Judgment of the Court (Fifth Chamber) 11 March 2004 In Case C-396/01: Commission of the European Communities v Ireland
Date: 2004-04-17
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, chemical salt, pollution from agricultural sources, water pollution

C 94/4

EN

Official Journal of the European Union

17.4.2004

that

stated on the export licence or where the export takes place
after the period of that licence's validity has expired. The
fact
the C sugar concerned did actually leave the
Community's customs territory is not conclusive in that
respect. The same is true where the customs authorities
have endorsed the licence extract for a quantity applied for,
but which does not reflect the manufacturer's real intentions
having regard to a customs declaration in a corrected form
corresponding to the amount actually exported.

2. On a proper construction of Article 24 of Commission
Regulation (EEC) No 3719/88 of 16 November 1988 laying
down common detailed rules for the application of the
system of import and export licences and advance-fixing
amended by
agricultural products,
certificates
Commission Regulation (EC) No 1199/95 of 29 May 1995,
the competent authority is not permitted to carry out a
correction of the tonnage stated on the export licence or
extract
therefrom where there is no inaccuracy in the
entries made in those documents themselves.

for

as

3. Examination of Article 24 of Regulation No 3719/88, as
amended by Regulation No 1199/95, has disclosed nothing
which might affect its validity.

4. In circumstances such as those in the case in the main
proceedings neither the national court nor the competent
authorities enjoy any discretion to vary downwards the
charge to be paid pursuant to Article 3 of Regulation No
2670/81, as amended by Regulation No 158/96.

5. Article 3 of Regulation No 2670/81 as amended is to be
interpreted as applying to an export of C sugar effected after
the corresponding export licence has expired, if the export
was made after the expiry of
the corresponding export
licence.

(1) OJ C 303 of 27.10.2001.

JUDGMENT OF THE COURT

(Fifth Chamber)

4 March 2004

In Case C-344/01: Federal Republic of Germany v Commis-
sion of the European Communities (1)

(EAGGF — Expenditure excluded from Community finan-
cing — Suckler cow premium — Checks carried out by
the Commission in certain Länder — Extrapolation of
findings to other Länder — Burden of proof — Duty of
cooperation in good faith)

(2004/C 94/06)

(Language of the case: German)

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

In Case C-344/01: Federal Republic of Germany (Agents: W.-D.
Plessing and M. Lumma) against Commission of the European
Communities (Agent: M. Niejahr), with an address for service in
Luxembourg: APPLICATION for the annulment of Commission
Decision 2001/557/EC of 11 July 2001excluding from Com-
munity financing certain expenditure incurred by the Member
States under the Guarantee Section of
the European Agri-
cultural Guidance and Guarantee Fund (EAGGF) (OJ 2001 L
200, p. 28),
in so far as it makes financial corrections in
respect of suckler cow premiums granted in 1995 and 1996,
which correspond to the 1996 and 1997 financial years, the
Court
(Fifth Chamber), composed of: C.W.A. Timmermans
(Rapporteur), acting for the President of the Fifth Chamber, A.
Rosas and A. La Pergola, Judges; P. Léger, Advocate General; M.
Múgica Arzamendi, Principal Administrator, for the Registrar,
has given a judgment on 4 March 2004, in which it:

1. Dismisses the application;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 317 of 10.11.2001.

JUDGMENT OF THE COURT

(Fifth Chamber)

11 March 2004

In Case C-396/01: Commission of the European Commu-
nities v Ireland (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 91/676/EEC — Protection of waters against pollution
caused by nitrates from agricultural sources — Identifica-
tion of waters affected by pollution and waters which
could be affected by pollution — Designation of vulner-
able zones which contribute to pollution — Establishment
of action programmes in respect of designated vulnerable
zones — Monitoring and review)

(2004/C 94/07)

(Language of the case: English)

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

In Case C-396/01: Commission of the European Communities
(Agent: R.B. Wainwright), with an address for service in Luxem-
bourg, against Ireland (Agent: D.J. O'Hagan), with an address
for service in Luxembourg: Application for a declaration that:
by failing, within the time-limits provided for in Council Direc-
tive 91/676/EEC of 12 December 1991 concerning the protec-
tion of waters against pollution caused by nitrates from agri-
cultural sources (OJ 1991 L 375, p. 1),

17.4.2004

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Official Journal of the European Union

C 94/5

— to identify completely waters pursuant to Article 3(1) in
accordance with the criteria set out in Annex I and to
notify these to the Commission,

— to designate vulnerable zones pursuant to Article 3(2) and/

or Article 3(4) thereof,

— to establish action programmes in accordance with Article

5 of the Directive, and

— to carry out correctly and completely monitoring and
review of waters in accordance with Article 6(1)(a), (b) and
(c) of the Directive,

Ireland has failed to fulfil its obligations thereunder, the Court
(Fifth Chamber), composed of: P. Jann, acting for the President
the Chamber, C.W.A. Timmermans and S. von Bahr
of
(Rapporteur),
Judges; L.A. Geelhoed, Advocate General; R.
Grass, Registrar, has given a judgment on 23 October 2003, in
which:

1) declares that by failing, within the time-limits provided for
in Council Directive 91/676/EEC of 12 December 1991
concerning the protection of waters against pollution
caused by nitrates from agricultural sources,

— to identify completely waters pursuant to Article 3(1) in

accordance with the criteria set out in Annex I,

— to designate vulnerable zones pursuant to Article 3(2) and/

or Article 3(4) thereof,

— to establish action programmes in accordance with Article

5 of the Directive, and

— to carry out correctly and completely monitoring and
review of waters in accordance with Article 6(1)(a), (b) and
(c) of the Directive,

(Language of the case: French)

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

In Case C-496/01: Commission of the European Communities
(Agent: M. Patakia), with an address for service in Luxembourg,
against French Republic (Agents: G. de Bergues and C. Bergeot-
Nunes):

— Application for a declaration that,

— by requiring that bio-medical analysis laboratories estab-
lished in other Member States have their place of business
in France in order to obtain the requisite operating authori-
sation;

by precluding any reimbursement of the costs of bio-medical
analyses carried out by a bio-medical analysis laboratory estab-
lished in another Member State,

the
French Republic has failed to fulfil its obligations under Articles
43 EC and 49 EC, the Court (Sixth Chamber), composed of: V.
Skouris, acting for the President of the Sixth Chamber, C.
J.-P. Puissochet, R. Schintgen and N. Colneric
Gulmann,
(Rapporteur),
J. Mischo, Advocate General; R. Grass,
Registrar, has given a judgment on 11 March 2004, in which
it: 1.

Judges;

— Declares that, by imposing on bio-medical analysis labora-
tories established in other Member States, a requirement
that they have a place of business in France in order to
obtain the necessary operating authorisation and by
precluding any reimbursement of the costs of bio-medical
analyses carried out by a bio-medical analysis laboratory
established in another Member State, the French Republic
has failed to fulfil its obligations under Article 49 EC;

2. Dismisses the remainder of the application;

Ireland has failed to fulfil its obligations thereunder.

3. Orders each party to bear its own costs.

2) Orders Ireland to bear the costs.

(1) OJ C 369 of 22.12.2001.

(1) OJ C 44 of 16.02.2002.

JUDGMENT OF THE COURT

(Sixth Chamber)

11 March 2004

In Case C-496/01: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil
its obligations —
France — Freedom to provide services — Right of estab-
lishment — Rules governing bio-medical analysis labora-
tories — Conditions for the grant of an administrative
operating authorisation — Place of business in France)

JUDGMENT OF THE COURT

(Fifth Chamber)

11 March 2004

In Case C-9/02 (Reference for a preliminary ruling from
the Conseil d'État): Hughes de Lasteyrie du Saillant v
Ministère de l'Économie, des Finances et de l'Industrie (1)

(Freedom of establishment — Article 52 of the EC Treaty
(now, after amendment, Article 43 EC) — Tax legislation
— Transfer of residence for tax purposes to another
Member State — Methods of taxing increased value of
securities)

(2004/C 94/09)

(Language of the case: French)

(2004/C 94/08)

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