CELEX: C2004/007/12
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 6 November 2003 in Case C-293/00: Kingdom of the Netherlands v Commission of the European Communities (Annulment of Commission Decision 2000/362/EC of 25 May 2000 on the total amount of Community aid for the eradication of classical swine fever in the Netherlands in 1997)

C 7/8                    EN                           Official Journal of the European Union                                             10.1.2004
taking the necessary measures to ensure that the quality of                                    JUDGMENT OF THE COURT
inshore bathing water in Spanish territory conforms to the
limit values set in accordance with Article 3 of Council
Directive 76/160/EEC of 8 December 1975 concerning the                                                  (Fifth Chamber)
quality of bathing water (OJ 1976 L 31, p. 1), notwithstanding
its obligations under Article 4 of that directive, the Kingdom
of Spain has not complied with the judgment of the Court of
Justice in Case C-92/96 Commission v Spain [1998] ECR I-                                             of 6 November 2003
505, and has accordingly failed to fulfil its obligations under
Article 228 EC and, second, for an order that the Kingdom of
Spain be required to pay to the Commission, into the account                  in Case C-293/00: Kingdom of the Netherlands v Com-
‘European Community own resources’, a penalty payment of                                mission of the European Communities (1)
EUR 45 600 per day of delay in adopting the measures
necessary to comply with the said judgment in Commission v
Spain, from the date on which judgment is delivered in this
case until the date on which the said judgment in Commission                  (Annulment of Commission Decision 2000/362/EC of
v Spain is complied with, the Court, composed of: V. Skouris,                 25 May 2000 on the total amount of Community aid for the
President, C.W.A. Timmermans, C. Gulmann and J.N. Cunha                       eradication of classical swine fever in the Netherlands in
Rodrigues (Rapporteur)             (Presidents of Chambers),                                                  1997)
D.A.O. Edward, A. La Pergola, J.-P. Puissochet, R. Schintgen,
F. Macken, N. Colneric and S. von Bahr, Judges; J. Mischo,
Advocate General; L. Hewlett, Principal Administrator, for the                                           (2004/C 7/12)
Registrar, has given a judgment on 25 November 2003, in
which it:
                                                                                                  (Language of the case: Dutch)
1.    Declares that, by not taking the measures necessary to ensure           (Provisional translation; the definitive translation will be published
      that the quality of inshore bathing water in Spanish territory                             in the European Court Reports)
      conforms to the limit values set in accordance with Article 3 of
      Council Directive 76/160/EEC of 8 December 1975 concern-
      ing the quality of bathing water, notwithstanding its obligations
      under Article 4 of that directive, the Kingdom of Spain has not
      taken all the measures necessary to comply with the Court’s
      judgment of 12 February 1998 in Case C-92/96 Commission                 In Case C-293/00, Kingdom of the Netherlands (Agents:
      v Spain and has accordingly failed to fulfil its obligations under      A. Fierstra, C. Wissels and J. G. M. van Bakel) v Commission of
      Article 228 EC.                                                         the European Communities (Agent: T. van Rijn): Application
                                                                              for annulment of Commission Decision 2000/362/EC of
                                                                              25 May 2000 on the total amount of Community aid for the
                                                                              eradication of classical swine fever in the Netherlands in 1997
2.    Orders the Kingdom of Spain to pay to the Commission of the
                                                                              (OJ 2000 L 129, p. 33), in so far as the financial aid granted to
      European Communities, into the account ‘European Community
                                                                              the Netherlands by the Community for the eradication of
      own resources’, a penalty payment of EUR 624 150 per year
                                                                              classical swine fever in 1997 is reduced by 25 % of the
      and per 1 % of bathing areas in Spanish inshore waters which
                                                                              amounts paid to farmers by way of compensation, the Court
      have been found not to conform to the limit values laid down
                                                                              (Fifth Chamber), composed of: C.W.A. Timmermans, President
      under Directive 76/160 for the year in question, as from the
                                                                              of the Fourth Chamber, acting as President of the Fifth
      time when the quality of bathing water achieved in the first
                                                                              Chamber, D.A.O. Edward (Rapporteur) and S. von Bahr,
      bathing season following delivery of this judgment is ascertained
                                                                              Judges; C. Stix-Hackl, Advocate General; M.-F. Contet, Principal
      until the year in which the judgment in Commission v Spain is
                                                                              Administrator, for the Registrar, has given a judgment on
      fully complied with.
                                                                              6 November 2003, in which it:
3.    Orders the Kingdom of Spain to pay the costs.                           1.    Dismisses the application.
                                                                              2.    Orders the Kingdom of the Netherlands to pay the costs.
(1) OJ C 245 of 1.9.2001.
                                                                              (1) OJ C 335 of 25.11.2000.