CELEX: C2000/247/04
Language: en
Date: 2000-08-26 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 25 May 2000 in Case C-307/98: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 76/160/EEC — Quality of bathing water)

26.8.2000               EN                      Official Journal of the European Communities                                            C 247/3
Communities (Agent: T. Millett) and Council of the European                D.A.O. Edward, President of the Chamber, J.C. Moitinho de
Union (Agents: M. Bauer and D. Canga Fano) — Appeal against                Almeida (Rapporteur), C. Gulmann, J.-P. Puissochet and
the order of the Court of First Instance of the European                   M. Wathelet, Judges; D. Ruiz-Jarabo Colomer, Advocate Gen-
Communities (Third Chamber) of 20 January 1998, Kögler v                   eral; D. Louterman-Hubeau, Principal Administrator, for the
Court of Justice (T-160/96, [1998] ECR I-A-15 and II-35),                  Registrar, has given a judgment on 25 May 2000, in which it:
seeking to have that order annulled — the Court of First
Instance of the European communities (Fourth Chamber),                     1.    Declares that:
composed of D.A.O. Edward, President of the Chamber and
A. La Pergola and H. Rangemalm (Rapporteur), Judges; H. von                      —     by excluding, without proper justification, from the scope
Holstein, Deputy Registrar and subsequently R. Grass, Regis-                           of Council Directive 76/160/EEC of 8 December 1975
trar, has given a judgment on 25 May 2000, in which it:                                concerning the quality of bathing water numerous inland
                                                                                       bathing areas, and
1.    Dismisses the appeal;
                                                                                 —     by not adopting, within 10 years following notification of
2.    Orders M. Kögler to pay the costs;                                               the directive, the measures needed to ensure that the
                                                                                       quality of bathing water conforms to the limit values fixed
3.    Orders the Council of the European Union to bear its own the                     in accordance with Article 3 of that directive and by not
      costs.                                                                           attaining the results prescribed by it,
                                                                                 the Kingdom of Belgium has failed to fulfil its obligations
(1) OJ C 209 of 4.7.1998.                                                        under Article 4(1) of the directive;
                                                                           2.    For the rest, dismisses the application;
                                                                           3.    Orders the Kingdom of Belgium to pay the costs.
                                                                           (1) OJ C 299 of 26.9.1998.
                 JUDGMENT OF THE COURT
                          (Fifth Chamber)
                          of 25 May 2000
in Case C-307/98: Commission of the European Communi-                                        JUDGMENT OF THE COURT
                 ties v Kingdom of Belgium (1)
                                                                                                    (Second Chamber)
(Failure of a Member State to fulfil obligations — Directive
           76/160/EEC — Quality of bathing water)                                                     of 25 May 2000
                          (2000/C 247/04)                                  in Case C-359/98 P: Ca’ Pasta Srl v Commission of the
                                                                                               European Communities (1)
                    (Language of the case: French)
                                                                           (Appeal — Regulation (EEC) No 4028/86 — Community
                                                                           financial aid — Procedure for discontinuing the aid —
                                                                           Suspension of payment of the aid originally granted —
(Provisional translation; the definitive translation will be published                             Actionable measure)
                   in the European Court Reports)
                                                                                                      (2000/C 247/05)
In Case C-307/98: Commission of the European Communities
(Agents: F. de Sousa Fialho and O. Couvert-Castéra) v Kingdom
of Belgium (Agents: initially J. Devadder, then Y. Houyet) —
                                                                                                (Language of the case: Italian)
application for a declaration that, by failing to adopt the
necessary measures to ensure that the quality of bathing water
conforms to the limit values set in accordance with Article 3
of Council Directive 76/160/EEC of 8 December 1975 con-                    (Provisional translation; the definitive translation will be published
cerning the quality of bathing water (OJ 1976 L 31, p. 1)                                      in the European Court Reports)
within 10 years following the notification of that directive, the
Kingdom of Belgium has failed to fulfil its obligations under              In Case C-359/98 P: Ca’ Pasta Srl, established in Padua, Italy,
Article 4 of Directive 76/160/EEC and the third paragraph of               represented by P. Piva, of the Venice Bar, and G. Arendt, of the
Article 189 of the EC Treaty (now the third paragraph of                   Luxembourg Bar, with an address for service in Luxembourg
Article 249 EC) — the Court (Fifth Chamber), composed of:                  at the Chambers of G. Arendt, 7 Val Sainte-Croix — appeal