CELEX: C2000/063/02
Language: en
Date: 2000-03-04 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 25 November 1999 in Case C-96/98: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 79/409/EEC — Conservation of wild birds — Special protection areas)

4.3.2000                 EN                     Official Journal of the European Communities                                               C 63/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       2. Orders the Commission of the European Communities to pay the
                                                                                  costs.
                       of 23 November 1999
                                                                             (1) OJ C 145 of 18.5.1996.
in Case C-89/96: Portuguese Republic v Commission of
                 the European Communities (1)
(Action for annulment — Commercial policy — Quantitative
restrictions on imports of textile products — Products                                        JUDGMENT OF THE COURT
originating in India — Regulation (EC) No 3053/95 —
                         Partial withdrawal)                                                           (Fifth Chamber)
                           (2000/C 63/01)                                                          of 25 November 1999
                                                                             in Case C-96/98: Commission of the European Communi-
                  (Language of the case: Portuguese)                                             ties v French Republic (1)
                                                                             (Failure by a Member State to fulfil its obligations —
(Provisional translation; the definitive translation will be published       Directive 79/409/EEC — Conservation of wild birds —
                    in the European Court Reports)                                                Special protection areas)
                                                                                                        (2000/C 63/02)
In Case C-89/96: Portuguese Republic (Agents: L. Fernandes
and M. L. Duarte) v Commission of the European Communities
(Agents: M. de Pauw and F. de Sousa Fialho) — application for                                    (Language of the case: French)
annulment of Annex V, on cottage industry and folklore
products, to Commission Regulation (EC) No 3053/95 of                        (Provisional translation; the definitive translation will be published
20 December 1995 amending Annexes I, II, III, V, VI, VII, VIII,                                 in the European Court Reports)
IX and XI of Council Regulation (EEC) No 3030/93 on
common rules for imports of certain textile products from                    In Case C-96/98: Commission of the European Communities
third countries (OJ 1995 L 323, p. 1) — the Court, composed                  (Agents: P. Stancanelli and O. Couvert-Castéra) v French
of: G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida,           Republic (Agents: K. Rispal-Bellanger and R. Nadal) — appli-
D.A.O. Edward and L. Sevón (Presidents of Chambers),                        cation for a declaration that, by failing to adopt the special
P.J.G. Kapteyn (Rapporteur), C. Gulmann, J.-P. Puissochet,                   measures necessary for the conservation of bird habitats in the
G. Hirsch, P. Jann, H. Ragnemalm and M. Wathelet, Judges;                    Marais Poitevin and by failing to take the appropriate steps to
A. Saggio, Advocate General; H.A. Rühl, Principal Adminis-                   avoid deterioration of those habitats, the French Republic has
trator, for the Registrar, has given a judgment on 23 November               failed to fulfil its obligations under Article 4 of Council
1999, in which it:                                                           Directive 79/409/EEC of 2 April 1979 on the conservation of
                                                                             wild birds (OJ 1979 L 103, p. 1) — the Court (Fifth Chamber),
1. Annuls Article 1 of Commission Regulation (EC) No 3053/95                 composed of: L. Sevón, President of the First Chamber,
    of 20 December 1995 amending Annexes I, II, III, V, VI, VII,             acting for the President of the Fifth Chamber, C. Gulmann
    VIII, IX and XI of Council Regulation (EEC) No 3030/93 on                (Rapporteur), J.-P. Puissochet, P. Jann and M. Wathelet, Judges;
    common rules for imports of certain textile products from third          N. Fennelly, Advocate General; D. Louterman-Hubeau, Princi-
    countries in so far as that provision replaces Annex VI to               pal Administrator, for the Registrar, has given a judgment on
    Regulation No 3030/93 by Annex V;                                        25 November 1999, in which it:
 ---pagebreak--- C 63/2                     EN                      Official Journal of the European Communities                                              4.3.2000
1. Declares that, by failing, within the prescribed period, to classify       Council Directive 92/50/EEC of 18 June 1992 relating to the
     a sufficient area in the Poitevin Marsh as special protection areas,     coordination of procedures for the award of public service contracts is
     by failing to adopt measures conferring a sufficient legal status        to be interpreted as permitting a service provider to establish that it
     on the special protection areas classified in the Poitevin Marsh,        fulfils the economic, financial and technical criteria for participation
     and by failing to adopt appropriate measures to avoid deterio-           in a tendering procedure for the award of a public service contract by
     ration of the sites in the Poitevin Marsh classified as special          relying on the standing of other entities, regardless of the legal nature
     protection areas and of certain of those which should have been          of the links which it has with them, provided that it is able to show
     so classified, the French Republic has failed to fulfil its obligations  that it actually has at its disposal the resources of those entities which
     under Article 4 of Council Directive 79/409/EEC of 2 April               are necessary for performance of the contract. It is for the national
     1979 on the conservation of wild birds;                                  court to assess whether the requisite evidence in that regard has been
                                                                              adduced in the main proceedings.
2. Dismisses the remainder of the application;
3. Orders the French Republic to pay the costs.                               (1) OJ C 234 of 25.7.1998.
(1) OJ C 166 of 30.5.1998.
                                                                                                JUDGMENT OF THE COURT
                    JUDGMENT OF THE COURT                                                                 (First Chamber)
                             (Fifth Chamber)                                                         of 16 December 1999
                          of 2 December 1999                                  in Case C-74/98 (reference for a preliminary ruling from
                                                                              the Østre Landsret): DAT-SCHAUB amba v Ministeriet
in Case C-176/98 (reference for a preliminary ruling from                                   for Fødevarer, Landbrug og Fiskeri (1)
the Tribunale Amministrativo Regionale per la Sardegna):
            Holst Italia SpA v Comune di Cagliari (1)                         (Agriculture — Common organisation of the market — Beef
                                                                              and veal — Export refunds — Beef processed before entering
(Directive 92/50/EEC — Public service contracts — Proof of                    the country of import — International agreements — Effects
standing of the service provider — Possibility of relying on                  — Cooperation Agreement between the European Economic
                 the standing of another company)                             Community, of the one part, and the countries parties to the
                                                                              Charter of the Cooperation Council for the Arab States of
                                                                                                   the Gulf, of the other part)
                              (2000/C 63/03)
                                                                                                           (2000/C 63/04)
                       (Language of the case: Italian)
                                                                                                  (Language of the case: Danish)
(Provisional translation; the definitive translation will be published
                      in the European Court Reports)
                                                                              (Provisional translation; the definitive translation will be published
In Case C-176/98: reference to the Court under Article 177 of                                     in the European Court Reports)
the EC Treaty (now Article 234 EC) from the Tribunale
Amministrativo Regionale per la Sardegna (Regional Adminis-                   In Case C-74/98: reference to the Court under Article 177 of
trative Court for Sardinia), Italy, for a preliminary ruling in the           the EC Treaty (now Article 234 EC) from the Østre Landsret
proceedings pending before that court between Holst Italia                    (Eastern Regional Court), Denmark, for a preliminary ruling in
SpA and Comune di Cagliari, intervener: Ruhrwasser AG                         the proceedings pending before that court between DAT-
International Water Management — on the interpretation of                     SCHAUB amba and Ministeriet for Fødevarer, Landbrug og
Council Directive 92/50/EEC of 18 June 1992 relating to the                   Fiskeri — on the interpretation of Article 17(2) of Commission
coordination of procedures for the award of public service                    Regulation (EEC) No 3665/87 of 27 November 1987 laying
contracts (OJ 1992 L 209, p. 1) — the Court (Fifth Chamber),                  down common detailed rules for the application of the system
composed of: J.C. Moitinho de Almeida, President of the Sixth                 of export refunds on agricultural products (OJ 1987 L 351,
Chamber, acting as President of the Fifth Chamber, L. Sevón,                 p. 1) — the Court (First Chamber), composed of: L. Sevón
C. Gulmann, J.-P. Puissochet (Rapporteur) and M. Wathelet,                    (Rapporteur), President of the Chamber, P. Jann and M. Wathe-
Judges; P. Léger, Advocate General; L. Hewlett, Administrator,                let, Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
for the Registrar, has given a judgment on 2 December 1999,                   Administrator, for the Registrar, has given a judgment on
in which it has ruled:                                                        16 December 1999, in which it has ruled: