Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-272/01: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Directive 76/160/EEC — Quality of bathing water — Failure to conform to limit values — Failure to identify all inland bathing areas in Portugal — Failure to collect a sufficient number of samples)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, bathing water, environmental standard, quality standard

11.9.2004

EN

Official Journal of the European Union

C 228/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Second Chamber)

of 15 July 2004

3) Orders Diputación Foral de Álava, Diputación Foral de Vizcaya,
Diputación Foral de Guipúzcoa, Juntas Generales de Guipúzcoa,
Gobierno del Pais Vasco and Unión de Empresas Siderurgicas to
bear their own costs.

(1) OJ C 79 of 10.3.2001.

in Case C-501/00: Kingdom of Spain v Commission of the
European Communities (1)

(Articles 4(c) CS and 67 CS — Commission Decision No
2496/96 ECSC — Export aid for steel undertakings —
Observance of a reasonable period — Tax deduction — Obli-
gation to state reasons — Selective nature — General
measure)

(2004/C 228/01)

(Language of the case: Spanish)

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

In Case C-501/00: Kingdom of Spain (Agent: S. Ortiz
Vaamonde) supported by Diputación Foral de Alava, Diputa-
ción Foral de Vizcaya, Diputación Foral de Guipúzcoa, Juntas
Generales de Guipúzcoa, Gobierno del País Vasco (Lawyer: R.
Falcón y Tella) and by Unión de Empresas Siderúrgicas (Unesid)
(Lawyers: L. Suárez de Lezo Mantilla and I. Alonso de Noriega
Satrústegui) v Commission of
the European Communities
(Agents: G. Rozet and G. Valero Jordana) — application for
annulment of Commission Decision of 31 October 2000 on
Spain's corporation tax laws (OJ 2001 L 60, p. 57) — the
Court (Second Chamber), composed of: C.W.A. Timmermans,
President of Chamber, J.-P. Puissochet, N. Cunha Rodrigues, R.
Schintgen (Rapporteur) and N. Colneric, Judges; A. Tizzano,
Advocate General; R. Grass, Registrar, gave a judgment on 15
July 2004, in which it:

JUDGMENT OF THE COURT

(Second Chamber)

of 15 July 2004

in Case C-272/01: Commission of the European Commu-
nities v Portuguese Republic (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 76/160/EEC — Quality of bathing water — Failure to
conform to limit values — Failure to identify all
inland
bathing areas in Portugal — Failure to collect a sufficient
number of samples)

(2004/C 228/02)

(Language of the case: Portuguese)

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

1) Dismisses the action.

2) Orders the Kingdom of Spain to pay the costs.

In Case C-272/01: Commission of the European Communities
(Agents: M.T. Figueira and G. Valero Jordana) against Portu-
guese Republic (Agents: L. Fernandes, M. Telles Romão and M.
João Lois) — application for a declaration by the Court that:

C 228/2

EN

Official Journal of the European Union

11.9.2004

— by failing to adopt all the measures necessary to ensure that
the quality of bathing water conforms to the values laid
down in Article 3 of Council Directive 76/160/EEC of 8
December 1975 concerning the quality of bathing water
(OJ 1976 L 31, p. 1),

— by failing to take samples at the minimum frequencies laid

down in the annex to that directive, and

— by failing to identify all

the inland bathing areas

in

Portugal,

the Portuguese Republic has failed to fulfil its obligations under
Article 4(1), in conjunction with Articles 1(2) and 3 and the
annex to the directive, and under Article 6(1) and (2) of the
directive

the Court (Second Chamber), composed of: C.W.A. Timmer-
mans, President of the Chamber, C. Gulmann, J. P. Puissochet,
J.N. Cunha Rodrigues and N. Colneric (Rapporteur), Judges; P.
Léger, Advocate General; R. Grass, Registrar, has given a judg-
ment on 15 July 2004 in which it:

1. Declares that, by failing to take all the measures necessary to
ensure that the quality of bathing water complies with the manda-
tory limit values laid down under Article 3 of Council Directive
76/160/EEC of 8 December 1975 concerning the quality of
bathing water, the Portuguese Republic has failed to fulfil its obli-
gations under Article 4(1) of the Directive, in conjunction with
Article 3 and the Annex to that Directive;

2. Dismisses the remainder of the application;

3. Orders each party to bear its own costs.

between Betriebsrat der Firma ADS Anker GmbH and ADS
Anker GmbH on the interpretation of Articles 4 and 11 of
Council Directive 94/45/EC of 22 September 1994 on the
establishment of a European Works Council or a procedure in
Community-scale undertakings and Community-scale groups of
informing and consulting
undertakings for the purposes of
employees (OJ 1994 L 254, p. 64) — the Court
(Sixth
Chamber), composed of: V. Skouris, acting as President of the
J.-P. Puissochet, F. Macken
Sixth Chamber, C. Gulmann,
(Rapporteur) and N. Colneric,
Judges; A. Tizzano, Advocate
General; H.A. Rühl, Registrar, gave a judgment on 15 July
2004, the operative part of which is as follows:

the purposes of

Article 4(1) and Article 11 of Council Directive 94/45/EC of 22
September 1994 on the establishment of a European Works Council
or a procedure in Community-scale undertakings and Community-
scale groups of undertakings for
informing and
consulting employees must be interpreted as meaning that Member
States are required to impose on undertakings established within their
territory and constituting the central management of a Community-
scale group of undertakings for the purposes of Article 2(1)(e) and
the Directive, or the deemed central management
Article 3(1) of
under the second subparagraph of Article 4(2), the obligation to
supply to another undertaking in the same group established in
another Member State the information requested from it by its
employees' representatives, where that information is not in the posses-
sion of that other undertaking and it is essential for opening negotia-
tions for the setting up of a European Works Council.

(1) OJ C 369 of 22.12.2001.

(1) OJ C 245 of 1.9.2001.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 15 July 2004

in Case C-349/01: Betriebsrat der Firma ADS Anker GmbH
v ADS Anker GmbH (1)

(Social policy — Articles 4 and 11 of Directive 94/45/CE —
European Works Council — Information and consultation of
workers in Community-scale undertakings — Obligation for
certain information to
central management

to provide

employees' representatives)

(Second Chamber)

of 15 July 2004

in Case C-381/01: Commission of the European Commu-
nities v Kingdom of Sweden (1)

(Failure of a Member State to fulfil obligations — Directive
77/388/EEC — VAT — Article 11(A)(1)(a) — Taxable
amount — Subsidy directly linked to the price — Regulation
(EC) No 603/95 — Aid granted in the dried fodder sector)

(2004/C 228/04)

(Language of the case: Italian)

(2004/C 228/03)

(Language of the case: German)

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

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

In Case C-349/01: reference to the Court under Article 234 EC
by the Arbeitsgericht (Labour Court) Bielefeld (Germany) for a
preliminary ruling in the proceedings pending before that court

In Case C-381/01: Commission of the European Communities
(Agent: E. Traversa) v Italian Republic (Agent:
I. Braguglia,
assisted by G. de Bellis) supported by Republic of Finland
(Agent: T. Pynnä) and by Kingdom of Sweden (Agent: A. Kruse)
— application for a declaration that, by failing to levy value
added tax on aid paid under Council Regulation (EC) No
603/95 of 21 February 1995 on the common organisation of