CELEX: C2001/118/08
Language: en
Date: 2001-04-21 00:00:00
Title: Judgment of the Court (First Chamber) of 12 December 2000 in Case C-435/99: Commission of the European Communities v Portuguese Republic (Failure of Member State to fulfil its obligations — Failure to transpose Directives 76/464/EEC, 78/176/EEC, 78/659/EEC, 80/68/EEC, 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC)

21.4.2001               EN                      Official Journal of the European Communities                                          C 118/5
                 JUDGMENT OF THE COURT                                     —     Article 5(1) and the first paragraph of Article 5(2) of
                                                                                 Council Directive 82/176/EEC of 22 March 1982 on
                                                                                 limit values and quality objectives for mercury discharges
                          (First Chamber)                                        by the chlor-alkali electrolysis industry (OJ 1982 L 81,
                                                                                 p. 29),
                      of 12 December 2000
                                                                           —     Article 5(1) and (2) of Council Directive 83/513/EEC of
                                                                                 26 September 1983 on limit values and quality objectives
in Case C-435/99: Commission of the European Communi-                            for cadmium discharges (OJ 1983 L 291, p. 1),
                 ties v Portuguese Republic (1)
                                                                           —     Article 6(1) of Council Directive 84/156/EEC of 8 March
                                                                                 1984 on limit values and quality objectives for mercury
(Failure of Member State to fulfil its obligations — Failure
                                                                                 discharges by sectors other than the chlor-alkali electroly-
to transpose Directives 76/464/EEC, 78/176/EEC,
                                                                                 sis industry (OJ 1984 L 74, p. 49),
78/659/EEC, 80/68/EEC, 82/176/EEC, 83/513/EEC,
         84/156/EEC, 84/491/EEC and 86/280/EEC)
                                                                           —     Article 5(1) and (2) of Council Directive 84/491/EEC of
                                                                                 9 October 1984 on limit values and quality objectives for
                          (2001/C 118/08)
                                                                                 discharges of hexachlorocyclohexane (OJ 1984 L 274,
                                                                                 p. 11), and
                 (Language of the case: Portuguese)                        —     Article 6(1) and (2) of Council Directive 86/280/EEC of
                                                                                 12 June 1986 on limit values and quality objectives for
                                                                                 discharges of certain dangerous substances included in
                                                                                 List 1 of the Annex to Directive 76/464/EEC (OJ 1986
(Provisional translation; the definitive translation will be published           L 181, p. 16), as amended most recently by Council
                   in the European Court Reports)                                Directive 90/415/EEC of 27 July 1990 (OJ 1990 L 219,
                                                                                 p. 49),
In Case C-435/99: Commission of the European Communities
(Agents: L. Ström and A. Caeiros) v Portuguese Republic
                                                                           as those provisions are worded pursuant to amendment by
(Agents: J.L. Fernandes, M. Romão and LL. Fernandes) —
application for a declaration that, by having failed to send the           Article 2(1) of Council Directive 91/692/EEC of 23 December
Commission the necessary reports on the implementation of:                 1991 standardising and rationalising reports on the implemen-
                                                                           tation of certain Directives relating to the environment
                                                                           (OJ 1991 L 377, p. 48), the Portuguese Republic has failed to
—     Article 13(1) of Council Directive 76/464/EEC of 4 May               fulfil its obligations under the provisions of the directives
      1976 on pollution caused by certain dangerous substan-               mentioned above and under the first paragraph of Article 5,
      ces discharged into the aquatic environment of the                   and the third paragraph of Article 189, of the EC Treaty (now,
      Community (OJ 1976 L 129, p. 23),                                    the first paragraph of Article 10 EC and the third paragraph of
                                                                           Article 249 EC), — the Court (First Chamber), composed of:
                                                                           M. Wathelet, President of the Chamber, P. Jann (Rapporteur)
—     Article 14 of Council Directive 78/176/EEC of 20 Febru-              and L. Sevón Judges; D. Ruiz-Jarabo Colomer, Advocate
      ary 1978 on waste from the titanium dioxide industry                 General; R. Grass, Registrar, has given a judgment on
      (OJ 1978 L 54, p. 19), as amended by Council Directive               12 December 2000, in which it:
      83/29/EEC of 24 January 1983 (OJ 1983 L 32, p. 28),
                                                                           1.    Declares that, by having failed to submit to the Commission
—     Article 16 of Council Directive 78/659/EEC of 18 July                      the necessary reports on the implementation of:
      1978 on the quality of fresh waters needing protection
      or improvement in order to support fish life (OJ 1978
      L 222, p. 1), as amended most recently by the act                          —     Article 13(1) of Council Directive 76/464/EEC of 4 May
      concerning the conditions of accession of the Kingdom                            1976 on pollution caused by certain dangerous substances
      of Spain and the Portuguese Republic and the adjustments                         discharged into the aquatic environment of the Com-
      to the Treaties (OJ 1985 L 302, p. 23),                                          munity,
—     Article 16(1) of Council Directive 80/68/EEC of                            —     Article 14 of Council Directive 78/176/EEC of 20 Febru-
      17 December 1979 on the protection of groundwater                                ary 1978 on waste from the titanium dioxide industry, as
      against pollution caused by certain dangerous substances                         amended by Council Directive 83/29/EEC of 24 January
      (OJ 1980 L 20, p. 43),                                                           1983,
 ---pagebreak--- C 118/6                    EN                     Official Journal of the European Communities                                          21.4.2001
      —     Article 16 of Council Directive 78/659/EEC of 18 July                              JUDGMENT OF THE COURT
            1978 on the quality of fresh waters needing protection or
            improvement in order to support fish life, as amended
            most recently by the act concerning the conditions of                                       (Sixth Chamber)
            accession of the Kingdom of Spain and the Portuguese
            Republic and the adjustments to the Treaties,                                            of 14 December 2000
      —     Article 16(1) of Council Directive 80/68/EEC of                  in Case C-245/97: Federal Republic of Germany v Com-
            17 December 1979 on the protection of groundwater                           mission of the European Communities (1)
            against pollution caused by certain dangerous substances,
                                                                             (EAGGF — Clearance of accounts — 1993 financial year
                                                                                               — Promotion of milk products)
      —     Article 5(1) and the first paragraph of Article 5(2) of
            Council Directive 82/176/EEC of 22 March 1982 on
            limit values and quality objectives for mercury discharges                                   (2001/C 118/09)
            by the chlor-alkali electrolysis industry,
                                                                                                  (Language of the case: German)
      —     Article 5(1) and (2) of Council Directive 83/513/EEC of
            26 September 1983 on limit values and quality objectives
            for cadmium discharges,                                          (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
      —     Article 6(1) of Council Directive 84/156/EEC of 8 March
            1984 on limit values and quality objectives for mercury          In Case C-245/97: Federal Republic of Germany (Agents:
            discharges by sectors other than the chlor-alkali electrolysis   E. Röder and C.-D. Quassowski) v Commission of the European
            industry,                                                        Communities (Agents: K.-D. Borchardt and I. Brinker) —
                                                                             application for the partial annulment of Commission Decision
                                                                             97/333/EC of 23 April 1997 on the clearance of the accounts
                                                                             presented by the Member States in respect of the expenditure
      —     Article 5(1) and (2) of Council Directive 84/491/EEC of          for 1993 on the Guarantee Section of the European Agricul-
            9 October 1984 on limit values and quality objectives for        tural Guidance and Guarantee Fund (EAGGF) (OJ 1997 L 139,
            discharges of hexachlorocyclohexane, and                         p. 30) in so far as it refused to charge to the EAGGF the sums
                                                                             of DEM 608 583,40, representing expenditure on promoting
                                                                             milk, and DEM 485 466,68 for failure to comply with
      —     Article 6(1) and (2) of Council Directive 86/280/EEC of          deadlines for payments to farmers under a scheme for the
            12 June 1986 on limit values and quality objectives for          temporary set aside of arable land — the Court (Sixth
            discharges of certain dangerous substances included in           Chamber), composed of: C. Gulmann, President of the
            List I of the Annex to Directive 76/464/EEC, as amended          Chamber, V. Skouris (Rapporteur) and J.-P. Puissochet, Judges;
            most recently by Council Directive 90/415/EEC of                 N. Fennelly, Advocate General; H.A. Rühl, Principal Adminis-
            27 July 1990,                                                    trator, for the Registrar, has given a judgment on 14 December
                                                                             2000, in which it:
as those provisions are worded pursuant to amendment by Article              1.    Annuls Commission Decision 97/333/EC of 23 April 1997
2(1) of Council Directive 91/692/EEC of 23 December 1991                           on the clearance of the accounts presented by the Member States
standardising and rationalising reports on the implementation of                   in respect of the expenditure for 1993 on the Guarantee Section
certain Directives relating to the environment, the Portuguese Republic            of the European Agricultural Guidance and Guarantee Fund
has failed to fulfil its obligations under the provisions of the directives        (EAGGF) in so far as it refused to charge to the EAGGF the
mentioned above.                                                                   sum of DEM 608 583,40 representing expenditure incurred
                                                                                   by the Federal Republic of Germany on promoting milk (budget
                                                                                   item 2062).
2.    Orders the Portuguese Republic to pay the costs.
                                                                             2.    Orders the Commission of the European Communities to pay
                                                                                   the costs.
(1) OJ C 34 of 5.2.2000.
                                                                             (1) OJ C 295 of 27.9.1997.