CELEX: C2002/144/12
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court (Fourth Chamber) 7 May 2002 in Case C-364/00: Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Directive 97/70/EC — Failure to implement within the prescribed period)

C 144/8                  EN                      Official Journal of the European Communities                                          15.6.2002
      which the insured person received a disability pension under a        concentrated butter intended for the manufacture of pastry
      national accident insurance scheme, without providing for the         products, ice-cream and other foodstuffs and, second, partial
      possibility of a prolongation of that period where a benefit of       annulment of Commission Decision 2000/449/EC of 5 July
      such a kind was paid under the legislation of another Member          2000 excluding from Community financing certain expendi-
      State.                                                                ture incurred by the Member States under the Guarantee
                                                                            Section of the European Agricultural Guidance and Guarantee
4.    Article 9a of Regulation No 1408/71, as amended and                   Fund (EAGGF) (OJ 2000 L 180, p. 49) in so far as it excludes
      updated by Regulation No 118/97, a provision which is                 from Community financing expenditure in the amount of
      incompatible with Articles 48(2) and 51 of the EC Treaty in           EUR 160 225 645 and EUR 3 188 322 respectively incurred
      so far as it excludes the possibility of taking into account, for     by the Kingdom of Belgium in the context of aid for the sale at
      the purposes of the prolongation of the reference period under        a reduced price of butter and the grant of aid for concentrated
      the legislation of a Member State, the periods during which           butter intended for the manufacture of pastry products, ice-
      industrial accident benefits were paid under the legislation of       cream and other foodstuffs, the Court (Sixth Chamber),
      another Member State, is invalid.                                     composed of: F. Macken, President of the Chamber, C. Gul-
                                                                            mann, J.-P. Puissochet, R. Schintgen and J. N. Cunha Rodrigues
                                                                            (Rapporteur), Judges; C. Stix-Hackl, Advocate General; L. Hew-
                                                                            lett, Administrator, for the Registrar, has given a judgment on
(1) OJ C 285 of 7.10.2000.                                                  18 April 2002, in which it:
                                                                            1.    Dismisses the application;
                                                                            2.    Orders the Kingdom of Belgium to pay the costs.
                  JUDGMENT OF THE COURT                                     (1) OJ C 355 of 9.12.2000.
                          (Sixth Chamber)
                            18 April 2002
in Case C-332/00: Kingdom of Belgium v Commission of
                  the European Communities (1)                                               JUDGMENT OF THE COURT
(Action for annulment — Clearance of EAGGF accounts —                                               (Fourth Chamber)
Non-recognition of expenditure — Financial years 1995 to
                                1997)
                                                                                                        7 May 2002
                           (2002/C 144/11)
                                                                            in Case C-364/00: Commission of the European Communi-
                                                                                        ties v Kingdom of the Netherlands (1)
                     (Language of the case: French)
                                                                            (Failure by a Member State to fulfil its obligations —
(Provisional translation; the definitive translation will be published      Directive 97/70/EC — Failure to implement within the
                    in the European Court Reports)                                                   prescribed period)
                                                                                                      (2002/C 144/12)
In Case C-332/00, Kingdom of Belgium (Agent: A. Snoecx) v
Commission of the European Communities (Agents: A. Bordes                                       (Language of the case: Dutch)
and M. Niejahr): Application for, first, annulment of Com-
mission Decision 2000/448/EC of 5 July 2000 amending
Decision 1999/187/EC on the clearance of the accounts                       (Provisional translation; the definitive translation will be published
presented by the Member States in respect of the expenditure                                   in the European Court Reports)
for 1995 of the Guarantee Section of the European Agricultural
Guidance and Guarantee Fund (EAGGF) (OJ 2000 L 180,
p. 46) in so far as it excludes from Community financing
expenditure in the amount of BEF 50 763 827 incurred by the                 In Case C-364/00, Commission of the European Communities
Kingdom of Belgium in the context of aid for the sale at a                  (Agent: T. van Rijn) v Kingdom of the Netherlands (Agent:
reduced price of butter and the grant of aid for butter and                 J. van Bakel): Application for a declaration that, by failing to
 ---pagebreak--- 15.6.2002               EN                      Official Journal of the European Communities                                            C 144/9
adopt, within the prescribed period, the laws, regulations and             declaration that, by not ensuring that by 31 December 1998
administrative measures necessary to implement the provisions              at the latest the discharges of urban waste water of the city of
of Council Directive 97/70/EC of 11 December 1997 setting                  Milan, located within a catchment area draining into areas of
up a harmonised safety regime for fishing vessels of 24 metres             the delta of the River Po and the north-west coast of the
in length and over (OJ 1998 L 34, p. 1), the Kingdom of the                Adriatic Sea defined by Decree-Law No 152 of the Italian
Netherlands has failed to fulfil its obligations under the EC              Republic of 11 May 1999, enacting provisions on the preven-
Treaty, the Court (Fourth Chamber), composed of: S. von Bahr               tion of water pollution and implementing Directive 91/271/
(Rapporteur), President of the Chamber, D. A. O. Edward and                EEC concerning urban waste-water treatment and Directive
A. La Pergola, Judges; S. Alber, Advocate General; R. Grass,               91/676/EEC of 12 December 1991 concerning the protection
Registrar, has given a judgment on 7 May 2002, in which it:                of waters against pollution caused by nitrates from agricultural
                                                                           sources (GURI of 29 May 1999, ord. suppl) as sensitive, within
                                                                           the meaning of Article 5 of Council Directive 91/271/EEC of
1.    Declares that, by failing to adopt, within the prescribed period,    21 May 1991 concerning urban waste-water treatment (OJ
      the laws, regulations and administrative measures necessary to       1991 L 135, p. 40), were subjected to more stringent
      comply with Council Directive 97/70/EC of 11 December                treatment than secondary treatment or an equivalent treatment
      1997 setting up a harmonised safety regime for fishing vessels       prescribed by Article 4 of that directive, the Italian Republic
      of 24 metres in length and over, the Kingdom of the                  has failed to fulfil its obligations under Article 5(2) of the
      Netherlands has failed to fulfil its obligations under that          aforementioned directive, as specified in Article 5(5), the
      directive.                                                           Court (Sixth Chamber), composed of: F. Macken (Rapporteur),
                                                                           President of the Chamber, N. Colneric, C. Gulmann,
                                                                           R. Schintgen and V. Skouris, Judges; F. G. Jacobs, Advocate
2.    Orders the Kingdom of the Netherlands to pay the costs.              General; R. Grass, Registrar, has given a judgment on 25 April
                                                                           2002, in which it:
(1) OJ C 355 of 9.12.2000.
                                                                           1.   Declares that, by not ensuring that, by 31 December 1998 at
                                                                                the latest, the discharges of urban waste water of the city of
                                                                                Milan, within a relevant catchment area draining into the areas
                                                                                of the delta of the River Po and the north-west coast of the
                                                                                Adriatic Sea defined by Decree-Law No 152 of the Italian
                                                                                Republic of 11 May 1999, enacting provisions on the
                 JUDGMENT OF THE COURT                                          prevention of water pollution and implementing Directive
                                                                                91/271/EEC concerning urban waste-water treatment and
                                                                                Directive 91/676/EEC of 12 December 1991 concerning the
                          (Sixth Chamber)                                       protection of waters against pollution caused by nitrates from
                                                                                agricultural sources as sensitive, within the meaning of Article 5
                           25 April 2002                                        of Council Directive 91/271/EEC of 21 May 1991 concerning
                                                                                urban waste-water treatment, were subjected to more stringent
                                                                                treatment than secondary treatment or an equivalent treatment
in Case C-396/00: Commission of the European Communi-                           prescribed by Article 4 of that directive, the Italian Republic
                     ties v Italian Republic (1)                                has failed to fulfil its obligations under Article 5(2) of that
                                                                                same directive;
(Failure by a Member State to fulfil its obligations —
Directive 91/271/EEC — Urban waste-water treatment —
Urban waste-water of the city of Milan — Discharge in a
           sensitive area — Relevant catchment area)                       2.   Orders the Italian Republic to pay the costs.
                          (2002/C 144/13)
                    (Language of the case: Italian)
                                                                           (1) OJ C 28 of 27.1.2001.
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
In Case C-396/00, Commission of the European Communities
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agent: U. Leanza, assisted by M. Fiorilli); Application for a