CELEX: C2003/275/10
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 2 October 2003 in Case C-322/00: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil its obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Article 5(4) and (5), paragraphs A(1), (2), (4) and (6) of Annex II and paragraph 1(2) and (3) and paragraph 2 of Annex III — Capacity of storage vessels for livestock manure — Limitation of the land application of fertilisers based on a balance between the foreseeable nitrogen requirements of crops and the nitrogen supply to crops from the soil and from fertilisation — Ensuring that the amount of livestock manure applied to land each year does not exceed a specified amount per hectare — Provisions contained in a code of good agricultural practice and covering periods, conditions and procedures for the land application of fertilisers — Obligation to adopt any additional measures or reinforced actions necessary)

15.11.2003              EN                           Official Journal of the European Union                                                C 275/5
4.   Orders the Federal Republic of Germany to bear its own costs.           1.    Declares that by failing to adopt the necessary laws, regulations
                                                                                   and administrative provisions laid down in:
(1) OJ C 163 of 10.6.2000.
                                                                                   —    Article 5(4)(a) of Council Directive 91/676/EEC of
                                                                                        12 December 1991 concerning the protection of waters
                                                                                        against pollution caused by nitrates from agricultural
                                                                                        sources, in conjunction with paragraph 1(2) and (3) and
                                                                                        paragraph 2 of Annex III thereto;
                                                                                   —    Article 5(4)(b) of the Directive, in conjunction with
                 JUDGMENT OF THE COURT                                                  Article 4(1)(a) thereof and paragraphs A(1), (2), (4)
                                                                                        and (6) of Annex II thereto; and
                         (Sixth Chamber)
                                                                                   —    Article 5(5) of the Directive,
                        of 2 October 2003
                                                                                   the Kingdom of the Netherlands has failed to fulfil its
                                                                                   obligations under the Directive;
in Case C-322/00: Commission of the European Communi-
             ties v Kingdom of the Netherlands (1)
                                                                             2.    Orders the Kingdom of the Netherlands to pay the costs.
(Failure of a Member State to fulfil its obligations —
Directive 91/676/EEC — Protection of waters against pol-                     (1) OJ C 335 of 25.11.2002.
lution caused by nitrates from agricultural sources —
Article 5(4) and (5), paragraphs A(1), (2), (4) and (6) of
Annex II and paragraph 1(2) and (3) and paragraph 2 of
Annex III — Capacity of storage vessels for livestock manure
— Limitation of the land application of fertilisers based on
a balance between the foreseeable nitrogen requirements of
crops and the nitrogen supply to crops from the soil and
from fertilisation — Ensuring that the amount of livestock
manure applied to land each year does not exceed a specified                                  JUDGMENT OF THE COURT
amount per hectare — Provisions contained in a code of good
agricultural practice and covering periods, conditions and                                        of 23 September 2003
procedures for the land application of fertilisers — Obli-
gation to adopt any additional measures or reinforced actions
                             necessary)                                      in Case C-30/01: Commission of the European Communi-
                                                                             ties v United Kingdom of Great Britain and Northern
                                                                                                           Ireland (1)
                         (2003/C 275/10)
                    (Language of the case: Dutch)                            (Failure of a Member State to fulfil its obligations — Failure
                                                                             to implement, in respect of Gibraltar, Directives 67/548/EEC
                                                                             and 87/18/EEC (concerning dangerous chemical substances);
(Provisional translation; the definitive translation will be published       93/12/EEC (concerning liquid fuels); 79/113/EEC, 84/533/
                   in the European Court Reports)                            EEC, 84/534/EEC, 84/535/EEC, 84/536/EEC, 84/537/EEC,
                                                                             84/538/EEC, 86/594/EEC and 86/662/EEC (concerning
                                                                             noise emission); 94/62/EC (concerning packaging waste)
                                                                             and 97/35/EC (concerning the deliberate release into the
In Case C-322/00, Commission of the European Communities
                                                                                    environment of genetically modified organisms))
(Agents: G. Valero Jordana and C. van Hauwaert) v Kingdom
of the Netherlands (Agent: J. G. M. van Bakel): Application for
a declaration that, by failing to adopt the necessary legislative                                      (2003/C 275/11)
and administrative provisions laid down in Article 4 and
Article 5(4) and (5) of Council Directive 91/676/EEC of
12 December 1991 concerning the protection of waters                                            (Language of the case: English)
against pollution caused by nitrates from agricultural sources
(OJ 1991 L 375, p. 1) and in paragraphs A(1), (2), (4) and (6)
of Annex II and paragraph 1(2) and (3) and paragraph 2 of
Annex III thereto, the Kingdom of the Netherlands has failed                 In Case C-30/01, Commission of the European Communities
to fulfil its obligations under that directive, the Court (Sixth             (Agent: R.B. Wainwright) supported by Kingdom of Spain
Chamber), composed of: J.-P. Puissochet, President of the                    (Agent: R. Silva de Lapuerta) v United Kingdom of Great
Chamber, C. Gulmann, V. Skouris, F. Macken (Rapporteur)                      Britain and Northern Ireland (Agent: R. Magrill, assisted by
and N. Colneric, Judges; P. Léger, Advocate General; H.A. Rühl,              D. Wyatt QC): Application for a declaration that by failing,
Principal Administrator, for the Registrar, has given a judgment             in respect of Gibraltar, to adopt the laws, regulations or
on 2 October 2003, in which it:                                              administrative provisions necessary to comply with