CELEX: C2000/192/03
Language: en
Date: 2000-07-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 6 April 2000 in Case C-443/97: Kingdom of Spain v Commission of the European Communities (Coordination of structural instruments — Internal Commission guidelines — Net financial corrections)

C 192/2                 EN                      Official Journal of the European Communities                                           8.7.2000
the proceedings being: Solvay SA, established in Brussels,                 as amended by Council Regulation (EEC) No 2082/93 of
Belgium, represented by L. Simont, Advocate at the Belgian                 20 July 1993 (OJ 1993 L 193, p. 20) — the Court (Sixth
Court of Cassation, by P.-A. Foriers and G. Block, of the                  Chamber), composed of: P.J.G. Kapteyn (Rapporteur), acting as
Brussels Bar, with an address for service in Luxembourg at the             President of the Sixth Chamber, G. Hirsch and H. Ragnemalm,
Chambers of Jacques Loesch, 11 Rue Goethe — the Court                      Judges; A. La Pergola, Advocate General; D. Louterman-
(Fifth Chamber), composed of: L. Sevón (Rapporteur), President            Hubeau, Principal Administrator, for the Registrar, has given a
of the First Chamber, acting for the President of the Fifth                judgment on 6 April 2000, in which it:
Chamber, P.J.G. Kapteyn, P. Jann, H. Ragnemalm and M. Wa-
thelet, Judges; N. Fennelly, Advocate General; L. Hewlett,                 1. Dismisses the action as inadmissible;
Administrator, for the Registrar, has given a judgment on
6 April 2000, in which it:                                                 2. Orders the Kingdom of Spain to pay the costs;
1. Dismisses the appeals;                                                  3. Orders the Italian Republic and the Portuguese Republic to bear
                                                                               their own costs.
2. Orders the Commission of the European Communities to pay the
     costs.
                                                                           (1) OJ C 72 of 7.3.1998.
(1) OJ C 286 of 28.10.1995.
                                                                                            JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT                                                               (Fifth Chamber)
                         (Sixth Chamber)                                                             of 6 April 2000
                          of 6 April 2000                                  in Case C-256/98: Commission of the European Communi-
                                                                                                ties v French Republic (1)
in Case C-443/97: Kingdom of Spain v Commission of the
                   European Communities (1)                                (Failure by a Member State to fulfil its obligations —
                                                                           Directive 92/43/EEC — Conservation of natural habitats
                                                                                             and of wild fauna and flora)
(Coordination of structural instruments — Internal Com-
        mission guidelines — Net financial corrections)
                                                                                                     (2000/C 192/04)
                          (2000/C 192/03)
                                                                                               (Language of the case: French)
                   (Language of the case: Spanish)
                                                                           (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-256/98: Commission of the European Communities
                                                                           (Agents: P. Stancanelli and O. Couvert-Castéra) v French
In Case C-443/97: Kingdom of Spain, represented by R. Silva                Republic (Agents: K. Rispal-Bellanger and R. Nadal) — appli-
de Lapuerta, Abogado del Estado, acting as Agent, with an                  cation for a declaration that, by not adopting all the laws,
address for service in Luxembourg at the Spanish Embassy,                  regulations and administrative measures necessary to comply
4-6 Boulevard E. Servais, supported by Italian Republic (Agent:            with Council Directive 92/43/EEC of 21 May 1992 on the
U. Leanza, assisted by G. De Bellis), and Portuguese Republic,             conservation of natural habitats and of wild fauna and flora
(Agents: L. Fernandes and J. Viegas Ribeiro) v Commission                  (OJ 1992 L 206, p. 7), in that it has omitted to take the
of the European Communities (Agents: M. Dı́az-Llanos and                   measures necessary to comply with Article 6 thereof, the
P. Oliver) — application for the annulment of the Com-                     French Republic has failed to fulfil its obligations under that
mission’s internal guidelines of 15 October 1997 concerning                Directive and under the third paragraph of Article 189 of the
net financial corrections in the context of the application                EC Treaty (now the third paragraph of Article 249 EC) — the
of Article 24 of Council Regulation (EEC) No 4253/88 of                    Court (Fifth Chamber), composed of: D.A.O. Edward, President
19 December 1988 laying down provisions for implementing                   of the Chamber, J.C. Moitinho de Almeida, C. Gulmann (Rap-
Regulation (EEC) No 2052/88 as regards coordination of the                 porteur), J.-P. Puissochet and P. Jann, Judges; N. Fennelly,
activities of the different Structural Funds between themselves            Advocate General; D. Louterman-Hubeau, Administrator, for
and with the operations of the European Investment Bank and                the Registrar, has given a judgment on 6 April 2000, in which
the other existing financial instruments (OJ 1988 L 374, p. 1),            it: