CELEX: C2002/144/01
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court 18 April 2002 In Joined Cases C-61/96, C-132/97, C-45/98, C-27/99, C-81/00 and C-22/01: Kingdom of Spain v Council of the European Union (Fisheries — Regulation laying down limits on and distributing fishing opportunities among Member States — Requirement of relative stability — Fishing quota exchanges — Fishing quota for anchovy — Annulment)

15.6.2002               EN                      Official Journal of the European Communities                                            C 144/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1.  Annuls note 3 to the 13th heading concerning anchovy in the
                                                                                 Annex to Council Regulation (EC) No 3074/95 of 22 Decem-
                                                                                 ber 1995 fixing, for certain fish stocks and groups of fish
                           18 April 2002                                         stocks, the total allowable catches for 1996 and certain
                                                                                 conditions under which they may be fished;
In Joined Cases C-61/96, C-132/97, C-45/98, C-27/99,
C-81/00 and C-22/01: Kingdom of Spain v Council of the
                        European Union (1)
                                                                             2.  Annuls note 3 to the 14th heading concerning anchovy in
                                                                                 Annex I to Council Regulation (EC) No 390/97 of 20 Decem-
                                                                                 ber 1996 fixing, for certain fish stocks and groups of fish
(Fisheries — Regulation laying down limits on and distribut-                     stocks, the total allowable catches for 1997 and certain
ing fishing opportunities among Member States — Require-                         conditions under which they may be fished;
ment of relative stability — Fishing quota exchanges —
          Fishing quota for anchovy — Annulment)
                          (2002/C 144/01)                                    3.  Annuls note 3 to the 15th heading concerning anchovy in
                                                                                 Annex I to Council Regulation (EC) No 45/98 of 19 December
                                                                                 1997 fixing, for certain fish stocks and groups of fish stocks,
                   (Language of the case: Spanish)                               the total allowable catches for 1998 and certain conditions
                                                                                 under which they may be fished;
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                             4.  Annuls note 3 to the 15th heading concerning anchovy in
                                                                                 Annex I to Council Regulation (EC) No 48/1999 of
                                                                                 18 December 1998 fixing, for certain fish stocks and groups
                                                                                 of fish stocks, the total allowable catches for 1999 and certain
In Joined Cases C-61/96, C-132/97, C-45/98, C-27/99, C-81/                       conditions under which they may be fished;
00 and C-22/01, Kingdom of Spain (Agent: R. Silva de
Lapuerta) v Council of the European Union (Agents: J. Carbery
and G.-L. Ramos Ruano), supported by Commission of the
European Communities (Agents: T. van Rijn and J. Guerra
Fernández, and, subsequently, T. van Rijn, assisted by J. Guerra            5.  Annuls note 2 to the 9th heading concerning anchovy in
Fernández), the Court, composed of: G. C. Rodrı́guez Iglesias,                  Annex I D to Council Regulation (EC) No 2742/1999 of
President, P. Jann, F. Macken and N. Colneric (Rapporteur)                       17 December 1999 fixing for 2000 the fishing opportunities
(Presidents of Chambers), D. A. O. Edward, M. Wathelet,                          and associated conditions for certain fish stocks and groups of
R. Schintgen, V. Skouris and J. N. Cunha Rodrigues, Judges;                      fish stocks, applicable in Community waters and, for Com-
S. Alber, Advocate General; H. von Holstein, Deputy Registrar,                   munity vessels, in waters where limitations in catch are required
has given a judgment on 18 April 2002, in which it:                              and amending Regulation (EC) No 66/98;
 ---pagebreak--- C 144/2                  EN                     Official Journal of the European Communities                                         15.6.2002
6.    Annuls note 2 to the 9th heading concerning anchovy in               Nygård and Svineafgiftsfonden, intervener: Ministeriet for
      Annex I D to Council Regulation (EC) No 2848/2000 of                 Fødevarer, Landbrug og Fiskeri, on the interpretation of
      15 December 2000 fixing for 2001 the fishing opportunities           Article 9 of the EC Treaty (now, after amendment, Article 23
      and associated conditions for certain fish stocks and groups of      EC), Article 12 of the EC Treaty (now, after amendment,
      fish stocks, applicable in Community waters and, for Com-            Article 25 EC), Article 16 of the EC Treaty (repealed by the
      munity vessels, in waters where limitations in catch are required;   Treaty of Amsterdam), Article 93 of the EC Treaty (now
                                                                           Article 88 EC), and Article 95 of the EC Treaty (now, after
                                                                           amendment, Article 90 EC), the Court (Sixth Chamber),
7.    Orders the Council of the European Union to pay the costs;           composed of: N. Colneric, President of the Second Chamber,
                                                                           acting for the President of the Sixth Chamber, C. Gulmann,
                                                                           R. Schintgen, V. Skouris (Rapporteur) and J. N. Cunha Rodri-
8.    Orders the Commission of the European Communities to bear            gues, Judges; J. Mischo, Advocate General; R. Grass, Registrar,
      its own costs.                                                       has given a judgment on 23 April 2002, in which it has ruled:
(1) OJ C 133 of 4.5.1996.
                                                                           1.   A levy charged by a body established under public law according
                                                                                to identical criteria on pigs produced in a Member State for
                                                                                slaughter on the domestic market or for live export to other
                                                                                Member States, the revenue from which is allocated to activities
                                                                                benefiting the two types of production, does not fall under the
                                                                                prohibition of charges having equivalent effect to customs duties
                                                                                on exports within the meaning of Article 9 of the EC Treaty
                  JUDGMENT OF THE COURT                                         (now, after amendment, Article 23 EC), Article 12 of the EC
                                                                                Treaty (now, after amendment, Article 25 EC) and Article 16
                                                                                of the EC Treaty (repealed by the Treaty of Amsterdam). Such
                          (Sixth Chamber)                                       a levy may, however, be classified as discriminatory internal
                                                                                taxation prohibited by Article 95 of the EC Treaty (now, after
                                                                                amendment, Article 90 EC) if and to the extent to which the
                            23 April 2002                                       advantages deriving from the use made of its revenue compensate
                                                                                in part the charge imposed on pigs produced for slaughter in
                                                                                the Member State concerned, thereby placing at a disadvantage
in Case C-290/00 (Reference for a preliminary ruling from
                                                                                the production of pigs for live export to other Member States.
the Vestre Landsret): Niels Nygård v Svineafgiftsfonden,
intervener: Ministeriet for Fødevarer, Landbrug og Fis-
                                keri (1)
(National levy on pigs — Charge having an equivalent effect
                                                                           2.   The fact that a national levy is intended to finance an aid
— Internal taxation — Levy scheme authorised by the
                                                                                scheme authorised by the Commission pursuant to the Treaty
Commission as State aid compatible with the common
market — Levy incompatible with provisions of the EC                            provisions on State aid does not preclude a national court from
                                                                                examining whether such a levy is compatible with other directly
Treaty other than Articles 92 of the EC Treaty (now, after
                                                                                effective Treaty provisions.
amendment, Article 87 EC) and 93 of the EC Treaty (now
     Article 88 EC) — Discretion of the national courts)
                           (2002/C 144/02)
                    (Language of the case: Danish)
                                                                           (1) OJ C 246 of 28.8.1999.
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
In Case C-234/99: Reference to the Court under Article 234
EC by the Vestre Landsret (Denmark) for a preliminary ruling
in the proceedings pending before that court between Niels