CELEX: C2003/275/09
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court of 30 September 2003 In Joined Cases C-57/00 P and C-61/00 P: Freistaat Sachsen, Volkswagen AG and Volkswagen Sachsen GmbH v Commission of the European Communities (State aid — Compensation for the economic disadvantages caused by the division of Germany — Serious disturbance in the economy of a Member State — Regional economic development — Community framework for State aid in the motor vehicle industry)

C 275/4                EN                          Official Journal of the European Union                                            15.11.2003
judgment of the Court of First Instance of the European                    1.    Dismisses the appeal;
Communities (Second Chamber, Extended Composition) of
11 March 1999 in Case T-157/94 Ensidesa v Commission                       2.    Orders Corus UK Ltd to pay the costs.
[1999] ECR II-707, seeking to have that judgment set aside,
the other party to the proceedings being: Commission of the
                                                                           (1) OJ C 204 of 17.7.1999.
European Communities (Agents: J. Currall and W. Wils),
assisted by J. Rivas de Andrés), the Court (Fifth Chamber),
composed of: M. Wathelet, President of the Chamber,
D.A.O. Edward, A. La Pergola, P. Jann (Rapporteur) and S. von
Bahr, Judges; C. Stix-Hackl, Advocate General; M.-F. Contet,
Principal Administrator, for the Registrar, has given a judgment
on 2 October 2003, in which it:                                                             JUDGMENT OF THE COURT
                                                                                                 of 30 September 2003
1.    Dismisses the appeal;
                                                                           In Joined Cases C-57/00 P and C-61/00 P: Freistaat Sachsen,
2.    Orders Empresa Siderúrgica SA (Ensidesa) to pay the costs.
                                                                           Volkswagen AG and Volkswagen Sachsen GmbH v Com-
                                                                                     mission of the European Communities (1)
(1) OJ C 299 of 16.10.1999.
                                                                           (State aid — Compensation for the economic disadvantages
                                                                           caused by the division of Germany — Serious disturbance in
                                                                           the economy of a Member State — Regional economic
                                                                           development — Community framework for State aid in the
                                                                                                 motor vehicle industry)
                                                                                                    (2003/C 275/09)
                JUDGMENT OF THE COURT
                                                                                              (Language of the case: German)
                         (Fifth Chamber)                                   (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                       of 2 October 2003
                                                                           In Joined Cases C-57/00 P and C-61/00 P, Freistaat Sachsen
in Case C-199/99 P: Corus UK Ltd v Commission of the                       (represented by J. Sedemund) with an address for service in
                  European Communities (1)                                 Luxembourg (C-57/00 P), Volkswagen AG and Volkswagen
                                                                           Sachsen GmbH (represented by M. Schütte) with an address
(Appeal — Agreements and concerted practices — European                    for service in Luxembourg (C-61/00 P): Appeals against the
                       producers of beams)                                 judgment of the Court of First Instance of the European
                                                                           Communities (Second Chamber, Extended Composition) of
                                                                           15 December 1999 in Joined Cases T-132/96 and T-143/96
                        (2003/C 275/08)                                    Freistaat Sachsen and Others v Commission [1999] ECR II-
                                                                           3663, seeking to have that judgment set aside, the other parties
                                                                           to the proceedings being: Commission of the European
                   (Language of the case: English)                         Communities (Agent: K.-D. Borchardt, assisted by M. Núñez-
                                                                           Müller) with an address for service in Luxembourg, Federal
                                                                           Republic of Germany (Agent: T. Oppermann) and United
                                                                           Kingdom of Great Britain and Northern Ireland, the Court,
In Case C-199/99 P, Corus UK Ltd, formerly British Steel plc,              composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissoch-
established in London (United Kingdom), (represented by                    et, M. Wathelet, R. Schintgen and C.W.A. Timmermans
P. Collins and M. Levitt, solicitors): Appeal against the judg-            (Presidents of Chambers), D.A.O. Edward, P. Jann, V. Skouris,
ment of the Court of First Instance of the European Communi-               F. Macken (Rapporteur), S. von Bahr and J.N. Cunha Rodrigues,
ties (Second Chamber, Extended Composition) of 11 March                    Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
1999 in Case T-151/94 British Steel v Commission [1999]                    Administrator, for the Registrar, has given a judgment on
ECR II-629, seeking to have that judgment set aside, the other             30 September 2003, in which it:
party to the proceedings being: Commission of the European
Communities (Agents: J. Currall and W. Wils, assisted by                   1.    Dismisses the appeals;
J. Flynn, barrister), the Court (Fifth Chamber), composed of:
M. Wathelet, President of the Chamber, D.A.O. Edward, A. La                2.    Orders the Freistaat Sachsen to pay the costs in Case C-57/
Pergola, P. Jann (Rapporteur) and S. von Bahr, Judges; C. Stix-                  00 P;
Hackl, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, has given a judgment on 2 October               3.    Orders Volkswagen AG and Volkswagen Sachsen GmbH to
2003, in which it:                                                               pay the costs in Case C-61/00 P;
 ---pagebreak--- 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