CELEX: C2002/191/08
Language: en
Date: 2002-08-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 27 June 2002 in Case C-258/00: Commission of the European Communities v French Republic (Failure to fulfil obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Identification of waters affected by pollution — Designation of vulnerable zones)

10.8.2002                 EN                       Official Journal of the European Communities                                            C 191/5
2.    Directive 89/665, as amended by Directive 92/50, precludes              1.    Dismisses the action;
      national legislation from limiting review of the legality of the
      withdrawal of an invitation to tender to mere examination of
                                                                              2.    Orders the Federal Republic of Germany to pay the costs.
      whether it was arbitrary.
3.    Determination of the time to be taken into consideration for
      assessing the legality of the decision by the contracting authority     (1) OJ C 247 of 26.8.2000.
      to withdraw an invitation to tender is a matter for national
      law, provided that the relevant national rules are not less
      favourable than those governing similar domestic actions and
      that they do not make it practically impossible or excessively
      difficult to exercise rights conferred by Community law.
(1) OJ C 149 of 27.5.2000.
                                                                                               JUDGMENT OF THE COURT
                                                                                                        (Sixth Chamber)
                                                                                                        of 27 June 2002
                   JUDGMENT OF THE COURT
                            of 18 June 2002                                   in Case C-258/00: Commission of the European Communi-
                                                                                                   ties v French Republic (1)
in Case C-242/00: Federal Republic of Germany v Com-
           mission of the European Communities (1)                            (Failure to fulfil obligations — Directive 91/676/EEC —
                                                                              Protection of waters against pollution caused by nitrates
                                                                              from agricultural sources — Identification of waters affected
(State aid — Proposed aid — Commission decision holding                              by pollution — Designation of vulnerable zones)
aid to be compatible with the common market — Measure
not having an adverse effect — Regional aid — Definition
                           of eligible regions)                                                         (2002/C 191/08)
                            (2002/C 191/07)
                                                                                                  (Language of the case: French)
                     (Language of the case: German)
                                                                              (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-258/00, Commission of the European Communities
In Case C-242/00, Federal Republic of Germany (Agent:                         (Agent: M. Nolin) v French Republic (Agent: J.-F. Dobelle and
W.-D. Plessing, assisted by R. M. Bierwagen) v Commission of                  D. Colas, and, subsequently, G. de Bergues and D. Colas),
the European Communities (Agents: K.-D. Borchardt and                         supported by Kingdom of Spain (Agent: S. Ortiz Vaamonde):
J. Macdonald Flett): Application for the annulment of Com-                    Application for a declaration that, by failing to take the
mission Decision 2001/272/EC of 14 March 2000 on the                          appropriate steps to identify waters affected by pollution
redefinition of assisted areas under the joint Federal Govern-                and, consequently, to designate the corresponding vulnerable
ment/Länder scheme for improving regional economic struc-                     zones, in accordance with Article 3 of and Annex I to Council
tures in Germany for the period 1 January 2000 to 31 Decem-                   Directive 91/676/EEC of 12 December 1991 concerning the
ber 2003 — West Germany and Berlin (OJ 2001 L 97, p. 27),                     protection of waters against pollution caused by nitrates from
the Court, composed of: G.C. Rodrı́guez Iglesias, President,                  agricultural sources (OJ 1991 L 375, p. 1), the French Republic
P. Jann, F. Macken and N. Colneric (Presidents of Chambers),                  has failed to fulfil its obligations under that directive, the
C. Gulmann, D.A.O. Edward, J.-P. Puissochet (Rapporteur),                     Court (Sixth Chamber), composed of: F. Macken (Rapporteur),
M. Wathelet, R. Schintgen, V. Skouris and C.W.A. Timmer-                      President of the Chamber, N. Colneric, C. Gulmann,
mans, Judges; J. Mischo, Advocate General; H.A. Rühl, Principal               R. Schintgen and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed,
Administrator, for the Registrar, has given a judgment on                     Advocate General; L. Hewlett, Administrator, for the Registrar,
18 June 2002, in which it has ruled:                                          has given a judgment on 27 June 2002, in which it:
 ---pagebreak--- C 191/6                    EN                       Official Journal of the European Communities                                          10.8.2002
1.     Declares that, by failing to take the appropriate steps to identify     1.    Dismisses the appeal;
       waters affected by pollution and, consequently, to designate the
       corresponding vulnerable zones, in accordance with Article 3 of         2.    Orders Ms Simon to pay the costs.
       and Annex I to Council Directive 91/676/EEC of 12 December
       1991 concerning the protection of waters against pollution
       caused by nitrates from agricultural sources, the French Republic       (1) OJ C 233 of 12.8.2000.
       has failed to fulfil its obligations under that directive;
2.     Orders the French Republic to pay the costs;
3.     Orders the Kingdom of Spain to bear its own costs.
(1) OJ C 247 of 26.8.2000.                                                                        JUDGMENT OF THE COURT
                                                                                                           (Fifth Chamber)
                                                                                                           of 20 June 2002
                                                                               in Case C-287/00: Commission of the European Communi-
                   JUDGMENT OF THE COURT                                                    ties v Federal Republic of Germany(1)
                             (Sixth Chamber)                                   (Failure by a Member State to fulfil its obligations — Sixth
                                                                               VAT Directive — Articles 2(1) and 13(A)(1)(i) — Research
                                                                               activities of public-sector higher-education establishments
                             of 27 June 2002                                             carried out for consideration — Exemption)
in Case C-274/00 P: Odette Simon v Commission of the                                                       (2002/C 191/10)
                     European Communities (1)
                                                                                                   (Language of the case: German)
(Appeal — Officials — Person claiming the status of a
member of the temporary staff — Application brought out
of time — Inadmissibility of application — Appeal in part                      (Provisional translation; the definitive translation will be published
 manifestly inadmissible and in part manifestly unfounded)                                          in the European Court Reports)
                             (2002/C 191/09)
                                                                               In Case C-287/00, Commission of the European Communities
                                                                               (Agents: G. Wilms and K. Gross) v Federal Republic of Germany
                      (Language of the case: French)
                                                                               (Agents: W.-D. Plessing and T. Jürgensen): Application for
                                                                               a declaration that, by exempting from value added tax the
(Provisional translation; the definitive translation will be published         research activities of public-sector higher-education establish-
                     in the European Court Reports)                            ments pursuant to Paragraph 4(21a) of the Umsatzsteuergesetz
                                                                               (Law on Turnover Taxes) of 27 April 1993 (BGBl. 1993 I,
                                                                               p. 565), as amended by Paragraph 4(5) of the Umsatzsteuerge-
                                                                               setz-Änderungsgesetz of 12 December 1996 (BGBl. 1996 I,
                                                                               p. 1851), the Federal Republic of Germany has failed to fulfil
In Case C-274/00 P, Odette Simon, resident in Luxembourg,                      its obligations under Article 2 of the Sixth Council Directive
represented initially by J.-N. Louis, and, subsequently, by                    77/388/EEC of 17 May 1977 on the harmonisation of the
L. Misson, avocats, with an address for service in Luxembourg:                 laws of the Member States relating to turnover taxes —
Appeal against the judgment of the Court of First Instance of                  Common system of value added tax: uniform basis of assess-
the European Communities (single judge) of 10 May 2000 in                      ment (OJ 1977 L 145, p. 1), the Court (Fifth Chamber),
Case T-177/97 Simon v Commission [2000] ECR-SC I-A-75                          composed of: P. Jann, President of the Chamber, S. von Bahr
and II-319, seeking to have that judgment set aside, the other                 (Rapporteur), D.A.O. Edward, A. La Pergola and C.W.A. Tim-
party to the proceedings being: Commission of the European                     mermans, Judges; F.G. Jacobs, Advocate General; R. Grass,
Communities (Agent: J. Currall, assisted by D. Waelbroeck),                    Registrar, has given a judgment on 20 June 2002, in which it:
the Court (Sixth Chamber), composed of: F. Macken, President
of the Chamber, N. Colneric (Rapporteur), C. Gulmann,
J.-P. Puissochet and J.N. Cunha Rodrigues, Judges; F.G. Jacobs,                1.    Declares that, by exempting from value added tax the research
Advocate General; L. Hewlett, Administrator, for the Registrar,                      activities carried out for consideration by public-sector higher-
has given a judgment on 27 June 2002, in which it:                                   education establishments pursuant to Paragraph 4(21a) of the