CELEX: C2003/044/19
Language: en
Date: 2003-02-22 00:00:00
Title: Judgment of the Court (First Chamber) of 16 January 2003 in Case C-63/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland Failure of a Member State to fulfil its obligations — Failure to implement Directive 98/83/EC)

C 44/10                   EN                            Official Journal of the European Union                                         22.2.2003
Regulation (EEC) No 1308/70 of the Council of 29 June 1970 on                   2.    Orders the Kingdom of Spain to pay the costs.
the common organisation of the market in flax and hemp, as amended
by Council Regulation (EC) No 2826/2000 of 19 December 2000
on information and promotion actions for agricultural products on               (1 ) OJ C 68 of 16.3.2002.
the internal market and Regulation (EEC) No 619/71 of the Council
of 22 March 1971 laying down general rules for granting aid for
flax and hemp, as amended by Council Regulation (EC) No 1420/
98 of 26 June 1998, must be interpreted so precluding national
legislation which has the effect of prohibiting the cultivation and
possession of industrial hemp covered by those regulations.
( 1) OJ C 84 of 6.4.2002.
                                                                                                  JUDGMENT OF THE COURT
                                                                                                         (First Chamber)
                                                                                                        of 16 January 2003
                   JUDGMENT OF THE COURT
                              (First Chamber)                                   in Case C-63/02: Commission of the European Communi-
                                                                                ties v United Kingdom of Great Britain and Northern
                                                                                                             Ireland ( 1)
                          of 16 January 2003
in Case C-29/02: Commission of the European Communi-                            Failure of a Member State to fulfil its obligations — Failure
                     ties v Kingdom of Spain ( 1)                                               to implement Directive 98/83/EC)
(Failure of a Member State to fulfil its obligations — Failure                                            (2003/C 44/19)
                 to transpose Directive 98/83/EC)
                              (2003/C 44/18)                                                        (Language of the case: English)
                     (Language of the case: Spanish)
(Provisional translation; the definitive translation will be published          In Case C-63/02, Commission of the European Communities
                     in the European Court Reports)                             (Agent: M. Shotter) v United Kingdom of Great Britain and
                                                                                Northern Ireland (Agents: P. Ormond, assisted by M. Demetri-
                                                                                ou, barrister): Application for a declaration that, by failing to
                                                                                adopt for Northern Ireland and Wales all the laws, regulations
                                                                                and administrative provisions necessary to comply with
In Case C-29/02, Commission of the European Communities
                                                                                Council Directive 98/83/EC of 3 November 1998 on the
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent:
                                                                                quality of water intended for human consumption (OJ 1998
L. Fraguas Gadea): Application for a declaration that, by failing
to adopt or, in any event, to communicate to the Commission                     L 330, p. 32) or, in any event, by failing to notify such
                                                                                provisions to the Commission, the United Kingdom of Great
the laws, regulations and administrative provisions necessary
                                                                                Britain and Northern Ireland has failed to fulfil its obligations
to comply with Council Directive 98/83/EC of 3 November
1998 on the quality of water intended for human consumption                     under Article 17(1) and (2) of that directive, the Court
                                                                                (First Chamber), composed of: M. Wathelet, President of the
(OJ 1998 L 330, p. 32), the Kingdom of Spain has failed to
fulfil its obligations under that directive, the Court (First                   Chamber, P. Jann and A. Rosas (Rapporteur), Judges; S. Alber,
                                                                                Advocate General; R. Grass, Registrar, has given a judgment
Chamber), composed of: M. Wathelet, President of the Chamb-
                                                                                on 16 January 2003, in which it:
er, P. Jann and A. Rosas (Rapporteur), Judges; S. Alber,
Advocate General; R. Grass, Registrar, has given a judgment
on 16 January 2003, in which it:
                                                                                1.    Declares that, by failing to adopt for Northern Ireland and
                                                                                      Wales all the laws, regulations and administrative provisions
1.     Declares that, by failing to adopt the laws, regulations and                   necessary to comply with Council Directive 98/83/EC of
       administrative provisions necessary to comply with Council                     3 November 1998 on the quality of water intended for human
       Directive 98/83/EC of 3 November 1998 on the quality of                        consumption, the United Kingdom of Great Britain and
       water intended for human consumption, the Kingdom of Spain                     Northern Ireland has failed to fulfil its obligations under
       has failed to fulfil its obligations under that directive;                     Article 17(1) of that directive;
 ---pagebreak--- 22.2.2003                EN                          Official Journal of the European Union                                                C 44/11
2.    Orders the United Kingdom of Great Britain and Northern                                     ORDER OF THE COURT
      Ireland to pay the costs.
                                                                                                       (Sixth Chamber)
( 1) OJ C 109 of 4.5.2002.
                                                                                                    of 21 November 2002
                                                                             in Case C-360/01: Italian Republic v Commission of the
                                                                             European Communities and Council of the European
                                                                                                            Union ( 1)
                  JUDGMENT OF THE COURT
                           (First Chamber)                                   (Sugar — Pricing system — Marketing year 2001/2002 —
                                                                             Regionalisation — Non-deficit areas — Classification of
                                                                             Italy — Validity of Regulations (EC) Nos 1263/2001 and
                         of 16 January 2003                                  1260/2001 — Action for annulment — Manifestly inadmis-
                                                                                                          sible in part)
in Case C-122/02: Commission of the European Communi-
                  ties v Kingdom of Belgium (1)
                                                                                                        (2003/C 44/21)
(Failure of a Member State to fulfil its obligations — Failure
                to transpose Directive 98/83/EC)                                                  (Language of the case: Italian)
                           (2003/C 44/20)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                     (Language of the case: French)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             In Case C-360/01, Italian Republic (Agent: U. Leanza, and G de
                                                                             Bellis) v Commission of the European Communities (Agent: C.
                                                                             Cattabriga) and Council of the European Union (Agent:
In Case C-122/02, Commission of the European Communities                     F. P. Ruggeri Laderchi) — application for the annulment of
(Agents: G. Valero Jordana and J. Adda) v Kingdom of Belgium                 Article 1 of Commission Regulation (EC) No 1263/2001 fixing
(Agent: A. Snoecx): Application for a declaration that, by                   the derived intervention prices for white sugar for the 2001/
failing to adopt all the laws, regulations and administrative                02 marketing year (OJ 2001 L 178, p. 60), in so far as it fails
provisions necessary to comply fully with Council Directive                  to fix derived intervention prices for white sugar for all the
98/83/EC of 3 November 1998 on the quality of water                          areas of Italy and, in so far as necessary, the annulment of
intended for human consumption (OJ 1998 L 330, p. 32) or,                    Article 2(1)(a) of Council Regulation (EC) No 1260/2001 of
at any rate, by failing fully to inform the Commission thereof,              19 June 2001 on the common organisation of the markets in
the Kingdom of Belgium has failed to fulfil its obligations                  the sugar sector (OJ 2001 L 178, p. 1) — the Court
under that directive, the Court (First Chamber), composed of:                (Sixth Chamber), composed of: J.-P. Puissochet (President of
M. Wathelet, President of the Chamber, P. Jann and A. Rosas                  Chamber), R. Schintgen, C. Gulmann, V. Skouris and N. Col-
(Rapporteur), Judges; L.A. Geelhoed, Advocate General;                       neric (Rapporteur), Judges; J. Mischo, Advocate General;
R. Grass, Registrar, has given a judgment on 16 January 2003,                R. Grass, Registrar, gave a judgment on 21 November 2002,
in which it:                                                                 the operative part of which is as follows:
1.    Declares that, by failing to adopt all the laws, regulations and       1.    The application is dismissed as manifestly inadmissible inas-
      administrative provisions necessary to comply fully with Council             much as it is directed against the Council.
      Directive 98/83/EC of 3 November 1998 on the quality of
      water intended for human consumption, the Kingdom of
      Belgium has failed to fulfil its obligations under that directive;     2.    The Italian Republic is ordered to pay the costs relating to that
                                                                                   part of the application.
2.    Orders the Kingdom of Belgium to pay the costs.
                                                                             (1 ) OJ C 331 of 24.11.2001.
( 1) OJ C 131 of 1.6.2002.