CELEX: C2002/180/02
Language: en
Date: 2002-07-27 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 13 June 2002 In Joined Cases C-430/99 and C-431/99 (Reference for a preliminary ruling from the Raad van State): Inspecteur van de Belastingdienst Douane, Rotterdam district v Sea-Land Service Inc. (C-430/99), Nedlloyd Lĳnen BV (C-431/99) (Maritime transport — Freedom to provide services — Vessel traffic services system)

27.7.2002               EN                           Official Journal of the European Communities                                         C 180/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       of: S. von Bahr, President of the Fourth Chamber, acting as
                                                                             President of the Fifth Chamber, D.A.O. Edward and M. Wathe-
                                                                             let, Judges; P. Léger, Advocate General; H.A. Rühl, Principal
                          (Fifth Chamber)                                    Administrator, for the Registrar, gave a judgment on 13 June
                                                                             2002, in which it:
                          of 13 June 2002                                    1.    dismisses the application;
                                                                             2.    orders the Kingdom of the Netherlands to pay the costs.
in Case C-382/99: Kingdom of the Netherlands v Com-
          mission of the European Communities (1)
                                                                             (1) OJ C 47 of 19.2.2000.
(State aid — Commission notice on the de minimis rule for
State aid — Service stations — Excise duties — Likelihood
of overlapping aid — Legitimate expectations — Principle
       of legal certainty — Obligation to state reasons)
                                                                                              JUDGMENT OF THE COURT
                          (2002/C 180/01)                                                             (Sixth Chamber)
                    (Language of the case: Dutch)                                                      of 13 June 2002
                                                                             In Joined Cases C-430/99 and C-431/99 (Reference for a
(Provisional translation; the definitive translation will be published       preliminary ruling from the Raad van State): Inspecteur
                   in the European Court Reports)                            van de Belastingdienst Douane, Rotterdam district v Sea-
                                                                             Land Service Inc. (C-430/99), Nedlloyd Lijnen BV (C-431/
                                                                                                             99) (1)
                                                                             (Maritime transport — Freedom to provide services — Vessel
In Case C-382/99: Kingdom of the Netherlands (Agents:                                              traffic services system)
M. Fierstra) v Commission of the European Communities
(Agent: G. Rozet and H. M. H. Speyart, assisted by J. C. M. van                                        (2002/C 180/02)
der Beek, and L. Hancher) — application for partial annulment
of Commission’s decision 1999/705/EC of 20 July 1999                                             (Language of the case: Dutch)
concerning State aid granted by the Netherlands with regard
to 633 Netherlands petrol stations in the region bordering
Germany (OJ 1999 L 280, p. 87), in so far as it finds that the               (Provisional translation; the definitive translation will be published
subsidies granted to certain categories of service station                                      in the European Court Reports)
are incompatible with the common market and with the
functioning of the Agreement on the European Economic Area
of 2 May 1992 (OJ 1994 L 1, p. 3) and orders recovery of the                 In Joined Cases C-430/99 and C-431/99: Reference to the
aid already granted — the Court (Fifth Chamber), composed                    Court under Article 234 EC by the Raad van State, Netherlands,
 ---pagebreak--- C 180/2                    EN                        Official Journal of the European Communities                                             27.7.2002
for a preliminary ruling in the proceedings pending before that                 Abad): Application for a declaration that, by failing to adopt
court between Inspecteur van de Belastingdienst Douane,                         the measures necessary to transpose correctly the obligation
Rotterdam district and Sea-Land Service Inc. (C-430/99),                        arising from Articles 2(1) and 4(2) of Council Directive 85/
Nedlloyd Lijnen BV (C-431/99), on the interpretation of                         337/EEC of 27 June 1985 on the assessment of the effects of
Articles 92, 59 and 56 of the EC Treaty (now, after amendment,                  certain public and private projects on the environment
Articles 87 EC, 49 EC and 46 EC) and Council Regulation                         (OJ 1985 L 175, p. 40), in conjunction with Annex II thereto,
(EEC) No 4055/86 of 22 December 1986 applying the                               and by maintaining in force legislation which, in breach of
principle of freedom to provide services to maritime transport                  those provisions, does not enable an assessment of the
between Member States and between Member States and third                       environmental effects to be carried out in the whole of the
countries (OJ 1986 L 378, p. 1), the Court (Sixth Chamber),                     national territory in respect of certain classes of project listed
composed of: F. Macken, President of the Chamber, C. Gul-                       in Annex II to that directive and, in a considerable part of that
mann (Rapporteur), J.-P. Puissochet, R. Schintgen and                           territory, in respect of many other classes of project listed in
J.N. Cunha Rodrigues, Judges; S. Alber, Advocate General;                       the same annex, the Kingdom of Spain has failed to fulfil its
L. Hewlett, Administrator, for the Registrar, has given a                       obligations under that directive, the Court (Sixth Chamber),
judgment on 13 June 2002, in which it has ruled:                                composed of: F. Macken, President of the Chamber,
                                                                                J.-P. Puissochet (Rapporteur) and V. Skouris, Judges; L.A. Geel-
As regards situations falling within the scope of Council Regulation            hoed, Advocate General; L. Hewlett, Administrator, for the
(EEC) No 4055/86 of 22 December 1986 applying the principle of                  Registrar, has given a judgment on 13 June 2002, in which it:
freedom to provide services to maritime transport between Member
States and between Member States and third countries, that                      1.     Declares that, by failing to adopt within the prescribed period
regulation, in conjunction with Articles 56 and 59 of the EC Treaty                    all the laws, regulations and administrative measures necessary
(now, after amendment, Articles 46 EC and 49 EC), does not preclude                    to comply with Articles 2(1) and 4(2) of Council Directive 85/
a vessel traffic services system, such as the ‘verkeersbegeleidingssysteem’            337/EEC of 27 June 1985 on the assessment of the effects of
system at issue in the main proceedings, which requires the payment                    certain public and private projects on the environment, in
of a tariff by sea-going vessels longer than 41 metres which                           conjunction with Annex II thereto, the Kingdom of Spain has
participate in that system on a mandatory basis, while other vessels,                  failed to fulfil its obligations under that directive;
such as inland waterway vessels, are exempt from that tariff, in so far
as there is in fact a correlation between the amount of that tariff and         2.     Orders the Kingdom of Spain to pay the costs.
the cost of the service from which those sea-going vessels benefit.
                                                                                (1) OJ C 47 of 19.2.2000.
(1) OJ C 20 of 22.1.2000.
                                                                                                   JUDGMENT OF THE COURT
                    JUDGMENT OF THE COURT
                                                                                                              (Fifth Chamber)
                             (Sixth Chamber)
                             of 13 June 2002                                                                   of 6 June 2002
in Case C-474/99: Commission of the European Communi-                           in Case C-80/00 (Reference for a preliminary ruling from
                      ties v Kingdom of Spain (1)                               the Bundesgerichtshof): Italian Leather SpA v WECO
                                                                                                    Polstermöbel GmbH & Co. (1)
(Failure by a Member State to fulfil its obligations —
Directive 85/337/EEC — Assessment of the effects of certain                     (Brussels Convention — Article 27(3) — Irreconcilability —
public and private projects on the environment — Incomplete                     Enforcement procedures in the State where enforcement is
                               transposition)                                                                      sought)
                             (2002/C 180/03)                                                                  (2002/C 180/04)
                      (Language of the case: Spanish)                                                 (Language of the case: German)
(Provisional translation; the definitive translation will be published          (Provisional translation; the definitive translation will be published
                      in the European Court Reports)                                                  in the European Court Reports)
In Case C-474/99, Commission of the European Communities                        In Case C-80/00: Reference to the Court, under the Protocol
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent: N. Dı́az                  of 3 June 1971 on the interpretation by the Court of Justice of