CELEX: C2000/247/05
Language: en
Date: 2000-08-26 00:00:00
Title: Judgment of the Court (Second Chamber) of 25 May 2000 in Case C-359/98 P: Ca' Pasta Srl v Commission of the European Communities (Appeal — Regulation (EEC) No 4028/86 — Community financial aid — Procedure for discontinuing the aid — Suspension of payment of the aid originally granted — Actionable measure)

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
 ---pagebreak--- C 247/4                   EN                       Official Journal of the European Communities                                           26.8.2000
against the order of the Court of First Instance of the European              U. Leanza, assisted by D. del Gaizo — application for a
Communities (Third Chamber) of 16 July 1998 in Case                           declaration that
T-274/97 Ca’ Pasta v Commission [1998] ECR II-2925,
seeking to have that order set aside, the other party to                      —    by requiring family members of beneficiaries of Council
the proceedings being the Commission of the European                               Directive 90/364/EEC of 28 June 1990 on the right of
Communities — the Court (Second Chamber), composed of:                             residence (OJ 1990 L 180, p. 26) to have resources one
R. Schintgen, President of Chamber, G. Hirsch and V. Skouris                       third higher in amount than the minimum required for
(Rapporteur), Judges; G. Jacobs, Advocate General; R. Grass,                       family members of beneficiaries of Council Directive
Registrar, has given a judgment on 25 May 2000, in which it:                       90/365/EEC of 28 June 1990 on the right of residence
                                                                                   for employees and self-employed persons who have
1.    Sets aside the order of the Court of First Instance of 16 July               ceased their occupational activity (OJ 1990 L 180, p. 28);
      1998 in Case T-274/97 Ca’ Pasta v Commission;
                                                                              —    by limiting the types of proof which may be submitted
                                                                                   and, in particular, by providing that certain documents
2.    Annuls the implied decision suspending Community aid con-                    must be issued or certified by the authorities of another
      tained in the Commission’s letter of 4 August 1997 to Ca’                    Member State; and
      Pasta Srl;
                                                                              —    by requiring students who are citizens of other Member
3.    Orders the Commission of the European Communities to pay                     States and who are requesting recognition of their right
      the costs, including the costs at first instance.                            of residence in Italy pursuant to Council Directive
                                                                                   93/96/EEC of 29 October 1993 on the right of residence
                                                                                   for students (OJ 1993 L 317, p. 59) and members of their
                                                                                   family to guarantee to the Italian authorities that they
(1) OJ C 378 of 5.12.1998.
                                                                                   have resources of a certain amount and, as regards the
                                                                                   means to be used for that purpose, not clearly leaving the
                                                                                   student a choice between making a declaration and such
                                                                                   alternative means as are at least equivalent, and by not
                                                                                   allowing the declaration to be used where the student is
                                                                                   accompanied by members of his family,
                                                                              the Italian Republic had failed to fulfil its obligations under
                                                                              those directives
                  JUDGMENT OF THE COURT                                       the Court (Fifth Chamber), composed of: D.A.O. Edward
                                                                              (Rapporteur), President of the Chamber, L. Sevón, P.J.G. Kap-
                                                                              teyn, P. Jann and H. Ragnemalm, Judges; D. Ruiz-Jarabo Col-
                            (Fifth Chamber)                                   omer, Advocate General; R. Grass, Registrar, has given a
                                                                              judgment on 25 May 2000, in which it:
                            of 25 May 2000                                    1.   Declares that
                                                                                   —     by limiting the means of proof that may be relied upon,
in Case C-424/98: Commission of the European Communi-                                    and in particular by providing that certain documents
                       ties v Italian Republic (1)                                       must be issued or certified by the authority of a Member
                                                                                         State, and
(Failure of a Member State to fulfil its obligations — Right                       —     by, first, requiring students who are nationals of other
of residence — Directives 90/364/EEC, 90/365/EEC and                                     Member States and who are seeking recognition of their
           93/96/EEC — Conditions as to resources)                                       and their families’ right of residence in Italy pursuant to
                                                                                         Council Directive 93/96/EEC of 29 October 1993 on
                                                                                         the right of residence for students to guarantee to the
                            (2000/C 247/06)
                                                                                         Italian authorities that they have resources of a specific
                                                                                         amount; secondly, as regards the means to be used for
                                                                                         that purpose, by not clearly leaving such students the
                      (Language of the case: Italian)                                    choice between a declaration and such alternative means
                                                                                         as are at least equivalent; and, finally, by not allowing the
                                                                                         use of a declaration where a student is accompanied by
                                                                                         members of his family,
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                                the Italian Republic has failed to fulfil its obligations under
                                                                                   Council Directive 90/364/EEC of 28 June 1990 on the right
                                                                                   of residence, Council Directive 90/365/EEC of 28 June 1990
In Case C-424/98: Commission of the European Communities                           on the right of residence for employees and self-employed
(Agents: initially A. Aresu, of its Legal Service, and sub-                        persons who have ceased their occupational activity, and
sequently K. Oldfelt Hjertonsson) v Italian Republic (Agent:                       Directive 93/96;