CELEX: C2001/118/09
Language: en
Date: 2001-04-21 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 14 December 2000 in Case C-245/97: Federal Republic of Germany v Commission of the European Communities (EAGGF — Clearance of accounts — 1993 financial year — Promotion of milk products)

C 118/6                    EN                     Official Journal of the European Communities                                          21.4.2001
      —     Article 16 of Council Directive 78/659/EEC of 18 July                              JUDGMENT OF THE COURT
            1978 on the quality of fresh waters needing protection or
            improvement in order to support fish life, as amended
            most recently by the act concerning the conditions of                                       (Sixth Chamber)
            accession of the Kingdom of Spain and the Portuguese
            Republic and the adjustments to the Treaties,                                            of 14 December 2000
      —     Article 16(1) of Council Directive 80/68/EEC of                  in Case C-245/97: Federal Republic of Germany v Com-
            17 December 1979 on the protection of groundwater                           mission of the European Communities (1)
            against pollution caused by certain dangerous substances,
                                                                             (EAGGF — Clearance of accounts — 1993 financial year
                                                                                               — Promotion of milk products)
      —     Article 5(1) and the first paragraph of Article 5(2) of
            Council Directive 82/176/EEC of 22 March 1982 on
            limit values and quality objectives for mercury discharges                                   (2001/C 118/09)
            by the chlor-alkali electrolysis industry,
                                                                                                  (Language of the case: German)
      —     Article 5(1) and (2) of Council Directive 83/513/EEC of
            26 September 1983 on limit values and quality objectives
            for cadmium discharges,                                          (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
      —     Article 6(1) of Council Directive 84/156/EEC of 8 March
            1984 on limit values and quality objectives for mercury          In Case C-245/97: Federal Republic of Germany (Agents:
            discharges by sectors other than the chlor-alkali electrolysis   E. Röder and C.-D. Quassowski) v Commission of the European
            industry,                                                        Communities (Agents: K.-D. Borchardt and I. Brinker) —
                                                                             application for the partial annulment of Commission Decision
                                                                             97/333/EC of 23 April 1997 on the clearance of the accounts
                                                                             presented by the Member States in respect of the expenditure
      —     Article 5(1) and (2) of Council Directive 84/491/EEC of          for 1993 on the Guarantee Section of the European Agricul-
            9 October 1984 on limit values and quality objectives for        tural Guidance and Guarantee Fund (EAGGF) (OJ 1997 L 139,
            discharges of hexachlorocyclohexane, and                         p. 30) in so far as it refused to charge to the EAGGF the sums
                                                                             of DEM 608 583,40, representing expenditure on promoting
                                                                             milk, and DEM 485 466,68 for failure to comply with
      —     Article 6(1) and (2) of Council Directive 86/280/EEC of          deadlines for payments to farmers under a scheme for the
            12 June 1986 on limit values and quality objectives for          temporary set aside of arable land — the Court (Sixth
            discharges of certain dangerous substances included in           Chamber), composed of: C. Gulmann, President of the
            List I of the Annex to Directive 76/464/EEC, as amended          Chamber, V. Skouris (Rapporteur) and J.-P. Puissochet, Judges;
            most recently by Council Directive 90/415/EEC of                 N. Fennelly, Advocate General; H.A. Rühl, Principal Adminis-
            27 July 1990,                                                    trator, for the Registrar, has given a judgment on 14 December
                                                                             2000, in which it:
as those provisions are worded pursuant to amendment by Article              1.    Annuls Commission Decision 97/333/EC of 23 April 1997
2(1) of Council Directive 91/692/EEC of 23 December 1991                           on the clearance of the accounts presented by the Member States
standardising and rationalising reports on the implementation of                   in respect of the expenditure for 1993 on the Guarantee Section
certain Directives relating to the environment, the Portuguese Republic            of the European Agricultural Guidance and Guarantee Fund
has failed to fulfil its obligations under the provisions of the directives        (EAGGF) in so far as it refused to charge to the EAGGF the
mentioned above.                                                                   sum of DEM 608 583,40 representing expenditure incurred
                                                                                   by the Federal Republic of Germany on promoting milk (budget
                                                                                   item 2062).
2.    Orders the Portuguese Republic to pay the costs.
                                                                             2.    Orders the Commission of the European Communities to pay
                                                                                   the costs.
(1) OJ C 34 of 5.2.2000.
                                                                             (1) OJ C 295 of 27.9.1997.