CELEX: C2003/158/10
Language: en
Date: 2003-07-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 15 May 2003 in Case C-419/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Directive 91/271/EEC — Article 5 — Urban waste water treatment — Failure to identify sensitive areas)

5.7.2003                 EN                          Official Journal of the European Union                                               C 158/7
1.    Article 73b(1) of the EC Treaty (now Article 56(1) EC)                 1.    Declares that, by failing to identify sensitive areas in the
      precludes an administrative authorisation procedure prior to                 intracommunal catchment area of the Autonomous Community
      acquisition of land, such as that established by the Vorarlberger            of Catalonia and the coastal waters of the Autonomous
      Grundverkehrsgesetz (Vorarlberg Land Transfer Law) of                        Communities of the Basque Country, Catalonia, Valencia, the
      23 September 1993, as amended in LGBl. 1997/85. It is for                    Balearic Islands and the Canary Islands, and of the autonomous
      the national court to determine whether such a procedure is                  city of Ceuta, the Kingdom of Spain failed to fulfil its
      covered by the derogation established by Article 70 of the Act               obligations under Article 5 of Council Directive 91/271/EEC
      concerning the conditions of accession of the Republic of                    of 21 May 1991 concerning urban waste water treatment;
      Austria, the Republic of Finland and the Kingdom of Sweden
      and the adjustments to the Treaties on which the European              2.    Dismisses the remainder of the application;
      Union is founded.
                                                                             3.    Orders the Kingdom of Spain to pay the costs.
2.    The Court of Justice of the European Communities has no
      jurisdiction to answer the third question submitted.
                                                                             (1 ) OJ C 348 of 8.12.2001.
( 1) OJ C 303 of 27.10.2001.
                                                                                               JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                                (Fourth Chamber)
                          (Sixth Chamber)                                                               of 15 May 2003
                           of 15 May 2003                                    in Case C-483/01: Commission of the European Communi-
                                                                                                   ties v French Republic ( 1)
in Case C-419/01: Commission of the European Communi-                        (Failure of a Member State to fulfil obligations — Directive
                    ties v Kingdom of Spain ( 1)
                                                                             96/29/Euratom — Protection of the health of workers and
                                                                             the general public against the dangers arising from ionising
(Failure by a Member State to fulfil its obligations —                                   radiation — Incomplete implementation)
Directive 91/271/EEC — Article 5 — Urban waste water
        treatment — Failure to identify sensitive areas)                                                (2003/C 158/11)
                           (2003/C 158/10)                                                        (Language of the case: French)
                    (Language of the case: Spanish)                          (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-483/01, Commission of the European Communities
                                                                             (Agent: R. Tricot) v French Republic (Agents: G. de Bergues
                                                                             and C. Isidoro): Application for a declaration that by failing to
In Case C-419/01, Commission of the European Communities                     adopt and, in any event, by failing to communicate to
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent:                        the Commission the laws, regulations and administrative
L. Fraguas Gadea): Application for a declaration that, by                    provisions necessary to comply with Council Directive 96/29/
identifying sensitive areas in only some regions of its territory,           Euratom of 13 May 1996 laying down basic safety standards
the Kingdom of Spain has failed to fulfil its obligations under              for the protection of the health of workers and the general
Article 5 of Council Directive 91/271/EEC of 21 May 1991                     public against the dangers arising from ionising radiation (OJ
concerning urban waste water treatment (OJ 1991 L 135,                       1996 L 159, p. 1), the French Republic has failed to fulfil its
p. 40), the Court (Sixth Chamber), composed of: J.-P. Puisso-                obligations under that directive, the Court (Fourth Chamber),
chet, President of the Chamber, R. Schintgen, C. Gulmann,                    composed of: C.W.A. Timmermans (Rapporteur), President of
F. Macken (Rapporteur) and J.N. Cunha Rodrigues, Judges;                     the Chamber, D.A.O. Edward and A. La Pergola, Judges;
F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a              A. Tizzano, Advocate General; R. Grass, Registrar, has given a
judgment on 15 May 2003, in which it has ruled:                              judgment on 15 May 2003, in which it: