Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-213/03 (reference for a preliminary ruling by the Cour de cassation): Syndicat professionnel coordination des pêcheurs de l'étang de Berre et de la region v Électricité de France (EDF) (Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention — Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources — Article 6(3) — Authorisation to discharge — Direct effect)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: interpretation of the law, saltwater, stagnant water, tradeable emission permit, water pollution

11.9.2004

EN

Official Journal of the European Union

C 228/13

1. By failing to adopt the laws, regulations and administrative provi-
sions necessary to comply with the provisions of Commission
Directive 2000/38/EC of 5 June 2000 amending Chapter Va
(Pharmacovigilance) of Council Directive 75/319/EEC on the
approximation of provisions laid down by law, regulation or
administrative action relating to medicinal products, the Federal
Republic of Germany has failed to fulfil its obligations under that
directive.

2. The Federal Republic of Germany is ordered to pay the costs.

(1) OJ C 146 of 21.6.2003.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 15 July 2004

in Case C-141/03: Commission of the European Commu-
nities against Kingdom of Sweden (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2002/52/EC — Failure to transpose within the prescribed
period)

(2004/C 228/24)

(Language of the case: Swedish)

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

failure to act,

In Case C-141/03 — application under Article 226 EC for a
declaration of
lodged on 28 March 2003,
Commission of the European Communities (Agents: J. Flett and
P. Hellström) against Kingdom of Sweden (Agent: A. Kruse) —
the Court (Sixth Chamber), composed of: J.-P. Puissochet, Presi-
dent of the Chamber, F. Macken (Rapporteur) and S. von Bahr,
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
has given a judgment on 15 July 2004, the operative part of
which is as follows:

By failing to adopt the laws, regulations and administrative
provisions necessary to comply with Commission Directive
2000/52/EC of 26 July 2000 amending Directive 80/723/EEC
on the transparency of
financial relations between Member
States and public undertakings, the Kingdom of Sweden has
failed to fulfil its obligations under that directive.

The Kingdom of Sweden is ordered to pay the costs.

(1) OJ C 146 of 21.6.2003

JUDGMENT OF THE COURT

(Second Chamber)

of 15 July 2004

in Case C-213/03 (reference for a preliminary ruling by the
Cour de cassation): Syndicat professionnel coordination
des pêcheurs de l'étang de Berre et de la region v Électri-
cité de France (EDF) (1)

(Convention for the Protection of the Mediterranean Sea
against Pollution (Barcelona Convention — Protocol for the
Protection of the Mediterranean Sea against Pollution from
Land-based Sources — Article 6(3) — Authorisation to
discharge — Direct effect)

(2004/C 228/25)

(Language of the case: French)

In Case C-213/03: reference to the Court under Article 234 EC
by the Cour de cassation (France) for a preliminary ruling in
the proceedings pending before that court between Syndicat
professionnel coordination des pêcheurs de l'étang de Berre et
de la region and Électricité de France (EDF) — on the interpre-
tation of Article 6(3) of the Protocol for the Protection of the
Mediterranean Sea against Pollution from Land-based Sources,
signed in Athens on 17 May 1980, approved by Council Deci-
sion 83/101/EEC of 28 February 1983 (OJ 1983 L 67, p. 1),
and of Article 6(1) of the Protocol as amended at the Confer-
ence of Plenipotentiaries held in Syracuse on 7 and 8 March
1996, which amendments were approved by Council Decision
1999/801/EC of 22 October 1999 (OJ 1999 L 322, p. 18) —
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 R. Schintgen (Rapporteur), Judges; D.
Ruiz-Jarabo Colomer, Advocate General; M. Múgica Arzamendi,
Principal Administrator, has given a judgment on 15 July
2004, the operative part of which is as follows:

1. Article 6(3) of the Protocol for the Protection of the Mediterranean
Sea against Pollution from Land-based Sources, signed in Athens
on 17 May 1980, approved by Council Decision 83/101/EEC of
28 February 1983 and, following its entry into force, Article 6(1)
of the Protocol as amended at the Conference of Plenipotentiaries
held in Syracuse on 7 and 8 March 1996, which amendments
were approved by Council Decision 1999/801/EC of 22 October
1999, have direct effect, so that any interested party is entitled to
rely on those provisions before the national courts.

C 228/14

EN

Official Journal of the European Union

11.9.2004

2. Those same provisions must be interpreted as prohibiting, without
an authorisation issued by the national competent authorities, the
discharge into a saltwater marsh communicating with the Mediter-
toxic, have an
ranean Sea of substances which, although not
adverse effect on the oxygen content of the marine environment.

(1) OJ C 158 of 5.7.2003.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 13 July 2004

JUDGMENT OF THE COURT

(First Chamber)

of 15 July 2004

in Case C-242/03 (reference for a preliminary ruling by the
Cour administrative): Ministre des Finances v Jean-Claude
Weidert and Élisabeth Paulus (1)

(Free movement of capital — Income tax — Special relief for
expenditure incurred on the acquisition of shares — Benefit
of the advantage restricted to the acquisition of shares in
companies established in the Member State concerned)

(2004/C 228/26)

(Language of the case: French)

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

In Case C-242/03: reference to the Court under Article 234 EC
by the Cour administrative (Luxembourg)
for a preliminary
ruling in the proceedings pending before that court between
Ministre des Finances and Jean-Claude Weidert and Élisabeth
Paulus — the Court (First Chamber), composed of: P.
Jann
(Rapporteur), President of the Chamber, A. Rosas and R. Silva
de Lapuerta,
J. Kokott, Advocate General; R. Grass,
Registrar, gave a judgment on 15 July 2004, the operative part
of which is as follows:

Judges;

Article 56(1) EC and Article 58(1)(a) EC preclude a legal provi-
sion of a Member State which denies the availability of income
tax relief to natural persons for the acquisition of shares repre-
senting cash contributions in capital companies established in
other Member States.

in Case C-277/03: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure of a Member State to fulfil its obligations — Envir-
onment — Directive 2000/53/EC — Non-transposition
within the prescribed period)

(2004/C 228/27)

(Language of the case: English)

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

In Case C-277/03: Commission of the European Communities
(Agents: X. Lewis and M. Konstantinidis,) v United Kingdom of
Great Britain and Northern Ireland (Agent: C. Jackson — appli-
cation for a declaration that, by not adopting the laws, regula-
tions and administrative provisions necessary to comply with
Directive 2000/53/EC of the European Parliament and of the
Council of 18 September 2000 on end-of life vehicles (OJ
2000 L 269, p. 34) or, in any event, by not communicating
those provisions to the Commission, the United Kingdom of
Great Britain and Northern Ireland has failed to fulfil its obliga-
tions under that directive, particularly Article 10(1) thereof,
and the EC Treaty — the Court (Sixth Chamber), composed of:
J.-P. Puissochet, President of the Chamber, F. Macken (Rappor-
teur), and S. von Bahr, Judges; M. Poiares Maduro, Advocate
General; R. Grass, Registrar, has given a judgment on 13 July
2004, in which it:

regulations and administrative provisions necessary

1. Declares that, by not adopting within the prescribed period the
laws,
to
comply with Directive 2000/53/EC of the European Parliament
and of the Council of 18 September 2000 on end-of life vehicles,
the United Kingdom of Great Britain and Northern Ireland has
failed to fulfil its obligations under that directive.

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 184 of 2.8.2003.

(1) OJ C 200 of 23.8.2003.