do-me/EUR-LEX huggingface dataset:
Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-501/00: Kingdom of Spain v Commission of the European Communities (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 — Obligation to state reasons — Selective nature — General measure)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: European Commission, Spain, State aid, action for annulment (EU), investment abroad, tax relief

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:
Removal from the Register of Case T-312/99
Date: 2004-09-11
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), distributive trades, petrol

C 228/44

EN

Official Journal of the European Union

11.9.2004

Removal from the Register of Case T-308/99 (1)

(2004/C 228/101)

(Language of the case: Dutch)

of the European Communities has ordered the removal from
the Register of Case T-312/99, Technische Handelsonder-
neming Van Dooren B.V., supported by the Kingdom of the
Netherlands v Commission of the European Communities.

the President of

By order of 24 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-308/99, H. Peeters Service B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 63 of 4.3.2000.

(1) OJ C 63, 4.3.2000.

Removal from the Register of Case T: 220/02 (1)

Removal from the Register of Case T-310/99 (1)

(2004/C 228/102)

(Language of the case: Dutch)

the President of

By order of 11 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-310/99, Strijbos en zoon B.V., supported
by the Kingdom of the Netherlands v Commission of the Euro-
pean Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the Register of Case T-311/99 (1)

(2004/C 228/103)

(Language of the case: Dutch)

the President of

By order of 11 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-311/99, Tankstation Haarhuis B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the Register of Case T-312/99 (1)

(2004/C 228/104)

(Language of the case: Dutch)

By order of 11 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance

the President of

(2004/C 228/105)

(Language of the case: French)

By order of 12 May 2004, the Court of First Instance of the
European Communities (Single Judge: M.E. Martins Ribeiro),
has ordered the removal from the Register of Case T-220/02,
Antonio Silva v Commission of the European Communities.

(1) OJ C 247 of 12.10.2002.

Removal from the Register of Case T-242/03 (1)

(2004/C 228/106)

(Language of the case: German)

the Court of First

the Second
By order of 25 May 2004,
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-242/03, Ulf Jacoby v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM).

the President of
Instance of

(1) OJ C 200 of 23.8.2003.

Removal from the Register of Case T-380/03 (1)

(2004/C 228/107)

(Language of the case: German)

By order of 6 July 2004, the President of the Second Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-380/03, Korn-
og Foderstof Kompagniet v Commission of
the European
Communities.

(1) OJ C 21 of 24.1.2004.
Removal from the register of Case C-474/03
Date: 2004-09-11
Institutions: Court of Justice
Subjects: EC conformity marking, European Commission, Greece, action for failure to fulfil an obligation, cable transport, carriage of passengers, transport safety

11.9.2004

EN

Official Journal of the European Union

C 228/35

Removal from the register of Case C-454/02 (1)

Removal from the register of Case C-474/03 (1)

(2004/C 228/75)

(2004/C 228/77)

By order of 8 June 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-454/02 (reference for a preliminary ruling
from the Bundessozialgericht): Karin Bautz v AOK Baden-Würt-
temberg.

By order of 17 May 2004 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-474/03: Commission of
the European
Communities v Republic of Greece.

(1) OJ C 70 of 22.3.2003.

(1) OJ C 7 of 10.1.2004.

Removal from the register of Case C-76/03 (1)

(2004/C 228/76)

By order of 10 May 2004 the President of the Court of Justice
of the European Communities ordered the removal from the
the European
register of Case C-76/03: Commission of
Communities v Republic of Austria.

(1) OJ C 83 of 5.4.2003.

Removal from the register of Case C-538/03 (1)

(2004/C 228/78)

By order of 24 June 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-538/03: Commission of the European
Communities v Federal Republic of Germany.

(1) OJ C 71 of 20.3.2004.
Removal from the Register of Case T-308/99
Date: 2004-09-11
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), distributive trades, petrol

C 228/44

EN

Official Journal of the European Union

11.9.2004

Removal from the Register of Case T-308/99 (1)

(2004/C 228/101)

(Language of the case: Dutch)

of the European Communities has ordered the removal from
the Register of Case T-312/99, Technische Handelsonder-
neming Van Dooren B.V., supported by the Kingdom of the
Netherlands v Commission of the European Communities.

the President of

By order of 24 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-308/99, H. Peeters Service B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 63 of 4.3.2000.

(1) OJ C 63, 4.3.2000.

Removal from the Register of Case T: 220/02 (1)

Removal from the Register of Case T-310/99 (1)

(2004/C 228/102)

(Language of the case: Dutch)

the President of

By order of 11 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-310/99, Strijbos en zoon B.V., supported
by the Kingdom of the Netherlands v Commission of the Euro-
pean Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the Register of Case T-311/99 (1)

(2004/C 228/103)

(Language of the case: Dutch)

the President of

By order of 11 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-311/99, Tankstation Haarhuis B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the Register of Case T-312/99 (1)

(2004/C 228/104)

(Language of the case: Dutch)

By order of 11 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance

the President of

(2004/C 228/105)

(Language of the case: French)

By order of 12 May 2004, the Court of First Instance of the
European Communities (Single Judge: M.E. Martins Ribeiro),
has ordered the removal from the Register of Case T-220/02,
Antonio Silva v Commission of the European Communities.

(1) OJ C 247 of 12.10.2002.

Removal from the Register of Case T-242/03 (1)

(2004/C 228/106)

(Language of the case: German)

the Court of First

the Second
By order of 25 May 2004,
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-242/03, Ulf Jacoby v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM).

the President of
Instance of

(1) OJ C 200 of 23.8.2003.

Removal from the Register of Case T-380/03 (1)

(2004/C 228/107)

(Language of the case: German)

By order of 6 July 2004, the President of the Second Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-380/03, Korn-
og Foderstof Kompagniet v Commission of
the European
Communities.

(1) OJ C 21 of 24.1.2004.
Removal from the register of Case C-538/03
Date: 2004-09-11
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, gender equality, part-time employment

11.9.2004

EN

Official Journal of the European Union

C 228/35

Removal from the register of Case C-454/02 (1)

Removal from the register of Case C-474/03 (1)

(2004/C 228/75)

(2004/C 228/77)

By order of 8 June 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-454/02 (reference for a preliminary ruling
from the Bundessozialgericht): Karin Bautz v AOK Baden-Würt-
temberg.

By order of 17 May 2004 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-474/03: Commission of
the European
Communities v Republic of Greece.

(1) OJ C 70 of 22.3.2003.

(1) OJ C 7 of 10.1.2004.

Removal from the register of Case C-76/03 (1)

(2004/C 228/76)

By order of 10 May 2004 the President of the Court of Justice
of the European Communities ordered the removal from the
the European
register of Case C-76/03: Commission of
Communities v Republic of Austria.

(1) OJ C 83 of 5.4.2003.

Removal from the register of Case C-538/03 (1)

(2004/C 228/78)

By order of 24 June 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-538/03: Commission of the European
Communities v Federal Republic of Germany.

(1) OJ C 71 of 20.3.2004.
Removal from the Register of Case T-380/03
Date: 2004-09-11
Institutions: Court of First Instance
Subjects: European Commission, Russia, action for annulment (EU), delivery, rye

C 228/44

EN

Official Journal of the European Union

11.9.2004

Removal from the Register of Case T-308/99 (1)

(2004/C 228/101)

(Language of the case: Dutch)

of the European Communities has ordered the removal from
the Register of Case T-312/99, Technische Handelsonder-
neming Van Dooren B.V., supported by the Kingdom of the
Netherlands v Commission of the European Communities.

the President of

By order of 24 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-308/99, H. Peeters Service B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 63 of 4.3.2000.

(1) OJ C 63, 4.3.2000.

Removal from the Register of Case T: 220/02 (1)

Removal from the Register of Case T-310/99 (1)

(2004/C 228/102)

(Language of the case: Dutch)

the President of

By order of 11 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-310/99, Strijbos en zoon B.V., supported
by the Kingdom of the Netherlands v Commission of the Euro-
pean Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the Register of Case T-311/99 (1)

(2004/C 228/103)

(Language of the case: Dutch)

the President of

By order of 11 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-311/99, Tankstation Haarhuis B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the Register of Case T-312/99 (1)

(2004/C 228/104)

(Language of the case: Dutch)

By order of 11 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance

the President of

(2004/C 228/105)

(Language of the case: French)

By order of 12 May 2004, the Court of First Instance of the
European Communities (Single Judge: M.E. Martins Ribeiro),
has ordered the removal from the Register of Case T-220/02,
Antonio Silva v Commission of the European Communities.

(1) OJ C 247 of 12.10.2002.

Removal from the Register of Case T-242/03 (1)

(2004/C 228/106)

(Language of the case: German)

the Court of First

the Second
By order of 25 May 2004,
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-242/03, Ulf Jacoby v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM).

the President of
Instance of

(1) OJ C 200 of 23.8.2003.

Removal from the Register of Case T-380/03 (1)

(2004/C 228/107)

(Language of the case: German)

By order of 6 July 2004, the President of the Second Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-380/03, Korn-
og Foderstof Kompagniet v Commission of
the European
Communities.

(1) OJ C 21 of 24.1.2004.
Removal from the register of Case C-257/02
Date: 2004-09-11
Institutions: Court of Justice
Subjects: Austria, carriage of goods, charges for use of infrastructure, interpretation of the law, national implementing measure, toll

C 228/34

EN

Official Journal of the European Union

11.9.2004

Action brought on 2 August 2004 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

Removal from the register of Case C-322/02 (1)

(2004/C 228/72)

(Case C-333/04)

(2004/C 228/70)

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities on 2 August 2004 by the Commission of the European
Communities, represented by Denis Martin and Horstpeter
Kreppel, acting as Agents, with an address for service in
Luxembourg.

The Commission of the European Communities claims that the
Court should:

— declare that, by failing to adopt the laws, measures and
administrative provisions necessary to comply with Direc-
tive 1999/92/EC of the European Parliament and of the
Council of 16 December 1999 on minimum requirements
for improving the safety and health protection of workers
potentially at risk from explosive atmospheres (15th indivi-
dual Directive within the meaning of Article 16(1) of Direc-
tive 89/391/EEC), (1) the Grand Duchy of Luxembourg has
failed to fulfil its obligations under that directive;

— order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments:

By order of 17 May 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-322/02 (reference for a preliminary
ruling from the Sozialgericht Augsburg): Eva-Maria Weller v
Deutsche Angestellten-Krankenkasse.

(1) OJ C 289 of 23.11.2002.

Removal from the register of Case C-349/02 (1)

(2004/C 228/73)

By order of 3 May 2004 the President of the Court of Justice of
from the
the European Communities ordered the removal
register of Case C-349/02: Commission of
the European
Communities v Republic of Italy.

The period for transposing the directive expired on 30 June
2003.

(1) OJ C 289 of 23.11.2002.

(1) OJ L 23 of 28.1.2000, p. 57.

Removal from the register of Case C-257/02 (1)

Removal from the register of Case C-450/02 (1)

(2004/C 228/71)

(2004/C 228/74)

By order of 6 May 2004 the President of the Court of Justice of
the European Communities ordered the removal
from the
register of Case C-257/02 (reference for a preliminary ruling by
the Oberster Gerichtshof): Stuij en de Man B.V. v Republic of
Austria.

By order of 5 May 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-450/02 (reference for a preliminary ruling
from the Bundesfinanzhof): Finanzamt Kassel-Goethestraße v
Qualitair Engineering Services Ltd.

(1) OJ C 247 of 12.10.2002.

(1) OJ C 70 of 22.3.2003.
Removal from the Register of Case T-89/04
Date: 2004-09-11
Institutions: Court of First Instance
Subjects: Europol, action for annulment (EU), work contract

11.9.2004

EN

Official Journal of the European Union

C 228/45

Removal from the Register of Case T-423/03 (1)

Removal from the Register of Case T-89/04 (1)

(2004/C 228/108)

(Language of the case: Dutch)

the Second
By order of 24 May 2004,
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-423/03, Elisabeth Saskia SMIT v Europol.

the President of
Instance of

the Court of First

(1) OJ C 47 of 21.2.2004.

(2004/C 228/109)

(Language of the case: Dutch)

By order of 24 May 2004, the President of the First Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-89/04, C.I.
Bieger v Europol.

(1) OJ C 106 of 30.4.2004.
Removal from the register of Case C-454/02
Date: 2004-09-11
Institutions: Court of Justice
Subjects: freedom to provide services, health insurance, interpretation of the law, physician, social-security benefit

11.9.2004

EN

Official Journal of the European Union

C 228/35

Removal from the register of Case C-454/02 (1)

Removal from the register of Case C-474/03 (1)

(2004/C 228/75)

(2004/C 228/77)

By order of 8 June 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-454/02 (reference for a preliminary ruling
from the Bundessozialgericht): Karin Bautz v AOK Baden-Würt-
temberg.

By order of 17 May 2004 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-474/03: Commission of
the European
Communities v Republic of Greece.

(1) OJ C 70 of 22.3.2003.

(1) OJ C 7 of 10.1.2004.

Removal from the register of Case C-76/03 (1)

(2004/C 228/76)

By order of 10 May 2004 the President of the Court of Justice
of the European Communities ordered the removal from the
the European
register of Case C-76/03: Commission of
Communities v Republic of Austria.

(1) OJ C 83 of 5.4.2003.

Removal from the register of Case C-538/03 (1)

(2004/C 228/78)

By order of 24 June 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-538/03: Commission of the European
Communities v Federal Republic of Germany.

(1) OJ C 71 of 20.3.2004.
Removal from the Register of Case T-310/99
Date: 2004-09-11
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), distributive trades, petrol

C 228/44

EN

Official Journal of the European Union

11.9.2004

Removal from the Register of Case T-308/99 (1)

(2004/C 228/101)

(Language of the case: Dutch)

of the European Communities has ordered the removal from
the Register of Case T-312/99, Technische Handelsonder-
neming Van Dooren B.V., supported by the Kingdom of the
Netherlands v Commission of the European Communities.

the President of

By order of 24 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-308/99, H. Peeters Service B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 63 of 4.3.2000.

(1) OJ C 63, 4.3.2000.

Removal from the Register of Case T: 220/02 (1)

Removal from the Register of Case T-310/99 (1)

(2004/C 228/102)

(Language of the case: Dutch)

the President of

By order of 11 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-310/99, Strijbos en zoon B.V., supported
by the Kingdom of the Netherlands v Commission of the Euro-
pean Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the Register of Case T-311/99 (1)

(2004/C 228/103)

(Language of the case: Dutch)

the President of

By order of 11 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-311/99, Tankstation Haarhuis B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the Register of Case T-312/99 (1)

(2004/C 228/104)

(Language of the case: Dutch)

By order of 11 May 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance

the President of

(2004/C 228/105)

(Language of the case: French)

By order of 12 May 2004, the Court of First Instance of the
European Communities (Single Judge: M.E. Martins Ribeiro),
has ordered the removal from the Register of Case T-220/02,
Antonio Silva v Commission of the European Communities.

(1) OJ C 247 of 12.10.2002.

Removal from the Register of Case T-242/03 (1)

(2004/C 228/106)

(Language of the case: German)

the Court of First

the Second
By order of 25 May 2004,
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-242/03, Ulf Jacoby v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM).

the President of
Instance of

(1) OJ C 200 of 23.8.2003.

Removal from the Register of Case T-380/03 (1)

(2004/C 228/107)

(Language of the case: German)

By order of 6 July 2004, the President of the Second Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-380/03, Korn-
og Foderstof Kompagniet v Commission of
the European
Communities.

(1) OJ C 21 of 24.1.2004.