Judgment of the Court (Sixth Chamber) of 14 April 2005 in Case C-146/04: Commission of the European Communities against the Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Directives 2000/69/EC and 2001/81/EC — Atmospheric pollutants — Failure to transpose)
Date: 2005-06-11
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, environmental protection, eutrophication, hydrocarbon, pollution control

C 143/12

EN

Official Journal of the European Union

11.6.2005

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

(Sixth Chamber)

of 14 April 2005

of 14 April 2005

in Case C-22/04 Commission of the European Commu-
nities v Hellenic Republic (1)

in Case C-146/04: Commission of the European Commu-
nities against the Kingdom of the Netherlands (1)

(Failure of a Member State to fulfil its obligations — Regu-
lation (EEC) No 2847/93 — Fishing vessels — Establishment
of a satellite-based position monitoring system — Failure to
transpose within the prescribed periods)

(Failure of a Member State to fulfil obligations — Directives
2000/69/EC and 2001/81/EC — Atmospheric pollutants —
Failure to transpose)

(2005/C 143/14)

(2005/C 143/15)

(Language of the case: Greek)

(Language of the case: Dutch)

In Case C-22/04 Commission of the European Communities
(Agents: M Condou-Durande and T. van Rijn) v Hellenic
Republic (Agents: A. Samoni-Rantou and S. Chala) — action
under Article 226 EC for failure to fulfil obligations, brought
on 26 January 2004 — the Court (Fifth Chamber), composed
of R. Silva de Lapuerta, President of the Chamber, J. Makarczyk
Judges; C. Stix-Hackl, Advocate
and P. Kūris (Rapporteur),
General; H. von Holstein, Deputy Registrar, for the Registrar,
gave a judgment on 14 April 2005, in which it:

In Case C-146/04, action for
failure to fulfil obligations
brought on 19 March 2004 under Article 226 EC, Commis-
sion of the European Communities (Agents: M. van Beel and
G. Valero Jordana) against Kingdom of the Netherlands
(agents: H.G. Sevenster and J. van Bakel), the Court (Sixth
Chamber), composed of A. Borg Barthet (Rapporteur), President
of the Chamber, S. von Bahr and J. Malenkovský, Judges, Advo-
cate General: P. Léger, Registrar: R. Grass, has given a judgment
on 14 April 2005 in which it:

1. Declares that by failing to ensure that fishing vessels which fly its
flag and must be equipped with satellite-tracking devices were in
fact equipped with such devices, according to the type of vessel
concerned, on 30 June 1998 or 1 January 2000, the Hellenic
Republic has failed to fulfil
its obligations under Article 3 of
Council Regulation (EEC) No 2847/93 of 12 October 1993
establishing a control system applicable to the common fisheries
policy, as amended by Council Regulation (EC) No 686/97 of 14
April 1997;

1. Declares that by failing to adopt the necessary laws, regulations
and administrative measures necessary to comply with Directive
2000/69/EC of the European Parliament and of the Council of
16 November 2000 relating to limit values for benzene and
carbon monoxide in ambient air and Directive 2001/81/EC of
the European Parliament and of the Council of 23 October 2001
on national emission ceilings for certain atmospheric pollutants,
the Kingdom of the Netherlands has failed to fulfil its obligations
under those directives;

2. Orders the Hellenic Republic to pay the costs.

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

(1) OJ C 85 of 3.4.2004.

(1) OJ C 106 of 30.4.2004.