CELEX: C2001/369/02
Language: en
Date: 2001-12-22 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 25 October 2001 in Case C-120/99: Italian Republic v Council of the European Union (Common agricultural policy — Fisheries — Bluefin tuna — Regulation (EC) No 49/1999 — Statement of reasons — Total allowable catches (TACs) — Allocation of TACs among Member States — Principle of relative stability — Determination of basic data — Complex economic situation — Discretion — International Convention for the Conservation of Atlantic Tunas — Accession of the Community — Impact on the allocation of TACs to Member States — Principle of non-discrimination)

C 369/2                 EN                      Official Journal of the European Communities                                        22.12.2001
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                          (Fifth Chamber)
                                                                                                     (Fifth Chamber)
                       of 25 October 2001
                                                                                                  of 25 October 2001
in Case C-120/99: Italian Republic v Council of the
                        European Union (1)
                                                                           in Case C-276/99: Federal Republic of Germany v Com-
                                                                                     mission of the European Communities (1)
(Common agricultural policy — Fisheries — Bluefin tuna —
Regulation (EC) No 49/1999 — Statement of reasons —
Total allowable catches (TACs) — Allocation of TACs
among Member States — Principle of relative stability —                    (ECSC — State aid granted to iron and steel undertakings
Determination of basic data — Complex economic situation                   — Application for the recovery of aid contrary to Community
— Discretion — International Convention for the Conser-                    law — Obligations of the Member States — Failure to fulfil
vation of Atlantic Tunas — Accession of the Community —                    obligations — Procedure initiated when the failure has
Impact on the allocation of TACs to Member States —                                               exhausted its effects)
                 Principle of non-discrimination)
                                                                                                     (2001/C 369/03)
                          (2001/C 369/02)
                    (Language of the case: Italian)                                           (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-120/99: Italian Republic (Agent: U. Leanza, assisted
by P.G. Ferri and D. Del Gaizo) v Council of the European
Union (Agents: M. Sims and I. Dı́ez Parra) supported by                    In Case C-276/99: Federal Republic of Germany (Agents:
Kingdom of Spain (Agent: R. Silva de Lapuerta) by French                   initially by W.-D. Plessing and C.-D. Quassowski, and, sub-
Republic (Agents: J.-F. Dobelle, K. Rispal-Bellanger and                   sequently, by W.-D. Plessing, assisted by R. Bierwagen) v
C. Vasak) and by Commission of the European Communities                    Commission of the European Communities (Agents: V. Kreu-
(Agents: T. van Rijn and F.P. Ruggeri Laderchi) — application              schitz and J.M. Flett) — application for the annulment of
for the annulment of Article 2 of Council Regulation (EC)                  Commission Decision 1999/597/ECSC of 21 April 1999 in
No 49/1999 of 18 December 1998 fixing, for certain stocks                  proceedings under Article 88 of the ECSC Treaty concerning
of highly migratory fish, the total allowable catches for 1999,            State aid granted by the Federal Republic of Germany to Neue
their distribution in quotas to Member States and certain                  Maxhütte Stahlwerke GmbH (OJ 1999 L 230, p. 4) — the
conditions under which they may be fished (OJ 1999 L 13,                   Court (Fifth Chamber), composed of: P. Jann (Rapporteur),
p. 54) and of the table relating to bluefin tuna annexed to that           President of the Chamber, A. La Pergola, L. Sevón, M. Wathelet
regulation — the Court (Fifth Chamber), composed of: P. Jann,              and C.W.A. Timmermans, Judges; J. Mischo, Advocate General;
President of the Chamber, S. von Bahr, D.A.O. Edward,                      L. Hewlett, Administrator, for the Registrar, has given a
A. La Pergola and C.W..A. Timmermans (Rapporteur), Judges;                 judgment on 25 October 2001, in which it:
D. Ruiz-Jarabo Colomer, Advocate General; L. Hewlett, Admin-
istrator, for the Registrar, has given a judgment on 25 October
2001, in which it:
                                                                           1.    Annuls Commission Decision 1999/597/ECSC of 21 April
                                                                                 1999 in proceedings under Article 88 of the ECSC Treaty
1.    Dismisses the application;                                                 concerning State aid granted by the Federal Republic of
                                                                                 Germany to Neue Maxhütte Stahlwerke GmbH;
2.    Orders the Italian Republic to pay the costs;
3.    Orders the Kingdom of Spain, the French Republic and the             2.    Orders the Commission to pay the costs.
      Commission of the European Communities to bear their own
      costs.
                                                                           (1) OJ C 281 of 2.10.1999.
( 1) OJ C 188 of 3.7.1999.