CELEX: C2002/118/05
Language: en
Date: 2002-05-18 00:00:00
Title: Judgment of the Court (Fifth Chamber) 14 March 2002 in Case C-132/99: Kingdom of the Netherlands v Commission of the European Communities (EAGGF — Clearance of accounts — 1995 financial year — Aid to hemp production)

18.5.2002               EN                      Official Journal of the European Communities                                             C 118/3
2.    Orders the Hellenic Republic to pay the costs.                       2.    Annuls Commission Decision 1999/187/EC of 3 February
                                                                                 1999 on the clearance of the accounts presented by the Member
                                                                                 States in respect of the expenditure for 1995 of the Guarantee
(1) OJ C 20 of 23.1.1999.                                                        Section of the European Agricultural Guidance and Guarantee
                                                                                 Fund in so far as it excludes from Community financing
                                                                                 ESP 1 355 544 657, representing the interest payable in the
                                                                                 context of the additional levy on milk and milk-related products;
                                                                           3.    Dismisses the remainder of the application;
                                                                           4.    Orders the Kingdom of Spain to pay the costs.
                 JUDGMENT OF THE COURT
                                                                           (1) OJ C 204 of 17.7.1999.
                         (Sixth Chamber)
                           21 March 2002
in Case C-130/99: Kingdom of Spain v Commission of the
                   European Communities (1)
                                                                                             JUDGMENT OF THE COURT
(EAGGF — Clearance of accounts — Financial years
                          1995 and 1996)                                                              (Fifth Chamber)
                          (2002/C 118/04)                                                              14 March 2002
                   (Language of the case: Spanish)                         in Case C-132/99: Kingdom of the Netherlands v Com-
                                                                                     mission of the European Communities (1)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                          (EAGGF — Clearance of accounts — 1995 financial year
                                                                                               — Aid to hemp production)
                                                                                                      (2002/C 118/05)
In Case C-130/99, Kingdom of Spain (Agent: M. López-Monı́s
Gallego) v Commission of the European Communities (Agent:
J. Guerra Fernández): Application for partial annulment of                                     (Language of the case: Dutch)
Commission Decision 1999/186/EC of 3 February 1999
excluding from Community financing certain expenditure
                                                                           (Provisional translation; the definitive translation will be published
incurred by the Member States under the Guarantee Section of
                                                                                               in the European Court Reports)
the European Agricultural Guidance and Guarantee Fund
(EAGGF) (OJ 1999 L 61, p. 34) and Commission Decision
1999/187/EC of 3 February 1999 on the clearance of the
accounts presented by the Member States in respect of the
expenditure for 1995 of the Guarantee Section of the European              In Case C-132/99, Kingdom of the Netherlands (Agents: M. A.
Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 1999                  Fierstra and J. van Bakel), supported by Kingdom of Spain
L 61, p. 37), in so far as it concerns the Kingdom of Spain, the           (Agent: M. López-Monı́s Gallego) v Commission of the Euro-
Court (Sixth Chamber), composed of: F. Macken (Rapporteur),                pean Communities (Agents: T. van Rijn and C. van der
President of the Chamber, C. Gulmann, R. Schintgen, V. Skou-               Hauwaert): Application for partial annulment of Commission
ris and J.N. Cunha Rodrigues, Judges; F.G. Jacobs, Advocate                Decision 1999/187/EC of 3 February 1999 on the clearance
General; R. Grass, Registrar, has given a judgment on 21 March             of the accounts presented by the Member States in respect of
2002, in which it:                                                         the expenditure for 1995 of the Guarantee Section of the
                                                                           European Agricultural Guidance and Guarantee Fund (OJ 1999
                                                                           L 61, p. 37), in so far as it requires a correction of 50 % of the
1.    Annuls Commission Decision 1999/186/EC of 3 February                 expenditure declared by the Kingdom of the Netherlands in
      1999 excluding from Community financing certain expenditure          respect of hemp production aid, namely a correction of
      incurred by the Member States under the Guarantee Section of         NLG 117 277, the Court (Fifth Chamber), composed of: P. Jann
      the European Agricultural Guidance and Guarantee Fund                (Rapporteur), President of the Chamber, D.A.O. Edward,
      (EAGGF) in so far as it excludes from Community financing            A. La Pergola, M. Wathelet and C.W.A. Timmermans, Judges;
      the expenditure incurred by the Kingdom of Spain before              D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
      12 March 1996 in respect of production aid for olive oil;            has given a judgment on 14 March 2002, in which it:
 ---pagebreak--- C 118/4                 EN                      Official Journal of the European Communities                                      18.5.2002
1.    Dismisses the application;                                           (1) by failing to adopt all the measures necessary to
                                                                                implement Articles 4(1), second subparagraph, 4(2), 7,
                                                                                11 and 14 of Council Directive 85/384/EEC of 10 June
2.    Orders the Kingdom of the Netherlands to pay the costs;                   1985 on the mutual recognition of diplomas, certificates
                                                                                and other evidence of formal qualifications in architec-
                                                                                ture, including measures to facilitate the effective exercise
3.    Orders the Kingdom of Spain to bear its own costs.                        of the right of establishment and freedom to provide
                                                                                services (OJ 1985 L 223, p. 15), as amended by Council
                                                                                Directive 86/17/EEC of 27 January 1986 amending, on
                                                                                account of the accession of Portugal, Directive 85/384
(1) OJ C 226 of 7.8.1999.                                                       (OJ 1986 L 27, p. 71, and — corrigendum — L 87,
                                                                                p. 36);
                                                                           (2) by adopting
                                                                                —     Article 4(2)(a) of Legislative Decree No 129 of the
                                                                                      President of the Republic of 27 January 1992
                                                                                      (GURI No 41 of 19 February 1992, p. 18) and
                                                                                      Article 4(1)(a) of Decree No 776 of the Minister
                                                                                      for Universities and Scientific and Technological
                                                                                      Research of 10 June 1994 (GURI No 234 of
                                                                                      6 October 1995, p. 3), which impose a general
                 JUDGMENT OF THE COURT                                                obligation to produce the original diploma or a
                                                                                      certified copy thereof,
                          (Fifth Chamber)                                       —     Article 4(2)(c) of Decree No 129/92 and
                                                                                      Article 4(1)(c) of Decree No 776/94, which impose
                                                                                      a general obligation to produce a certificate of
                                                                                      nationality,
                           21 March 2002
                                                                                —     Article 4(3) of Decree No 129/92 and Article 10 of
                                                                                      Decree No 776/94, which require as a matter of
in Case C-298/99: Commission of the European Communi-                                 course an official translation of documents,
                     ties v Italian Republic (1)
                                                                                —     Article 11(1)(c) and (d) of Decree No 129/92, which
                                                                                      extends the validity of certificates beyond 5 August
(Failure by a Member State to fulfil its obligations —                                1987;
Directive 85/384/EEC — Mutual recognition of formal
qualifications in architecture — Access to the profession of
architect — Article 59 of the EC Treaty (now, afteramend-                  (3) by prohibiting architects providing services in Italy from
                       ment, Article 49 EC))                                    having an infrastructure in Italy (Article 9(1) of Decree
                                                                                No 129/92);
                                                                           (4) by requiring architects providing services to register with
                          (2002/C 118/06)
                                                                                the local provincial council of the professional body for
                                                                                architects (Article 9(3) of Decree No 129/92 and
                                                                                Articles 7 and 8 of Decree No 776/94) in a manner
                    (Language of the case: Italian)                             contrary to Article 22 of Directive 85/384, and
                                                                           (5) by applying Article 4(6) to 4(8) of Decree No 129/92 in
(Provisional translation; the definitive translation will be published          a manner contrary to Article 20(1) of Directive 85/384,
                   in the European Court Reports)                               the Italian Republic has failed to fulfil its obligations
                                                                                under Articles 12, 20, 22, 27 and 31 of Directive 85/384
                                                                                and, in respect of point 3 above, under Article 59 of the
                                                                                EC Treaty (now, after amendment, Article 49 EC),
                                                                           the Court (Fifth Chamber), composed of: P. Jann, President of
In Case C-298/99, Commission of the European Communities                   the Chamber, S. von Bahr, D.A.O. Edward (Rapporteur), A. La
(Agents: E. Traversa and E. Montaguti) v Italian Republic                  Pergola and C.W.A. Timmermans, Judges; S. Alber, Advocate
(Agent: U. Leanza, assisted by G. Aiello): Application for a               General; L. Hewlett, Administrator, for the Registrar, has given
declaration that:                                                          a judgment on 21 March 2002, in which it: