CELEX: C2001/200/19
Language: en
Date: 2001-07-14 00:00:00
Title: Judgment of the Court (Third Chamber) of 3 May 2001 in Case C-190/00 (reference for a preliminary ruling from the Cour d'appel de Paris): criminal proceedings against Edouard Balguerie and Others and Société Balguerie and Others (Regulation (EEC) No 4142/87 — Conditions under which certain goods are eligible on import for a favourable tariff arrangement by reason of their end-use — Regulations (EEC) Nos 1517/91, 1431/92 and 1421/93 — Suspension of autonomous Common Customs Tariff duties — Dates)

14.7.2001                EN                     Official Journal of the European Communities                                           C 200/11
                  JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                          (Third Chamber)                                                              (Sixth Chamber)
                            of 3 May 2001
                                                                                                        of 10 May 2001
in Case C-190/00 (reference for a preliminary ruling from
the Cour d’appel de Paris): criminal proceedings against                   in Case C-152/98: Commission of the European Communi-
Edouard Balguerie and Others and Société Balguerie and                                   ties v Kingdom of the Netherlands (1)
                               Others (1)
                                                                           (Failure of a Member State to fulfil its obligations —
(Regulation (EEC) No 4142/87 — Conditions under which                      Directive 76/464/EEC — Water pollution — Failure to
certain goods are eligible on import for a favourable tariff                                               transpose)
arrangement by reason of their end-use — Regulations
(EEC) Nos 1517/91, 1431/92 and 1421/93 — Suspension
  of autonomous Common Customs Tariff duties — Dates)                                                   (2001/C 200/20)
                           (2001/C 200/19)
                                                                                                  (Language of the case: Dutch)
                     (Language of the case: French)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                           In Case C-152/98: Commission of the European Communities
                                                                           (Agents: H. van Lier and J. Stuyck) v Kingdom of the
In Case C-190/00: reference to the Court under Article 234                 Netherlands (Agents: M.A. Fierstra and C. Wissels) — appli-
EC from the Cour d’appel de Paris (France) for a preliminary               cation for a declaration that, by failing to take adequate steps
ruling in the criminal proceedings pending before that court               to transpose Article 7(1), (2) and (3) of Council Directive
against Édouard Balguerie and Others and Société Balguerie                76/464/EEC of 4 May 1976 on pollution caused by certain
and Others, liable in a civil capacity — on the interpretation             dangerous substances discharged into the aquatic environment
of Commission Regulation (EEC) No 4142/87 of 9 December                    of the Community (OJ 1976 L 129, p. 23), the Kingdom of
1987 determining the conditions under which certain goods                  the Netherlands has failed to fulfil its obligations under that
are eligible on import for a favourable tariff arrangement by              directive and Article 189 of the EC Treaty (now Article 249
reason of their end-use (OJ 1987 L 387 p. 81) — the Court                  EC) — the Court (Sixth Chamber), composed of: C. Gulmann,
(Third Chamber), composed of: C. Gulmann, President of the                 President of the Chamber, J.-P. Puissochet, R. Schintgen,
Chamber, F. Macken (Rapporteur) and J.N. Cunha Rodrigues,                  F. Macken and N. Colneric (Rapporteur), Judges; J. Mischo,
Judges; J. Mischo, Advocate General; R. Grass, Registrar, has              Advocate General; D. Louterman-Hubeau, Head of Division,
given a judgment on 3 May 2001, in which it has ruled:                     for the Registrar, has given a judgment on 10 May 2001, in
                                                                           which it:
Commission Regulation (EEC) No 4142/87 of 9 December 1987
determining the conditions under which certain goods are eligible on       1.    Declares that, by failing to adopt for the Scheldt basin all the
import for a favourable tariff arrangement by reason of their end-use,           measures necessary to transpose Article 7 of Council Directive
Council Regulation (EEC) No 1517/91 of 31 May 1991, Council                      76/464/EEC of 4 May 1976 on pollution caused by certain
Regulation (EEC) No 1431/92 of 26 May 1992 and Council                           dangerous substances discharged into the aquatic environment
Regulation (EEC) No 1421/93 of 7 June 1993 temporarily                           of the Community, the Kingdom of the Netherlands has failed
suspending the autonomous Common Customs Tariff duties on a                      to fulfil its obligations under that directive;
number of agricultural products do not preclude dates imported in
original packings of a net content not exceeding 11 kg from being          2.    Dismisses the remainder of the application;
eligible for suspension of the autonomous Common Customs Tariff
duties.                                                                    3.    Orders the Kingdom of the Netherlands to pay the costs.
(1) OJ C 211 of 22.7.2000.                                                 (1) OJ C 258 of 15.8.1998.