CELEX: C2002/003/07
Language: en
Date: 2002-01-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 8 November 2001 in Case C-127/99: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Inadequate implementation of Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources)

5.1.2002                EN                       Official Journal of the European Communities                                                C 3/5
subsequently H. van Lier and A. Caeiros, assisted by E. Braga)              (Agent: P. Stancanelli) v Italian Republic (Agent: U. Leanza,
v Manuel Pereira Roldão & Filhos Ld.a, established in Marinha              assisted by P.G. Ferri) — application for a declaration that:
Grande (Portugal), Instituto Superior Técnico, established in
Lisbon (Portugal), represented by J.L. da Cruz Vilaga and
T. Aragão Morais, advogados, and King, Taudevin & Gregson                  —     by failing to establish one or more action programmes
(Holdings) Ltd — application by the Commission pursuant to                        having the features, and meeting the conditions, laid
Article 181 of the EC Treaty (now Article 238 EC) for recovery                    down in Article 5 of Council Directive 91/676/EEC of
of an advance payment which it had granted to the defendants                      12 December 1991 concerning the protection of waters
under Contract No IN 90/91 PO/UK relating to activities                           against pollution caused by nitrates from agricultural
concerning the promotion of energy technology in Europe                           sources (OJ 1991 L 375, p. 1),
(Thermie programme) — the Court (Third Chamber), compo-
sed of: F. Macken, President of the Chamber, C. Gulmann and
J.N. Cunha Rodrigues (Rapporteur), Judges; L.A. Geelhoed,
Advocate General; L. Hewlett, Administrator, for the Registrar,             —     by failing to carry out fully and correctly the monitoring
                                                                                  operations prescribed by Article 6 of that directive; and
has given a judgment on 13 November 2001, in which it:
1.    Orders Manuel Pereira Roldão & Filhos Ld.a and the Instituto         —     by failing to draw up and submit a full report of the kind
      Superior Técnico jointly and severally to pay to the Commission             required by Article 10 of that directive,
      of the European Communities the sum of EUR 357 813;
2.    Orders Manuel Pereira Roldão & Filhos Ld.a to pay to
      the Commission of the European Communities the sum of                 the Italian Republic has failed to fulfil its obligations under
      EUR 185 833,78 in interest due as at 1 January 1999 and               Community law — the Court (Sixth Chamber), composed of:
      contractual interest from that date until full payment of the         N. Colneric, President of the Second Chamber, acting for the
      principal sum due;                                                    President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet,
                                                                            V. Skouris and J.N. Cunha Rodrigues (Rapporteur), Judges;
3.    Orders Manuel Pereira Roldão & Filhos Ld.a and the Instituto         L.A. Geelhoed, Advocate General; L. Hewlett, Administrator,
                                                                            for the Registrar, has given a judgment on 8 November 2001,
      Superior Técnico to pay the costs.
                                                                            in which it:
(1) OJ C 121 of 1.5.1999.
                                                                            1.    Declares that, by having failed:
                                                                                  —     to establish action programmes within the meaning of
                                                                                        Article 5 of Council Directive 91/676/EEC of 12 Decem-
                 JUDGMENT OF THE COURT                                                  ber 1991 concerning the protection of waters against
                                                                                        pollution caused by nitrates from agricultural sources,
                          (Sixth Chamber)
                                                                                  —     to carry out the monitoring operations prescribed by
                       of 8 November 2001                                               Article 6 of the said directive, and
in Case C-127/99: Commission of the European Communi-
                     ties v Italian Republic (1)                                  —     to submit to the Commission a report of the kind required
                                                                                        by Article 10 of the directive,
(Failure by a Member State to fulfil its obligations —
Inadequate implementation of Directive 91/676/EEC —
Protection of waters against pollution caused by nitrates                         the Italian Republic failed to fulfil its obligations under those
                    from agricultural sources)                                    provisions of Directive 91/676.
                            (2002/C 3/07)
                                                                            2.    Orders the Italian Republic to pay the costs.
                    (Language of the case: Italian)
(Provisional translation; the definitive translation will be published      (1) OJ C 204 of 17.7.1999.
                   in the European Court Reports)
In Case C-127/99: Commission of the European Communities