rappor-

1. Dismisses the action.

2. Orders the Commission of the European Communities to pay

the costs.

(1) OJ C 31 of 2.2.2002.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 6 November 2003

in Case C-501/01: Kingdom of the Netherlands v Com-
mission of the European Communities (1)

(Commission Decision 2001/739/EC of 17 October 2001 on
the total amount of Community aid for the eradication of
classical swine fever in the Netherlands in 1998)

(2004/C 7/25)

(Language of the case: Dutch)

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

In Case C-501/01, Kingdom of the Netherlands (Agents:
H. G. Sevenster, C. Wissels and J. G. M. van Bakel) v
Commission of the European Communities (Agent: T. van
Rijn): Application for annulment of Commission Decision
2001/739/EC of 17 October 2001 on the total amount of
Community aid for the eradication of classical swine fever in
the Netherlands in 1998 (OJ 2001 L 277, p. 28), in so far as
the determination of the total amount of Community financial
aid for the eradication of classical swine fever in the Nether-
lands in 1998 provides for a reduction of 25 % of the
compensation paid to farmers, the Court (Fifth Chamber),
composed of: C.W.A. Timmermans, President of the Fourth
Fifth Chamber,
Chamber,
D.A.O. Edward (Rapporteur) and S. von Bahr, Judges; C. Stix-
Hackl, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, has given a judgment on 6 November
2003, in which it:

acting as President of

the