Judgment of the Court (Fourth Chamber) of 8 July 2004 Case C-27/03: Commission of the European Communities v Kingdom of Belgium (Member State's failure to fulfil obligations — Environment — Directive 91/271/EEC — Decision 93/481/EEC — Collection and treatment of urban waste water — Failure to transpose within the period prescribed)
Date: 2004-08-28
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, action programme, urban area, wastewater, water treatment

C 217/4

EN

Official Journal of the European Union

28.8.2004

and control system for certain Community aid schemes, there is an
irregularity giving rise to a penalty under Article 10(2)(a) of that
regulation,
the competent authorities must apply retroactively the
provisions of Article 44(1) of Commission Regulation (EC) No
2419/2001 of 11 December 2001 laying down detailed rules for
applying the integrated administration and control system for certain
Community aid schemes established by Council Regulation (EEC) No
3508/92, on the ground that those provisions are less severe as
regards the conduct in question.

(1) OJ C 261 of 26.10.2002.

JUDGMENT OF THE COURT

(Third Chamber)

of 1 July 2004

in Joined Cases C-361/02 and C-362/02 (references for a
preliminary ruling from the the Diikitiko Efetio Piraeus):
Elliniko Dimosio v Nikolaos Tsapalos and Konstantinos
Diamantakis (1)

(Directive 76/308/EEC — Mutual assistance for the recovery
of customs duties — Application to claims which arose prior
to the entry into force of the Directive)

(2004/C 217/06)

(Language of the case: Greek)

trator, for the Registrar, has given a judgment on 1 July 2004,
in which it has ruled:

Council Directive 76/308/EEC of 15 March 1976 on mutual assis-
tance for the recovery of claims resulting from operations forming part
of the system of financing the European Agricultural Guidance and
Guarantee Fund, and of the agricultural levies and customs duties,
and in respect of value added tax and certain excise duties as amended
by the Act concerning the conditions of accession of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden and the
adjustments to the Treaties on which the European Union is founded,
is to be interpreted as applying to customs claims which arose in one
Member State under an instrument issued by that State before that
directive entered into force in the other Member State, where the
requested authority is situated.

(1) OJ C 305 of 7.12.2002.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 8 July 2004

Case C-27/03: Commission of the European Communities
v Kingdom of Belgium (1)

(Member State's failure to fulfil obligations — Environment
— Directive 91/271/EEC — Decision 93/481/EEC — Collec-
tion and treatment of urban waste water — Failure to trans-
pose within the period prescribed)

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

(2004/C 217/07)

(Language of the case: Dutch)

that

court

Elliniko

between

Dimosio

In Joined Cases C-361/02 and C-362/02: references to the
Court under Article 234 EC from the Diikitiko Efetio Piraeus
(Greece) for a preliminary ruling in the proceedings pending
before
and
Nikolaos Tsapalos (C-361/02), Konstantinos Diamantakis (C-
362/02) — on the interpretation of Article 1 of Council Direc-
tive 76/308/EEC of 15 March 1976 on mutual assistance for
the recovery of claims resulting from operations forming part
of the system of financing the European Agricultural Guidance
and Guarantee Fund, and of the agricultural levies and customs
duties, and in respect of value added tax and certain excise
duties (OJ 1976 L 73, p. 18), as amended by the Act
concerning the conditions of accession of
the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden
and the adjustment to the Treaties on which the European
Union is founded (OJ 1994 C 241, p. 21) — the Court (Third
Chamber), composed of: A. Rosas, President of the Chamber,
R. Schintgen (Rapporteur) and N. Colneric, Judges; J. Kokott,
Advocate General; M. Múgica Arzamendi, Principal Adminis-

In Case C-27/03: Commission of the European Communities
(Agents: G. Valero Jordana and M. van Beek) v Kingdom of
Belgium (Agent: A. Snoecx, assisted by A. Cornet) — applica-
tion for a declaration that, by failing to adopt the laws, regula-
tions or administrative provisions necessary to the full imple-
menting of Articles 3, 5 and 17 — the last being read in
conjunction with Articles 3 and 4 — of Directive 91/271/EEC
of the Council of 21 May 1991 concerning urban waste-water
treatment (OJ 1991 L 135, p. 40), and of Commission Decision
93/481/EEC of 28 July 1993 concerning formats for the
presentation of national programmes as foreseen by Article 17
of Directive 91/271/EEC (OJ 1993 L 226, p. 23), the Kingdom
of Belgium has failed to fulfil its obligations under that directive
and that decision — the Court (Fourth Chamber), composed of:
J.N. Cunha Rodrigues, President of the Chamber, J.-P. Puisso-
chet and F. Macken (Rapporteur), Judges; F.G. Jacobs, Advocate
General; R. Grass, Registrar, has given a judgment on 8 July
2004 in which it:

28.8.2004

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Official Journal of the European Union

C 217/5

1. Declares that, by failing to adopt the laws, regulations or adminis-
trative provisions necessary to the full implementing of Articles 3,
5 and 17 — the last being read in conjunction with Articles 3
and 4 — of Directive 91/271/EEC of the Council of 21 May
1991 concerning urban waste-water treatment (OJ 1991 L 135,
p. 40), and of Commission Decision 93/481/EEC of 28 July
1993 concerning formats
the presentation of national
programmes as foreseen by Article 17 of Directive 91/271/EEC
(OJ 1993 L 226, p. 23), the Kingdom of Belgium has failed to
fulfil its obligations under Article 226 EC and under that directive
and that decision.

for

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

(1) OJ C 70 of 22 March 2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 1 July 2004

in Case C-65/03: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil obligations — Articles
12 EC, 149 EC and 150 EC — Secondary education diploma
awarded in another Member State — Access to higher
education)

(2004/C 217/08)

(Language of the case: French)

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

In Case C-65/03: Commission of the European Communities
(Agent: D. Martin) v Kingdom of Belgium (Agent: A. Snoecx)
— application for a declaration that, by failing to take the
measures necessary to ensure that holders of secondary educa-
tion diplomas awarded in other Member States can gain access
to higher education organised by Belgium's French Community
under the same conditions as holders of the certificat d'en-
seignement
the Kingdom of
Belgium has failed to fulfil its obligations under Articles 12 EC,
149 EC and 150 EC — the Court (Third Chamber), composed
of: A. Rosas, President of the Chamber, R. Schintgen and N.
Colneric (Rapporteur), Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, has given a judgment on 1 July 2004, in
which it:

secondaire supérieur

(CESS),

1. Declares that, by failing to take the measures necessary to ensure
that holders of secondary education diplomas obtained in other
Member States can gain access to higher education organised by
conditions as
Belgium's French Community under
holders of
supérieur
(CESS), the Kingdom of Belgium has failed to fulfil its obligations

the
certificat d'enseignement

same
secondaire

the

under Article 12 EC, read in conjunction with Articles 149 EC
and 150 EC;

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

(1) OJ C 83 of 5.4.2003.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 8 July 2004

in Case C-127/03: Commission of the European Commu-
nities v Trendsoft (Irl) Ltd (1)

(Arbitration clause — Repayment of sums advanced —
Interest for late payment — Judgment by default)

(2004/C 217/09)

(Language of the case: English)

In Case C-127/03: Commission of the European Communities
(Agents: L. Flynn and C. Giolito) v Trendsoft (Irl) Ltd, estab-
lished in Dublin (Ireland), — application by the Commission of
the European Communities under Article 238 EC for repay-
ment of the sum of EUR 21 303 paid by the Commission to
the defendant in connection with the performance of contract
No EP 23697 together with interest for late payment — the
Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues,
the Chamber, F. Macken (Rapporteur) and K.
President of
Judges; M. Poiares Maduro, Advocate General; R.
Lenaerts,
Grass, Registrar, has given a judgment on 8 July 2004,
in
which it:

1. Orders Trendsoft (Irl) Ltd to pay the Commission of the European
Communities the sum of EUR 21 303 due as principal sum,
together with interest for late payment:

— at the rate of 6.09 % per annum from 31 August 2000 to

31 December 2002;

— at the rate of 8 % per annum from 1 January 2003 to the

date of the present judgment;

— at the annual rate applied under the law of Ireland, currently
section 26 of the Debtors (Ireland) Act, 1840, as amended,
in accordance with section 20 of the Courts Act, 1981, by
regulation 3 of the Courts Act, 1981 (Interest on Judgment
Debts) Order, 1989, up to a limit of a rate of 8.09 % per
annum, from the date of the present judgment;

2. Orders Trendsoft (Irl) Ltd to pay the costs.

(1) OJ C 112 of 10.5.2003.