CELEX: C2002/044/05
Language: en
Date: 2002-02-16 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 13 December 2001 in Case C-79/00 (Reference for a preliminary ruling from the Tribunal Supremo): Telefónica de España SA v Administración General del Estado (Directive 97/33/EC — Telecommunications — Interconnection of networks — Obligations imposed on network providers)

16.2.2002                EN                    Official Journal of the European Communities                                               C 44/3
and then R. Loosli-Surrans and G. de Bergues) — application                     in particular, by refusing to permit the marketing in its territory
for a declaration that, by refusing to adopt the measures                       after 30 December 1999 of products subject to that scheme
necessary in order to comply with:                                              which are correctly marked or labelled, the French Republic has
                                                                                failed to fulfil its obligations under those two decisions, in
                                                                                particular their provisions referred to above;
—      Council Decision 98/256/EC of 16 March 1998 concern-               2.    Dismisses the remainder of the application;
       ing emergency measures to protect against bovine spongi-
       form encephalopathy, amending Decision 94/474/EC                   3.    Orders the French Republic to bear two thirds of the costs and
       and repealing Decision 96/239/EC (OJ 1998 L 113,                         the Commission of the European Communities to bear the other
       p. 32), in the version resulting from Commission Decision                third;
       98/692/EC of 25 November 1998 (OJ 1998 L 328,
       p. 28), in particular with Article 6 and Annex III, and            4.    Orders the United Kingdom of Great Britain and Northern
                                                                                Ireland to bear its own costs.
                                                                          (1) OJ C 63 of 4.3.2000.
—      Commission Decision 1999/514/EC of 23 July 1999
       setting the date on which dispatch from the United
       Kingdom of bovine products under the date-based export
       scheme may commence by virtue of Article 6(5) of
       Decision 98/256 (OJ 1999 L 195, p. 42), in particular
       with Article 1,
                                                                                            JUDGMENT OF THE COURT
in particular, by refusing to permit the marketing in its                                            (Sixth Chamber)
territory of products eligible under that scheme, which are
covered by Article 6 of, and Annex III to, Decision 98/256 as                                    of 13 December 2001
amended by Decision 98/692, after 1 August 1999, the French
Republic has failed to fulfil its obligations under those two
decisions, in particular their provisions referred to above, and          in Case C-79/00 (Reference for a preliminary ruling
the EC Treaty, in particular Articles 28 EC and 10 EC — the               from the Tribunal Supremo): Telefónica de España SA v
Court, composed of: G.C. Rodrı́guez Iglesias, President, P. Jann,                      Administración General del Estado (1)
F. Macken, N. Colneric, S. von Bahr (Presidents of Chambers),
C. Gulmann, D.A.O. Edward, A. La Pergola, J.-P. Puissochet,               (Directive 97/33/EC — Telecommunications — Intercon-
L. Sevón (Rapporteur), M. Wathelet, R. Schintgen and V. Skou-            nection of networks — Obligations imposed on network
ris, Judges; J. Mischo, Advocate General; L. Hewlett, Adminis-                                           providers)
trator, for the Registrar, has given a judgment on 13 December
2001, in which it:                                                                                    (2002/C 44/05)
                                                                                              (Language of the case: Spanish)
1.     Declares that, by refusing to adopt the measures necessary in      (Provisional translation; the definitive translation will be published
       order to comply with:                                                                  in the European Court Reports)
                                                                          In Case C-79/00: reference to the Court under Article 234 EC
       —     Council Decision 98/256/EC of 16 March 1998 con-             by the Tribunal Supremo (Spain) for a preliminary ruling in
             cerning emergency measures to protect against bovine         the proceedings pending before that court between Telefónica
             spongiform encephalopathy, amending Decision                 de España SA and Administración General del Estado, third
             94/474/EC and repealing Decision 96/239/EC, in the           party: Retevisión SA, on the interpretation of Articles 4(2) and
             version resulting from Commission Decision 98/692/EC         9(2) of Directive 97/33/EC of the European Parliament and
             of 25 November 1998, in particular with Article 6 and        of the Council of 30 June 1997 on interconnection in
             Annex III, and                                               Telecommunications with regard to ensuring universal service
                                                                          and interoperability through application of the principles of
                                                                          Open Network Provision (ONP) (OJ 1997 L 199, p. 32), the
                                                                          Court (Sixth Chamber), composed of: F. Macken (Rapporteur),
       —     Commission Decision 1999/514/EC of 23 July 1999              President of the Chamber, C. Gulmann, R. Schintgen, V. Skou-
             setting the date on which dispatch from the United           ris and J.N. Cunha Rodrigues, Judges, Advocate General:
             Kingdom of bovine products under the date-based export       F.G. Jacobs, Registrar: H.A. Rühl, Principal Administrator, has
             scheme may commence by virtue of Article 6(5) of             given a judgement on 13 December 2001, in which it has
             Decision 98/256, in particular with Article 1,               ruled:
 ---pagebreak--- C 44/4                   EN                      Official Journal of the European Communities                                          16.2.2002
Articles 4(2) and 9(2) of Directive 97/33/EC of the European                1.    Annuls Council Regulation (EC) No 2772/1999 of
Parliament and of the Council of 30 June 1997 on interconnection                  21 December 1999 providing for the general rules for a
in Telecommunications with regard to ensuring universal service and               compulsory beef labelling system;
interoperability through application of the principles of Open
Network Provision (ONP) must be interpreted as not precluding the
Member States from authorising national regulatory authorities to           2.    Orders that the effects of those provisions of the contested
impose on an operator having significant power on the market the ex               regulation pursuant to which the Member States may have
ante obligation to provide access to the local subscriber loop and to             adopted decisions which could be affected by the annulment are
offer interconnection at local and higher-level switching centres.                to be regarded as definitive;
                                                                            3.    Orders the Council of the European Union to pay the costs;
( 1) OJ C 135 of 13.5.2000.
                                                                            4.    Orders the Kingdom of Spain and the Commission of the
                                                                                  European Communities to bear their own costs.
                                                                            (1) OJ C 135 of 13.5.2000.
                 JUDGMENT OF THE COURT
                       of 13 December 2001
                                                                                             JUDGMENT OF THE COURT
in Case C-93/00: European Parliament v Council of the
                         European Union (1)                                                           (Fifth Chamber)
                                                                                                  of 13 December 2001
(Regulation (EC) No 2772/1999 — Beef labelling system —
                    Competence of the Council)
                                                                            in Case C-131/00 (Reference for a preliminary ruling from
                                                                            the Länsrätten i Norrbottens län): Ingemar Nilsson v
                           (2002/C 44/06)                                                  Länsstyrelsen i Norrbottens län (1)
                                                                            (Common agricultural policy — Regulation (EEC)
                     (Language of the case: French)                         No 3508/92 — Regulation (EEC) No 3887/92 — Integrated
                                                                            administration and control system for certain Community
                                                                            aid schemes — Detailed rules for application — Register of
(Provisional translation; the definitive translation will be published           animals not kept up to date by farmer — Penalties)
                    in the European Court Reports)
                                                                                                       (2002/C 44/07)
                                                                                               (Language of the case: Swedish)
In Case C-93/00: European Parliament (Agents: C. Pennera and
E. Waldherr) v Council of the European Union (Agents:
G. Maganza and J. Monteiro), supported by Kingdom of Spain                  (Provisional translation; the definitive translation will be published
(Agent: R. Silva de Lapuerta) and by Commission of the                                         in the European Court Reports)
European Communities (Agent: G. Berscheid) — application
for annulment of Council Regulation (EC) No 2772/1999 of
21 December 1999 providing for the general rules for a
compulsory beef labelling system (OJ 1999 L 334, p. 1) — the                In Case C-131/00: Reference to the Court under Article 234
Court, composed of: G.C. Rodrı́guez Iglesias, President, P. Jann,           EC by the Länsrätten i Norrbottens län (Sweden) for a
F. Macken, N. Colneric and S. von Bahr (Presidents of                       preliminary ruling in the proceedings pending before that court
Chambers), A. La Pergola, J.-P. Puissochet, L. Sevón (Rapporte-            between Ingemar Nilsson and Länsstyrelsen i Norrbottens
ur), M. Wathelet, V. Skouris and J.N. Cunha Rodrigues, Judges;              län on the interpretation of Article 5 of Regulation (EEC)
C. Stix-Hackl, Advocate General; L. Hewlett, Administrator, for             No 3508/92 of 27 November 1992 establishing an integrated
the Registrar, has given a judgement on 13 December 2001,                   administration and control system for certain Community aid
in which it:                                                                schemes (OJ 1992 L 355, p. 1), the Court (Fifth Chamber),