CELEX: C2002/191/07
Language: en
Date: 2002-08-10 00:00:00
Title: Judgment of the Court of 18 June 2002 in Case C-242/00: Federal Republic of Germany v Commission of the European Communities (State aid — Proposed aid — Commission decision holding aid to be compatible with the common market — Measure not having an adverse effect — Regional aid — Definition of eligible regions)

10.8.2002                 EN                       Official Journal of the European Communities                                            C 191/5
2.    Directive 89/665, as amended by Directive 92/50, precludes              1.    Dismisses the action;
      national legislation from limiting review of the legality of the
      withdrawal of an invitation to tender to mere examination of
                                                                              2.    Orders the Federal Republic of Germany to pay the costs.
      whether it was arbitrary.
3.    Determination of the time to be taken into consideration for
      assessing the legality of the decision by the contracting authority     (1) OJ C 247 of 26.8.2000.
      to withdraw an invitation to tender is a matter for national
      law, provided that the relevant national rules are not less
      favourable than those governing similar domestic actions and
      that they do not make it practically impossible or excessively
      difficult to exercise rights conferred by Community law.
(1) OJ C 149 of 27.5.2000.
                                                                                               JUDGMENT OF THE COURT
                                                                                                        (Sixth Chamber)
                                                                                                        of 27 June 2002
                   JUDGMENT OF THE COURT
                            of 18 June 2002                                   in Case C-258/00: Commission of the European Communi-
                                                                                                   ties v French Republic (1)
in Case C-242/00: Federal Republic of Germany v Com-
           mission of the European Communities (1)                            (Failure to fulfil obligations — Directive 91/676/EEC —
                                                                              Protection of waters against pollution caused by nitrates
                                                                              from agricultural sources — Identification of waters affected
(State aid — Proposed aid — Commission decision holding                              by pollution — Designation of vulnerable zones)
aid to be compatible with the common market — Measure
not having an adverse effect — Regional aid — Definition
                           of eligible regions)                                                         (2002/C 191/08)
                            (2002/C 191/07)
                                                                                                  (Language of the case: French)
                     (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-258/00, Commission of the European Communities
In Case C-242/00, Federal Republic of Germany (Agent:                         (Agent: M. Nolin) v French Republic (Agent: J.-F. Dobelle and
W.-D. Plessing, assisted by R. M. Bierwagen) v Commission of                  D. Colas, and, subsequently, G. de Bergues and D. Colas),
the European Communities (Agents: K.-D. Borchardt and                         supported by Kingdom of Spain (Agent: S. Ortiz Vaamonde):
J. Macdonald Flett): Application for the annulment of Com-                    Application for a declaration that, by failing to take the
mission Decision 2001/272/EC of 14 March 2000 on the                          appropriate steps to identify waters affected by pollution
redefinition of assisted areas under the joint Federal Govern-                and, consequently, to designate the corresponding vulnerable
ment/Länder scheme for improving regional economic struc-                     zones, in accordance with Article 3 of and Annex I to Council
tures in Germany for the period 1 January 2000 to 31 Decem-                   Directive 91/676/EEC of 12 December 1991 concerning the
ber 2003 — West Germany and Berlin (OJ 2001 L 97, p. 27),                     protection of waters against pollution caused by nitrates from
the Court, composed of: G.C. Rodrı́guez Iglesias, President,                  agricultural sources (OJ 1991 L 375, p. 1), the French Republic
P. Jann, F. Macken and N. Colneric (Presidents of Chambers),                  has failed to fulfil its obligations under that directive, the
C. Gulmann, D.A.O. Edward, J.-P. Puissochet (Rapporteur),                     Court (Sixth Chamber), composed of: F. Macken (Rapporteur),
M. Wathelet, R. Schintgen, V. Skouris and C.W.A. Timmer-                      President of the Chamber, N. Colneric, C. Gulmann,
mans, Judges; J. Mischo, Advocate General; H.A. Rühl, Principal               R. Schintgen and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed,
Administrator, for the Registrar, has given a judgment on                     Advocate General; L. Hewlett, Administrator, for the Registrar,
18 June 2002, in which it has ruled:                                          has given a judgment on 27 June 2002, in which it: