CELEX: C1995/248/05
Language: en
Date: 1995-09-23 00:00:00
Title: Action brought on 5 July 1995 by the Commission of the European Communities against the Hellenic Republic (Case C-232/95)

23 . 9 . 95          | EN                 Official Journal of the European Communities                                    No C 248/3­
               JUDGMENT OF THE COURT                                       flour-based biscuits with an average flour content of
                       ( Second Chamber)                                   46 % of the weight of the constituents, and intended for
                                                                           baking by the end-user cannot ' qualify for aid.
                       of 11 August 1995
in Case C-12/94 (reference for a preliminary ruling from the         (')   OJ No  C 59 , 26 . 2 . 1994 .
Oberlandesgericht, Hamm): Uelzena Milchwerke eG v.                   (2)   OJ No  L 55 , 1 . 3 . 1988 , p . 31 .
            Willi Antpöhler GmbH & Co. KG ( ! )                      (3 )  OJ No  L 111 , 22 . 4 . 1989 , p . 24 .
(Reference for a preliminary ruling — Article 4 of                   (4 )  OJ No  L 112 , 4 . 5 . 1991 , p . 57 .
Commission Regulation (EEC) No 570/88 — Aid for
cream, butter, and concentrated butter — Conditions
governing the grant of aid — Composition of the
                             product)
                          ( 95/C 248/04 )
                                                                     Action brought on 5 July 1995 by the Commission of the
                (Language of the case: German)                            European Communities against the Hellenic Republic
                                                                                                 ( Case C-232/95 )
                                                                                                   ( 95/C 248/05 )
(Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                     An action against the Hellenic Republic was brought before
                                                                     the Court of Justice on 5 July 1995 by the Commission
In Case C-12/94 : reference to the Court under Article 177 of        of the European Communities, represented by Maria
the EC Treaty from the Oberlandesgericht ( Higher Regional           Kontou-Durande, of its Legal Service, with an address for
Court ) Hamm ( Germany ) for a preliminary ruling in the             service in Luxembourg at the office of Carlos Gomez de la
proceedings pending before that court between Uelzena                Cruz, also of its Legal Service , Wagner Centre .
Milchwerke eG and Willi Antpohler GmbH & Co . KG —
on the interpretation of Article 4 of Commission Regulation          The applicant claims that the Court should :
( EEC ) No 570/88 of 16 February 1988 on the sale of butter
at reduced prices and the grant of aid for cream, butter and         ( 1 ) declare that,
concentrated butter of use in the manufacture of pastry
products, ice-cream and other foodstuffs (2 ), as amended
by Commission Regulation ( EEC ) No 1048/89 (-1 ) and                       — by failing to establish programmes to include
Commission Regulation ( EEC ) No 1157/91 (4 ) — the Court                       quality objectives and time-limits for achieving
( Second Chamber ), composed of: F. A. Schockweiler,                            those objectives, in order to reduce pollution of
President of the Chamber, G. F. Mancini ( Rapporteur ) and                      Lake Vegoritis and the Soulos River by the
G. Hirsch, Judges; M. B. Elmer, Advocate General; H. von                        dangerous substances within List II of Directive
Holstein, Deputy Registrar, for the Registrar, has given a                      76/464/EEC ( ] ) of 4 May 1976 on pollution caused
judgment on 11 August 1995 , in which it rules :                                by certain dangerous substances discharged into the
                                                                                aquatic environment of the Community, and
A. Article 4 ( 1 ), Formula A (a), of Commission Regulation                 — by not subjecting discharges from industries and
     (EEC) No 570/88 of 16 February 1988 on the sale of                         installations in the area which are liable to contain
     butter at reduced prices and the grant of aid for cream,                   substances within List II to prior authorization
     butter and concentrated butter for use in the                              by the competent authority in which emission
     manufacture of pastry products, ice-cream and other                        standards are to be laid down,
     foodstuffs, as amended by Commission Regulation
     (EEC) No 1 1 57/91 , must be interpreted as meaning that               the Hellenic Republic has failed to fulfil its obligations
     butter from intervention stocks incorporated into                      under the Treaty and Council Directive 76/464/EEC, in
     deep-frozen, oven-ready sticks of short pastry made                    particular Articles 2 and 7 thereof;
     With butter, in the form of flour-based biscuits with an
     average flour content of 46 % of the weight of the              ( 2 ) order the Hellenic Republic to pay the costs .
     constituents, and intended for baking by the end-user
     cannot qualify for aid. The flour content ofsuch sticks is
     not relevant for the purposes of the application of that        Pleas in law and main arguments adduced in support:
     provision;
                                                                     following complaints on the matter, the Commission
                                                                     requested information from the Greek authorities as to the
2 . Article 4 (3), Formula C (a) (1 ), of Regulation (EEC)           quality of water of Lake Vegoritis and the Soulos River and
     No 570/88, as amended by Commission Regulation                  the likely sources of their pollution . Since it was not satisfied
     (EEC) No 1048/89 and Commission Regulation (EEC)                by the reply given by the Greek authorities, in a reasoned
     No 1 157/91 , must be interpreted as meaning that butter        opinion of 16 October 1992 it called upon them to apply
     incorporated into deep-frozen, oven-ready sticks of             within two months Directives 76/464/EEC, 75/442/EEC
     short pastry made with butter, in the form of                   and 78/319/EEC in respect of the said waters. In answer to
 ---pagebreak--- No C 248/4              EN                 Official Journal of the European Communities                                     23 . 9 . 95
the reasoned opinion, the Greek authorities forwarded a               reduce pollution of the waters of the Pagassitikos Gulf by
technical report by the Ministry of the Environment, Town             the substances within List II . It should, in addition, have
and Country Planning and Public Works in which details                established quality objectives for the waters of the Gulf in
were set out of the measures taken . That reply did not               question and time-limits for achieving those objectives, and
satisfy the Commission , especially as concerns Directive             it should also have set as a condition for all discharges liable
76/464/EEC . In particular the Commission considered that             to contain any of the substances within List II the issue of
the measures provided for in Article 7 of the Directive, that         prior authorization in which emission standards are to be
is to say in respect of quality objectives and authorization of       laid down .
discharges in which emission standards are to be laid down,
as specified in Article 7 ( 2 ), were completely absent . For         From the evidence and studies available to the Commission
those reasons the Court is requested to declare that the              it would appear that the Greek authorities have not taken
Hellenic Republic is in breach of its obligations under the           the appropriate measures to control and limit the sources of
said Directive .                                                      pollution of the Pagassitikos Gulf, which is an enclosed gulf
                                                                      with a very small outlet into the Aegean and very slow
                                                                      renewal of water .
(') OJ No L 129 , 18 . 5 . 1976 , p . 23 .
                                                                      The Greek authorities accept that there are no specialized
                                                                      programmes and refer to the fact that they have asked the
                                                                      University of the Aegean to undertake a study of the sources
                                                                      discharging toxic substances within List II of Directive
                                                                      76/464/EEC .
Action brought on 5 July 1995 by the Commission of the
     European Communities against the Hellehic Republic               Consequently the Commission notes that the Greek
                         ( Case C-233/95 )                            authorities are in a purely preliminary stage as regards the
                                                                      measures which they are obliged to take under Article 7 of
                           ( 95/C 248/06 )                            the above Directive and accordingly have not fulfilled their
                                                                      obligations thereunder.
An action against the Hellenic Republic was brought before
 the Court of Justice on 5 July 1995 by the Commission                 ( ] ) OJ No L 129 , 18 . 5 . 1976 , p . 23 .
 of the European Communities, represented by Maria
 Kondou-Durande, of its Legal Service , with an address for
 service in Luxembourg at the office of Carlos Gomez de la
 Cruz, also of its Legal Service, Wagner Centre .
 The applicant claims that the Court:                                 Action brought on 6 July 1995 by the Commission of the
                                                                            European Communities against the Hellenic Republic
 ( 1 ) should declare that,                                                                      ( Case C-236/95 )
                                                                                                    ( 95/C 248/07)
        — by failing to establish programmes to include
            quality objectives and to lay down time-limits for
            achieving those objectives, in order to reduce             An action against the Hellenic Republic was brought before
                                                                       the Court of Justice on 6 July 1995 by the Commission of
            pollution of the waters of the Pagassitikos Gulf
            by the substances within List II of Directive              the European Communities, represented by Dimitrios
            76/464/EEC (*) of 4 May 1976 on pollution caused           Gouloussis, of its Legal Service, with an address for service
                                                                       in Luxembourg at the officie of Carlos Gomez de la Cruz,
            by certain dangerous substances discharged into the
                                                                        also of its Legal Service , Wagner Centre .
            aquatic environment of the Community, and
        — by not subjecting discharges into the Pagassitikos           The applicant claims that the Court should:
            Gulf which are liable to contain substances within
            List II to prior authorization by the competent             ( 1 ) declare that by failing to adopt and, in the alternative,
            authority in which emission standards are to be laid              to notify to the Commission within the prescribed
            down,                                                             period the laws, regulations and administrative
                                                                              provisions necessary to comply fully with Council
        the Hellenic Republic has failed to fulfil its obligations            Directive 89/665/EEC (*) of 21 December 1989 on
        under the Treaty and Article 7 of Council Directive                   the coordination of the laws, regulations and
        76/464/EEC;                                                           administrative provisions relating to the application of
                                                                               review procedures to the award of public supply and
  ( 2 ) order the Hellenic Republic to pay the costs .                         public works contracts, in particular, by not adopting
                                                                               and, in the alternative, by not notifying to the
                                                                               Commission within the prescribed period the necessary
  Pleas in law and main arguments adduced in support:                          laws, regulations and administrative provisions
                                                                               relating to the award of public supply contracts, the
  under Article 7 of Directive 76/464/EEC the Republic of                      Hellenic Republic has failed to fulfil its obligations
  Greece should have established programmes in order to                        under the EC Treaty;