CELEX: C2001/212/09
Language: en
Date: 2001-07-28 00:00:00
Title: Judgment of the Court (Third Chamber) of 14 June 2001 in Case C-368/00: Commission of the European Communities v Kingdom of Sweden (Failure by a Member State to fulfil its obligations — Quality of bathing water — Inadequate implementation of Directive 76/160/EEC)

C 212/6                   EN                      Official Journal of the European Communities                                    28.7.2001
                   JUDGMENT OF THE COURT                                                     JUDGMENT OF THE COURT
                           (Third Chamber)
                                                                                                    (Fifth Chamber)
                            of 14 June 2001
                                                                                                    of 21 June 2001
in Case C-368/00: Commission of the European Communi-
                   ties v Kingdom of Sweden (1)
                                                                             in Case C-30/99: Commission of the European Communi-
(Failure by a Member State to fulfil its obligations —                                              ties v Ireland (1)
Quality of bathing water — Inadequate implementation of
                        Directive 76/160/EEC)
                                                                             (Free movement of goods — Precious metals — Compulsory
                            (2001/C 212/09)                                                             hallmark)
                     (Language of the case: Swedish)                                                (2001/C 212/10)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                                            (Language of the case: English)
In Case C-368/00: Commission of the European Communities                     In Case C-30/99: Commission of the European Communities
(Agent: L. Ström) v Kingdom of Sweden (Agent: A. Kruse) —                    (Agents: R.B. Wainwright and M. Shotter) v Ireland (Agent:
application for a declaration that, by failing to take all                   M.A. Buckley, assisted by A.M. Collins) supported by United
necessary measures to ensure that the quality of bathing water               Kingdom of Great Britain and Northern Ireland (Agent:
conforms to the limit values laid down by Council Directive                  R. Magrill, assisted by M. Hoskins) — application for a
76/160/EEC of 8 December 1975 concerning the quality of                      declaration that:
bathing water (OJ 1976 L 31, p. 1) and by failing to adhere to
the minimum sampling frequencies laid down by that directive,
the Kingdom of Sweden has failed to fulfil its obligations under             —    by prohibiting the marketing in Ireland with the descrip-
Articles 4(1) and 6(1) of that directive — the Court (Third                       tion and indication of fineness which they bear in their
Chamber) composed of: C. Gulmann, President of the Chamb-                         country of origin, of articles made from precious metals
er, J.-P. Puissochet and J.N. Cunha Rodrigues (Rapporteur),                       (gold, silver or platinum) lawfully manufactured and
Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has                   marketed in other Member States but not complying with
given a judgment on 14 June 2001, in which it:                                    the Irish provisions concerning standards of fineness, or
                                                                                  by obliging these imports to replace their hallmarks with
                                                                                  those for the appropriate lower official Irish standard of
1.    Declares that, by failing to take all necessary measures to ensure          fineness;
      that the quality of bathing water conforms to the mandatory
      limit values laid down by Council Directive 76/160/EEC of              —    by requiring articles made from precious metals (gold,
      8 December 1975 concerning the quality of bathing water,                    silver or platinum) imported from another Member State,
      and by failing to adhere to the minimum sampling frequencies                and marketed in Ireland, to bear a sponsor’s mark
      laid down by that directive, the Kingdom of Sweden has failed               indicative of the maker, worker or dealer in such articles,
      to fulfil its obligations under Articles 4(1) and 6(1) of that              registered by the Wardens and Commonalty of Gold-
      directive;                                                                  smiths of the city of Dublin which appoints the Assay
                                                                                  Master by which these articles are intended to be struck
2.    Orders the Kingdom of Sweden to pay the costs.                              with the approved hallmark, when these articles already
                                                                                  bear a sponsor’s mark conforming to the legislation of
                                                                                  the Member State of origin;
(1) OJ C 355 of 9.12.2000.                                                   —    by requiring articles made from precious metals (gold,
                                                                                  silver or platinum) imported from another Member State,
                                                                                  and marketed in Ireland, which have been lawfully struck
                                                                                  in another Member State With a hallmark stamped by a
                                                                                  body which offers guarantees of independence, and which
                                                                                  offers appropriate information to consumers, to bear an