CELEX: C2002/118/14
Language: en
Date: 2002-05-18 00:00:00
Title: Judgment of the Court (Sixth Chamber) 14 March 2002 in Case C-161/00: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Directive 91/676/EEC — Pollution — Protection of waters — Nitrates)

C 118/10                EN                      Official Journal of the European Communities                                          18.5.2002
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                                                                                                    (Sixth Chamber)
                         (Sixth Chamber)
                                                                                                      14 March 2002
                           21 March 2002                                   in Case C-161/00: Commission of the European Communi-
                                                                                       ties v Federal Republic of Germany(1)
in Case C-36/00: Kingdom of Spain v Commission of the                      (Failure by a Member State to fulfil its obligations —
                   European Communities (1)                                Directive 91/676/EEC — Pollution — Protection of waters
                                                                                                        — Nitrates)
(State aid — Regulation (EC) No 1013/97 — Aid to                                                     (2002/C 118/14)
publicly-owned shipyards — Declaration of compatibility of
aid to the publicly-owned shipyards in Spain — Failure to
              comply with conditions — Recovery)                                              (Language of the case: German)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                          (2002/C 118/13)
                   (Language of the case: Spanish)                         In Case C-161/00, Commission of the European Communities
                                                                           (Agent: G. zur Hausen) v Federal Republic of Germany
                                                                           (Agents: W.-D. Plessing and B. Muttelsee-Schön), supported by
                                                                           Kingdom of Spain (Agent: S. Ortiz Vaamonde), and by
(Provisional translation; the definitive translation will be published     Kingdom of the Netherlands (Agents: V. Koningsberger and
                   in the European Court Reports)                          H. van den Oosterkamp): Application for a declaration that,
                                                                           by failing to adopt all the measures necessary in order to
                                                                           comply with the obligations laid down in Article 5(4)(a) and
                                                                           point 2 of Annex III to Council Directive 91/676/EEC of
                                                                           12 December 1991 concerning the protection of waters
                                                                           against pollution caused by nitrates from agricultural sources
In Case C-36/00, Kingdom of Spain (Agent: S. Ortiz Vaamon-                 (OJ 1991 L 375, p. 1), the Federal Republic of Germany has
de) v Commission of the European Communities (Agents:                      failed to fulfil its obligations under that directive, the Court
J. Guerra Fernández and K.-D. Borchardt): Application for                 (Sixth Chamber), composed of: F. Macken (Rapporteur), Presi-
annulment of Commission Decision 2000/131/EC of 26 Octo-                   dent of the Chamber, N. Colneric, C. Gulmann, R. Schintgen
ber 1999 on the State aid implemented by Spain in favour of                and V. Skouris, Judges; L.A. Geelhoed, Advocate General;
the publicly-owned shipyards (OJ 2000 L 37, p. 22), the                    R. Grass, Registrar, has given a judgment on 14 March 2002,
Court (Sixth Chamber), composed of: F. Macken (Rapporteur),                in which it:
President of the Chamber, C. Gulmann, R. Schintgen, V. Skou-
ris and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed, Advocate              1.    Declares that, by failing to adopt all the laws, regulations and
General; D. Louterman-Hubeau, Head of Division, for the                          administrative provisions necessary in order to comply with the
Registrar, has given a judgment on 21 March 2002, in which                       obligations laid down in Article 5(4)(a) and point 2 of
it:                                                                              Annex III to Council Directive 91/676/EEC of 12 December
                                                                                 1991 concerning the protection of waters against pollution
                                                                                 caused by nitrates from agricultural sources, the Federal
                                                                                 Republic of Germany has failed to fulfil its obligations under
1.    Dismisses the application;
                                                                                 that Directive;
2.    Orders the Kingdom of Spain to pay the costs.                        2.    Orders the Federal Republic of Germany to pay the costs;
                                                                           3.    Orders the Kingdom of Spain and the Kingdom of the
                                                                                 Netherlands to bear their own costs.
(1) OJ C 147 of 27.5.2000.
                                                                           (1) OJ C 192 of 8.7.2000.