CELEX: C2003/200/02
Language: en
Date: 2003-08-23 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 10 July 2003 in Case C-246/00: Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to comply with its obligations — Directive 91/439/EEC — Driving licences — Mutual recognition — Compulsory registration — Calculation of the duration of validity)

C 200/2                 EN                            Official Journal of the European Union                                                23.8.2003
                  JUDGMENT OF THE COURT                                             the Decree of 18 June 1996, together with Article 109(5) of
                                                                                    the 1994 Wegenverkeerswet, read in conjunction with
                                                                                    Articles 11, 28 and 33 of the Reglement Rijbewijzen, the
                                                                                    Kingdom of the Netherlands has failed to comply with its
                           (Sixth Chamber)                                          obligations under Articles 1(2) and 6(1)(c) of, and point 4 of
                                                                                    Annex III to, Council Directive 91/439/EEC of 29 July 1991
                                                                                    on driving licences, as amended by Council Directive 96/47/EC
                                                                                    of 23 July 1996;
                           of 10 July 2003
                                                                              2.    Dismisses the remainder of the application;
in Case C-246/00: Commission of the European Commu-
                                                                              3.    Orders the Kingdom of the Netherlands to pay the costs;
            nities v Kingdom of the Netherlands (1)
                                                                              4.    Orders the Kingdom of Spain to bear its own costs.
(Failure by a Member State to comply with its obligations —
Directive 91/439/EEC — Driving licences — Mutual recog-                       (1) OJ C 259 of 9.9.2000.
nition — Compulsory registration — Calculation of the
                         duration of validity)
                           (2003/C 200/02)
                     (Language of the case: Dutch)                                              JUDGMENT OF THE COURT
                                                                                                         (Fifth Chamber)
(Provisional translation; the definitive translation will be published in
                      the European Court Reports)
                                                                                                         of 19 June 2003
                                                                              in Case C-329/00: Kingdom of Spain v Commission of the
In Case C-246/00, Commission of the European Communities                                           European Communities (1)
(Agents: M. Wolfcarius and H.M.H. Speyart) v Kingdom of the
Netherlands (Agent: A. Fierstra), supported by Kingdom of
Spain (Agent: R. Silva de Lapuerta), Application for a declara-               (EAGGF — Clearing of accounts — 1996 and 1997 finan-
tion that, by adopting and maintaining in force Articles 107(1),                     cial years — Compensation for banana producers)
108(1)(h), 109 and 111(1)(a) of the Wegenverkeerswet (Road
Traffic Law) of 21 April 1994 (Stbl. 1994 No 475), as amended
(Stbl. 1996 No 276) and Article 100 of the Reglement Rijbe-
                                                                                                         (2003/C 200/03)
wijzen (Decree on driving licences) of 28 May 1996
(Stbl. 1996 No 277), as amended by the Decree of 18 June
1996 (Stbl. 1996 No 326), the Kingdom of the Netherlands
has failed to comply with its obligations under Articles 1(2)                                     (Language of the case: Spanish)
and 6(1)(c) of, and point 4 of Annex III to, Council Directive
91/439/EEC of 29 July 1991 on driving licences (OJ 1991
L 237, p. 1), as amended by Council Directive 96/47/EC of                     (Provisional translation; the definitive translation will be published in
23 July 1996 (OJ 1996 L 235, p. 1), the Court (Sixth                                                the European Court Reports)
Chamber), composed of: R. Schintgen (Rapporteur), President
of the Second Chamber, acting as President of the Sixth
Chamber, C. Gulmann, V. Skouris, F. Macken and N. Colneric,
Judges; P. Léger, Advocate General; H. von Holstein, Deputy                   In Case C-329/00: Kingdom of Spain (Agent: R. Silva de
Registrar, has given a judgment on 10 July 2003, in which it:                 Lapuerta) against Commission of the European Communities
                                                                              (Agents: S. Pardo and M. Niejahr, assisted by J. Guerra
                                                                              Fernández) — application for annulment of Commission Deci-
                                                                              sion 2000/449/EC of 5 July 2000 excluding from Community
1.    Declares that, by adopting and maintaining in force                     financing certain expenditure incurred by the Member States
      Articles 107(1), 108(1)(h) and Article 111(1)(a) of the                 under the Guarantee Section of the European Agricultural
      Wegenverkeerswet (Road Traffic Law) of 21 April 1994, as                Guidance and Guarantee Fund (EAGGF) (OJ 2000 L 180,
      amended, as well as Article 100 of the Reglement Rijbewijzen            p. 49) in so far as it provides for a financial adjustment to
      (Decree on driving licences) of 28 May 1996, as amended by              made to the expenses declared by the Kingdom of Spain as