Judgment of the Court (Fourth Chamber) of 12 May 2005 in Case C-42/04: Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven in Maatschap J. B. en R. A. M. Elshof v Minister van Landbouw, Natuur en Voedselkwaliteit (Foot and mouth disease — Regulation (EC) No 1046/2001 — Grant of aid for the delivery of animals destined for rendering — Upper limit of aid determined on the basis of the average weight of animals per batch)
Date: 2005-07-09
Institutions: Court of Justice
Subjects: Netherlands, State aid, aid system, beef, foot-and-mouth disease, interpretation of the law, pigmeat

9.7.2005

EN

Official Journal of the European Union

C 171/3

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Articles 3 to 7,
8(2) and 9 of Directive 1999/95/EC of the European Parliament
and of the Council of 13 December 1999 concerning the enforce-
ment of provisions in respect of seafarers' hours of work on board
ships calling at Community ports, the Italian Republic has failed
to fulfil its obligations under that directive;

necessary

provisions

1. Declares that by failing to adopt the laws, regulations and admin-
istrative
comply with Directive
2001/29/EC of the European Parliament and of the Council of
22 May 2001 on the harmonisation of certain aspects of copy-
right and related rights in the information society, the Kingdom of
Spain has failed to fulfil its obligations under that directive

to

2. Dismisses the remainder of the action;

3. Orders the Italian Republic to pay the costs.

(1) OJ C 304 of 13.12.2003.

2. Orders the Kingdom of Spain to pay the costs

(1) OJ C 71 of 20.03.2004.

JUDGMENT OF THE COURT

(Third Chamber)

of 28 April 2005

in Case C-31/04: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2001/29/EC — Harmonisation of certain aspects of
copyright and related rights in the information society —
Failure to transpose within the period prescribed)

(2005/C 171/05)

(Language of the case: Spanish)

JUDGMENT OF THE COURT

(Fourth Chamber)

of 12 May 2005

in Case C-42/04: Reference for a preliminary ruling from
the College van Beroep voor het bedrijfsleven in
Maatschap J. B. en R. A. M. Elshof v Minister van Land-
bouw, Natuur en Voedselkwaliteit (1)

(Foot and mouth disease — Regulation (EC) No 1046/2001
— Grant of aid for the delivery of animals destined for
rendering — Upper limit of aid determined on the basis of
the average weight of animals per batch)

(2005/C 171/06)

(Language of the case: Dutch)

In Case C-31/04: Commission of the European Communities
(Agents: K. Banks and F. Castillo de la Torre) v Kingdom of
Spain (Agent: M. Muñoz Pérez) — Action for failure to fulfil
obligations under Article 226 EC, brought on 29 March 2004
— the Court (Third Chamber), composed of A. Rosas, President
of the Chamber, A. Borg Barthet, A. La Pergola, J. Malenovský
(Rapporteur) and A. Ó. Caoimh, Judges; A. Tizzano, Advocate
General; R. Grass, Registrar, gave a judgment on 28 April
2005, in which it:

In Case C-42/04: reference for a preliminary ruling under
Article 234 EC from the College van Beroep voor het bedrijf-
sleven (Netherlands), made by decision of 23 January 2004,
received at the Court on 3 February 2004, in the proceedings
between Maatschap J. B. en R. A. M. Elshof and Minister van
Landbouw, Natuur en Voedselkwaliteit — the Court (Fourth
Chamber), composed of K. Lenaerts (Rapporteur), President of
Judges; M. Poiares
the Chamber, N. Colneric and E. Levits,
Maduro, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, gave a judgment on 12 May 2005, the
operative part of which is as follows:

C 171/4

EN

Official Journal of the European Union

9.7.2005

The term 'batch' within the meaning of Article 4(3) of Commission
Regulation (EC) No 1046/2001 of 30 May 2001 adopting excep-
tional support measures for the markets in pigmeat and veal in the
Netherlands refers to all calves which are delivered for rendering by a
producer on one day in connection with one sales transaction.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 94 of 17.04.2004

(1) OJ C 85 of 03.04.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 12 May 2005

in Case C-99/04: Commission of the European Commu-
nities v Italian Republic (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2001/80/EC — Failure to transpose)

(2005/C 171/07)

(Language of the case: Italian)

In Case C-99/04 Commission of the European Communities
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agents: I.M. Braguglia assisted by G. Fiengo) — Action for
failure to fulfil obligations under Article 226 EC, brought on
26 February 2004 — the Court (Fourth Chamber), composed
of K. Lenaerts, President of the Chamber, K. Schiemann and E.
Juhász, Judges; M. Poiares Maduro, Advocate General; R. Grass,
Registrar, gave a judgment on 12 May 2005, in which it:

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2001/80/EC of the European Parliament and of the Council of
23 October 2001 on the limitation of emissions of certain pollu-
tants into the air
the Italian
Republic has failed to fulfil its obligations under that directive.

from large combustion plants,

JUDGMENT OF THE COURT

(Fifth Chamber)

of 28 April 2005

in Case C-157/04: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure by a Member State to fulfil its obligations — Waste
management — Directives 75/442/EEC, 91/689/EEC and
1999/31/EC — Landfills at Punta de Avalos and Olvera)

(2005/C 171/08)

(Language of the case: Spanish)

In Case C-157/04, Commission of the European Communities
(Agents: G. Valero Jordana and M. Konstantinidis) v Kingdom
of Spain (Agent: L. Fraguas Gadea) — Action for failure to fulfil
obligations under Article 226 EC, brought on 29 March 2004
(Fifth Chamber), composed of R. Silva de
— the Court
Lapuerta, President of the Chamber, C. Gulmann and J. Klučka
(Rapporteur), Judges; M. Poiares Maduro, Advocate General; R.
Grass, Registrar, gave a judgment on 28 April 2005, in which
it:

1. Declares that, by failing to adopt the measures necessary to ensure
the application of Articles 4, 8, 9 and 13 of Council Directive
75/442/EEC of 15 July 1975 on waste, as amended by Council
Directive 91/156/EEC of 18 March 1991, Article 2 of Council
Directive 91/689/EEC of 12 December 1991 on hazardous
waste, and Article 14 of Council Directive 1999/31/EC of 26
April 1999 on the landfill of waste, the Kingdom of Spain has
failed to fulfil its obligations under those directives with respect to
the uncontrolled landfill in the Punta de Avalos area of the island
of Gomera (Autonomous Community of the Canary Islands).