CELEX: C2004/007/24
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 6 November 2003 in Case C-434/01: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats — Wild fauna and flora)

10.1.2004              EN                           Official Journal of the European Union                                                C 7/15
Chamber, C. Gulmann, J.N. Cunha Rodrigues, J.-P. Puissochet                 teur), F. Macken, N. Colneric and J.N. Cunha Rodrigues, Judges;
and F. Macken, Judges; J. Mischo, Advocate General; H. von                  A. Tizzano, Advocate General; R. Grass, Registrar, has given a
Holstein, Deputy Registrar, has given a judgment on 20 Nov-                 judgment on 6 November 2003, in which it:
ember 2003, in which it has ruled:
                                                                            1.    Dismisses the action.
1.   If, in the exercise of its power of administrative review of a
     merger of undertakings, the competent authority of a Member
     State deems it necessary to redistribute sugar production quotas       2.    Orders the Commission of the European Communities to pay
     among undertakings situated in its territory in order to                     the costs.
     safeguard competition, the provisions of Council Regulation
     (EEC) No 1785/81 of 30 June 1981 on the common
     organisation of the markets in the sugar sector and Council            (1) OJ C 31 of 2.2.2002.
     Regulation (EEC) No 193/82 of 26 January 1982 laying
     down general rules for transfers of quotas in the sugar sector
     preclude that authority from stipulating that such a transfer or
     reallocation of quotas should be for value.
2.   The entry into force of Council Regulation (EC) No 1260/
     2001 of 19 June 2001 on the common organisation of the
     markets in the sugar sector does not alter the interpretation of
                                                                                             JUDGMENT OF THE COURT
     Community law.
                                                                                                      (Fifth Chamber)
(1) OJ C 84 of 6.4.2002.
                                                                                                   of 6 November 2003
                                                                            in Case C-501/01: Kingdom of the Netherlands v Com-
                                                                                      mission of the European Communities (1)
                 JUDGMENT OF THE COURT
                                                                            (Commission Decision 2001/739/EC of 17 October 2001 on
                                                                            the total amount of Community aid for the eradication of
                         (Sixth Chamber)
                                                                                   classical swine fever in the Netherlands in 1998)
                      of 6 November 2003
                                                                                                       (2004/C 7/25)
in Case C-434/01: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern                                             (Language of the case: Dutch)
                             Ireland (1)
                                                                            (Provisional translation; the definitive translation will be published
(Failure of a Member State to fulfil obligations — Directive                                   in the European Court Reports)
92/43/EEC — Conservation of natural habitats — Wild
                          fauna and flora)
                           (2004/C 7/24)                                    In Case C-501/01, Kingdom of the Netherlands (Agents:
                                                                            H. G. Sevenster, C. Wissels and J. G. M. van Bakel) v
                   (Language of the case: English)                          Commission of the European Communities (Agent: T. van
                                                                            Rijn): Application for annulment of Commission Decision
                                                                            2001/739/EC of 17 October 2001 on the total amount of
                                                                            Community aid for the eradication of classical swine fever in
In Case C-434/01, Commission of the European Communities                    the Netherlands in 1998 (OJ 2001 L 277, p. 28), in so far as
(Agent: R. Wainwright) v United Kingdom of Great Britain and                the determination of the total amount of Community financial
Northern Ireland (Agents: G. Amodeo and K. Manji, assisted                  aid for the eradication of classical swine fever in the Nether-
by D. Anderson): Application for a declaration that, by not                 lands in 1998 provides for a reduction of 25 % of the
ensuring observance in its territory of Articles 12 and 16                  compensation paid to farmers, the Court (Fifth Chamber),
of Council Directive 92/43/EEC of 21 May 1992 on the                        composed of: C.W.A. Timmermans, President of the Fourth
conservation of natural habitats and of wild fauna and flora                Chamber, acting as President of the Fifth Chamber,
(OJ 1992 L 206, p. 7), the United Kingdom of Great Britain                  D.A.O. Edward (Rapporteur) and S. von Bahr, Judges; C. Stix-
and Northern Ireland has failed to fulfil its obligations under             Hackl, Advocate General; M.-F. Contet, Principal Adminis-
that directive, the Court (Sixth Chamber), composed of: J.-                 trator, for the Registrar, has given a judgment on 6 November
P. Puissochet, President of the Chamber, C. Gulmann (Rappor-                2003, in which it: