CELEX: C2000/316/06
Language: en
Date: 2000-11-04 00:00:00
Title: Judgment of the Court (Second Chamber) of 13 July 2000 in Case C-261/98: Commission of the European Communities v Portuguese Republic (Failure by a member State to fulfil its obligations — Directive 76/464/EEC — Aquatic pollution — Failure to transpose)

C 316/4                  EN                      Official Journal of the European Communities                                          4.11.2000
                 JUDGMENT OF THE COURT                                                         JUDGMENT OF THE COURT
                         (Second Chamber)                                                               (Sixth Chamber)
                            of 13 July 2000                                                               of 13 July 2000
in Case C-261/98: Commission of the European Communi-
                                                                            in Case C-412/98 (reference for a preliminary ruling from
                 ties v Portuguese Republic (1)
                                                                            the Cour d’Appel, Versailles): Group Josi Reinsurance
                                                                            Company SA v Universal General Insurance Company
(Failure by a member State to fulfil its obligations —                                                       (UGIC) (1)
Directive 76/464/EEC — Aquatic pollution — Failure to
                               transpose)
                                                                            (Brussels Convention — Personal scope — Plaintiff domi-
                                                                            ciled in a non-Contracting State — Material scope — Rules
                           (2000/C 316/06)                                  of jurisdiction in matters relating to insurance — Dispute
                                                                                             concerning a reinsurance contract)
                  (Language of the case: Portuguese)                                                     (2000/C 316/07)
(Provisional translation; the definitive translation will be published                             (Language of the case: French)
                    in the European Court Reports)
In Case C-261/98, Commission of the European Communities                    (Provisional translation; the definitive translation will be published
(Agent: M.F. de Sousa Fialho) v Portuguese Republic (Agents:                                      in the European Court Reports)
L. Fernandes, M. Telles Romäo and J. Lopes Fernandes), appli-
cation for a declaration that, by failing to adopt or communi-
cate a summary of the pollution reduction programmes laying                 In Case C-412/98: reference to the Court under the Protocol
down quality objectives and the results thereof for the 99                  of 3 June 1971 on the interpretation by the Court of Justice of
priority substances referred to in the first indent of List II of           the Convention of 27 September 1968 on Jurisdiction and the
the Annex to Council Directive 76/464/EEC of 4 May 1976                     Enforcement of Judgments in Civil and Commercial Matters
on pollution caused by dangerous substances discharged into                 from the Cour d’Appel, Versailles, France, for a preliminary
the aquatic environment of the Community (OJ 1976 L 129,                    ruling in the proceedings pending before that court between
p. 23), the Portuguese Republic has failed to fulfil its obli-              Group Josi Reinsurance Company SA and Universal General
gations under Article 7 of that directive and Article 189(3) of             Insurance Company (UGIC) — on the interpretation of the
the EC Treaty (now Article 249(3) EC) — the Court (Second                   provisions of Title II of the Convention of 27 September 1968,
Chamber), composed of: R. Schintgen, President of the Chamb-                cited above (OJ 1972 L 299, p. 32), as amended by the
er, G. Hirsch and V. Skouris (Rapporteur), Judges, A. Saggio,               Convention of 9 October 1978 on the Accession of the
Advocate General; R. Grass, Registrar, has given a judgment                 Kingdom of Denmark, Ireland and the United Kingdom of
on 13 July 2000, in which it:                                               Great Britain and Northern Ireland (OJ 1978 L 304, p. 1;
                                                                            amended version of the Convention at p. 77), by the Conven-
1.    Declares that, by failing to adopt water pollution reduction          tion of 25 October 1982 on the Accession of the Hellenic
      programmes laying down quality objectives to reduce pollution         Republic (OJ 1982 L 388, p. 1) and by the Convention of
      by the substances falling within the first indent of List II of the   26 May 1989 on the Accession of the Kingdom of Spain and
      Annex to Council Directive 76/464/EEC of 4 May 1976 on                the Portuguese Republic (OJ 1989 L 285, p. 1) — the Court
      pollution caused by dangerous substances discharged into the          (Sixth Chamber) composed of: J.C. Moitinho de Almeida,
      aquatic environment of the Community, the Portuguese Republic         President of the Chamber, R. Schintgen (Rapporteur), J.-P. Puis-
      has failed to fulfil its obligations under Article 7 of that          sochet, G. Hirsch and F. Macken, Judges; N. Fennelly, Advocate
      directive;                                                            General; D. Louterman-Hubeau, Principal Administrator, for
                                                                            the Registrar, has given a judgment on 13 July 2000, in which
                                                                            it has ruled:
2.    Orders the Portuguese Republic to pay the costs.
                                                                            1.    Title II of the Convention of 27 September 1968 on Jurisdiction
(1) OJ C 278 of 5.9.1998.                                                         and the Enforcement of Judgments in Civil and Commercial
                                                                                  Matters, as amended by the Convention of 9 October 1978 on
                                                                                  the Accession of the Kingdom of Denmark, Ireland and the
                                                                                  United Kingdom of Great Britain and Northern Ireland, by the
                                                                                  Convention of 25 October 1982 on the Accession of the