CELEX: C2000/355/08
Language: en
Date: 2000-12-09 00:00:00
Title: Order of the Court (Fifth Chamber) of 13 September 2000 in Case C-341/97: Commission of the European Communities v the Kingdom of the Netherlands (Failure to fulfil obligations — Failure to give proper notice — Inadmissibility of the action)

9.12.2000               EN                      Official Journal of the European Communities                                        C 355/5
1.    Declares that Commission Decision 1999/509/EC of                     1.    The application is dismissed as inadmissible.
      14 October 1998 concerning aid granted by Spain to
      companies in the Magefesa group and their successors is
                                                                           2.    The Commission of the European Communities is ordered to
      annulled in so far as it includes in the amount of aid to be
                                                                                 pay the costs.
      recovered interest falling due after Indosa and Cunosa were
      declared insolvent on aid unlawfully received before that
      declaration;                                                         3.    The French Republic shall bear its own costs.
2.    Dismisses the remainder of the application;
                                                                           (1) OJ C 357 of 22.11.1997.
3.    Orders the Kingdom of Spain to pay, in addition to its own
      costs, three quarters of the costs of the Commission of the
      European Communities.
(1) OJ C 71 of 13.3.1999.
                                                                           Request by the Commission of the European Communi-
                                                                           ties for an Opinion pursuant to Article 300(6) of the EC
                                                                                                          Treaty
                    ORDER OF THE COURT
                                                                                                      (Opinion 1/00)
                          (Fifth Chamber)
                                                                                                     (2000/C 355/09)
                      of 13 September 2000
                                                                           By an application made by the Commission of the European
in Case C-341/97: Commission of the European Communi-                      Communities, represented by Frank Benyon and Marie-José
           ties v the Kingdom of the Netherlands (1)                       Jonczy, Legal Advisers, acting as Agents, received at the Court
                                                                           Registry on 13 October 2000, the Court of Justice of the
                                                                           European Communities has been asked to deliver an Opinion
(Failure to fulfil obligations — Failure to give proper notice             pursuant to Article 300(6) of the EC Treaty.
                 — Inadmissibility of the action)
                          (2000/C 355/08)                                  The Commission of the European Communities asks the Court
                                                                           of Justice to deliver an Opinion on the compatibility with the
                                                                           provisions of the EC Treaty of the draft Agreement establishing
                                                                           a European Common Aviation Area to be concluded between
                    (Language of the case: Dutch)                          the Republic of Bulgaria, the Czech Republic, the Republic of
                                                                           Estonia, the European Community, the Republic of Hungary,
                                                                           Iceland, the Republic of Latvia, the Republic of Lithuania, the
(Provisional translation; the definitive translation will be published     Kingdom of Norway, the Republic of Poland, Romania, the
                   in the European Court Reports)                          Slovak Republic and the Republic of Slovenia, in particular on
                                                                           the question whether
In Case C-341/97: Commission of the European Communities
(Agent: H. van Vliet), supported by French Republic (Agent:                (i)   draft Article 23(2), which gives the option to Contracting
K. Rispal-Bellanger), Kingdom of the Netherlands (Agent:                         Parties to decide whether their courts should refer
M.A. Fierstra) — application for a declaration that, by adopting                 questions of interpretation to the Court of Justice, and
on 16 December 1992 the Regulation for the prevention of
the introduction of foreign toxic dinoflagellata, the Kingdom              (ii) draft Article 23(3), which gives to the Joint Committee the
of the Netherlands has failed to fulfil its obligations under                    final responsibility for the homogeneous interpretation of
Articles 30 and 36 of the EC Treaty (now, after amendment,                       the Agreement,
Articles 28 and 30 EC) — the Court (Fifth Chamber), composed
of L. Sevón, President of the First Chamber, acting for the
President of the Fifth Chamber, P.J.G. Kapteyn, P. Jann,                   are satisfactory in this respect.
H. Ragnemalm and M. Wathelet (Rapporteur), Judges;
G. Cosmas, Advocate General; L. Hewlett, Administrator,
subsequently R. Grass, Registrar, made an order on 13 Septem-
ber 2000, the operative part of which is as follows: