CELEX: C1998/094/03
Language: en
Date: 1998-03-28 00:00:00
Title: JUDGMENT OF THE COURT of 10 February 1998 in Case C-263/95: Federal Republic of Germany v. Commission of the European Communities (Approximation of laws - Construction products - Standing Committee on Construction)

C 94/2                EN                  Official Journal of the European Communities                                      28.3.98
on the interpretation of Article 25(1) of Commission                 1. annuls Commission Decision 95/204/EC of 31 May
Regulation (EEC) No 1354/83 of 17 May 1983 laying                         1995 implementing Article 20(2) of Council Directive
down general rules for the mobilisation and supply of                     89/106/EEC on construction products;
skimmed-milk powder, butter and butteroil as food aid
(OJ L 142, 1.6.1983, p. 1) Ð the Court (Second
Chamber), composed of: R. Schintgen (Rapporteur),                    2. orders the Commission to pay the costs.
President of the Chamber, G. F. Mancini and G. Hirsch,
Judges; P. LeÂger, Advocate-General; L. Hewlett,                     (1) OJ C 248, 23.9.1995.
Administrator, for the Registrar, has given a judgment on
29 January 1998, in which it has ruled:
Commission Regulation (EEC) No 1354/83 of 17 May
1983 laying down general rules for the mobilisation and
supply of skimmed-milk powder, butter and butteroil as                              JUDGMENT OF THE COURT
food aid must be interpreted to the effect that in the
absence of force majeure a tenderer who has failed to                                        (Fifth Chamber)
deliver the goods concerned within the appropriate time                                   of 12 February 1998
limits must bear all the financial consequences of that
failure in accordance with the first paragraph of                    in    Case    C-92/96: Commission of the European
Article 25(1) of that Regulation, even if the tendering                          Communities v. Kingdom of Spain (1)
securities have already been declared forfeit in application         (Failure to fulfil obligations Ð Directive 76/160/EEC Ð
of Article 26(6) of that Regulation, and those securities                              Quality of bathing water)
may not be deducted from the amounts due as
compensation for the damage caused by failure to deliver                                       (98/C 94/04)
the goods on the basis of the first paragraph of
Article 25(1) of the Regulation.                                                    (Language of the case: Spanish)
(1) OJ C 370, 7.12.1996.
                                                                       (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
                                                                     In Case C-92/96: Commission of the European
                                                                     Communities (Agents: Richard Wainwright and Fernando
              JUDGMENT OF THE COURT                                  Castillo de la Torre) v. Kingdom of Spain (Agent: Gloria
                     of 10 February 1998                             Calvo Díaz) Ð application for a declaration that, by
                                                                     failing to take all necessary measures to ensure that the
in Case C-263/95: Federal Republic of Germany v.
                                                                     quality of inshore bathing waters in Spain conforms to the
       Commission of the European Communities (1)
                                                                     limit values set in Article 3 of Council Directive 76/160/
(Approximation of laws Ð Construction products Ð                     EEC of 8 December 1975 concerning the quality of
           Standing Committee on Construction)                       bathing water (OJ L 31, 5.2.1976, p. 1), the Kingdom of
                                                                     Spain has failed to fulfil its obligations under Article 4 of
                         (98/C 94/03)
                                                                     that Directive and under Articles 5 and 189 of the EC
                                                                     Treaty Ð the Court (Fifth Chamber), composed of: C.
               (Language of the case: German)                        Gulmann, President of the Chamber, M. Wathelet, J. C.
                                                                     Moitinho de Almeida (Rapporteur), P. Jann and L. Sevón,
                                                                     Judges: C. O. Lenz, Advocate-General; D. Louterman-
  (Provisional translation; the definitive translation will be       Hubeau, Principal-Administrator, for the Registrar, has
         published in the European Court Reports)                    given a judgment on 12 February 1998, in which it:
In Case C-263/95: Federal Republic of Germany (Agents:
                                                                     1. declares that, by failing to take all necessary measures
Ernst Röder and Bernd Kloke) v. Commission of the
                                                                          to ensure that the quality of inshore bathing waters in
European Communities (Agents: Ulrich Wölker and
                                                                          Spain conforms to the limit values set in accordance
Antonio Aresu) Ð application for annulment of
                                                                          with Article 3 of Council Directive 76/160/EEC of
Commission Decision 95/204/EC of 31 May 1995
                                                                          8 December 1975 concerning the quality of bathing
implementing Article 20(2) of Council Directive 89/106/
                                                                          water, the Kingdom of Spain has failed to fulfil its
EEC on construction products (OJ L 129, 14.6.1995,
                                                                          obligations under Article 4 thereof;
p. 23) Ð the Court, composed of: G. C. Rodríguez
Iglesias, President, H. Ragnemalm, M. Wathelet, R.
Schintgen (Presidents of Chambers), G. F. Mancini, J. C.             2. orders the Kingdom of Spain to pay the costs.
Moitinho de Almeida, P. J. G. Kapteyn, D. A. O. Edward,
G. Hirsch, L. Sevón (Rapporteur) and K. M. Ioannou,
                                                                     (1) OJ C 133, 4.5.1996.
Judges; D. Ruiz-Jarabo Colomer, Advocate-General; L.
Hewlett, Administrator, for the Registrar, has given a
judgment on 10 February 1998, in which it: