CELEX: C2000/176/23
Language: en
Date: 2000-06-24 00:00:00
Title: Case C-147/00: Action brought on 17 April 2000 by the Commission of the European Communities against the French Republic

24.6.2000              EN                   Official Journal of the European Communities                                       C 176/13
3. Do the abovementioned services fall within the scope of             represented by J.F. Pasquier, Legal Adviser, and G. Valero
    Article 13(A)(1)(g) of Regulation 77/388/EEC and can a             Jordana, of its Legal Service, acting as Agents, with an address
    taxable person rely on that provision?                             for service in Luxembourg at the office of Carlos Gómez de la
                                                                       Cruz, of its Legal Service, Wagner Centre, Kirchberg.
(1) OJ L 145 of 13.6.1977, p. 1.
                                                                       The applicant claims that the Court should:
                                                                       1. Declare that:
                                                                           — by failing to take all necessary measures to ensure that,
                                                                                within 10 years following the notification of this
                                                                                Directive, the quality of bathing water conforms to the
                                                                                limit values set in accordance with the directive,
Reference for a preliminary ruling by the Bundesgerichts-                       contrary to Article 4(1) of the directive;
hof by order of that court of 5 April 2000 in the criminal
           proceedings against Matthias Hoffmann                           — by failing to carry out sampling operations, the mini-
                                                                                mum frequency of which is laid down in the Annex in
                                                                                respect of all parameters and all bathing waters,
                        (Case C-144/00)                                         contrary to Article 6(1) of the directive; and
                        (2000/C 176/22)                                    — by failing to carry out the sampling operations for
                                                                                ‘total coliform’, the French Republic has failed to take
                                                                                all the measures necessary to comply with Directive
Reference has been made to the Court of Justice of the                          76/160/EEC (1) its obligations under Articles 3, 4, 5
European Communities by order of the Bundesgerichtshof                          and 6 of the directive;
5 April 2000, received at the Court Registry on 17 April 2000,
for a preliminary ruling in the criminal proceedings against
                                                                           the French Republic has failed to take all the measures
Matthias Hoffmann on the following questions:
                                                                           necessary to comply with its obligations under Directive
                                                                           76/160/EEC and has failed to fulfil its obligations under
1. Is Article 13(A)(1)(n) of the Sixth Council Directive                   Articles 3, 4, 5 and 6 of that directive.
    77/388/EEC of 17 May 1977 on the harmonisation of the
    laws of the Member States relating to turnover taxes —             2. Order the French Republic to pay the costs.
    common system of value added tax: uniform basis of
    assessment (OJ 1977 L 145, p. 1) to be interpreted as
    meaning that the term ‘other [recognised] cultural bodies’
    used therein also covers a soloist who supplies cultural           Pleas in law and main arguments
    services?
                                                                       — The Commission finds that a substantial number of
2. If the first question is answered in the affirmative:                   bathing areas in 1995 did not conform to the obligations
                                                                           concerning water quality more than 10 years after those
                                                                           obligations entered into force. Moreover, the results avail-
    Do restrictions arise from the heading ‘... activities in the          able for the subsequent years, like those for 1995, do not
    public interest’ chosen in Article 13(A), for example where            conform to water quality standards. Since the directive
    performances by soloists serve primarily commercial pur-               imposes on the Member States a clear and unconditional
    poses?                                                                 obligation as to the result to be achieved, namely as regards
                                                                           ensuring that the value limits are complied with, the
                                                                           Commission finds that the French Republic has failed to
                                                                           fulfil its obligations under the directive.
                                                                       — Despite the fact that sampling is clearly and uncon-
                                                                           ditionally required to be carried out by the competent
                                                                           authorities of the Member States under Community law,
Action brought on 17 April 2000 by the Commission of                       no steps have yet been taken to remedy the complaint that
 the European Communities against the French Republic                      sampling has been carried out insufficiently frequently in
                                                                           respect of all French parameters and bathing waters.
                        (Case C-147/00)                                    Finally, the Commission considers that it is unjustified to
                                                                           calculate and present to the public a figure relating to
                        (2000/C 176/23)                                    conformity arrived at by taking account only of the such
                                                                           parameters as have been correctly measured. The method
                                                                           used by the French authorities amounts to ignoring the
An action against the French Republic was brought before the               fact that certain areas which have been incorrectly sampled
Court of Justice of the European Communities on 17 April                   could well not be in conformity with the absolute value
2000 by the Commission of the European Communities,                        limits laid down by the directive.
 ---pagebreak--- C 176/14                EN                     Official Journal of the European Communities                                    24.6.2000
— By having ceased, with effect from the 1995 bathing                         (b) Council Directive 97/76/EC of 16 December 1997 (2)
     season, measuring the ‘total coliform’ parameter, despite it                  amending Directive 77/99/EEC and Directive
     still being part of the applicable Community legislation                      72/462/EEC with regard to the rules applicable to
     concerning bathing water quality, the French authorities                      minced meat, meat preparations and certain other
     have infringed a clear obligation incumbent upon them                         products of animal origin;
     under Articles 3, 4, 5 and 6 of the directive. The technical
     arguments deployed by the said authorities to justify
     their choice cannot justify, by themselves, the unilateral               (c) Commission Directive 98/51/EC of 9 July 1998 (3)
     abandonment of a clear and incontestable obligation under                     laying down certain measures for implementing
     Community law. Article 7 of the directive offers Member                       Council Directive 95/69/EC laying down the con-
     States the possibility of taking stricter measures than those                 ditions and arrangements for approving and registering
     provided for; measuring additional parameters would thus                      certain establishments and intermediaries operating in
     be in conformity with the requirements of the directive.                      the animal feed sector;
     The same cannot be said for the replacement of a
     mandatory with a non-mandatory parameter or for the                      and by failing to communicate such provisions, it has
     abandonment of one of the mandatory parameters.                          failed to fulfil its obligations under those directives and
                                                                              under the Treaty.
     Finally, the Commission points out that the unilateral
     abandonment of a parameter also affects the results
     included in the annual report on the bathing waters of the           2. order the Italian Republic to pay the costs.
     European Union by removing one factor for comparison.
     That situation moreover is unhelpful and confuses the
     person in the street as well as the media which report on
     water quality on the basis of that source.                           Pleas in law and main arguments
(1) Council Directive 76/160/EEC of 8 December 1975 concerning            Article 189 of the EC Treaty (now Article 249 EC), under
    the quality of bathing water (OJ 1976 L 31, p. 1).                    which a directive is binding, as to the result to be achieved,
                                                                          upon the Member State to which it is addressed, entails an
                                                                          obligation on Member States to adhere to the time-limits for
                                                                          transposition laid down by a directive. Those time-limits
                                                                          expired without the Italian Republic’s having enacted the
                                                                          provisions necessary to comply with the directives cited by the
                                                                          Commission in its application.
Action brought on 18 April 2000 by the Commission of
  the European Communities against the Italian Republic                   (1) OJ 1997 L 184, p. 33.
                                                                          (2) OJ 1998 L 10, p. 25.
                                                                          (3) OJ 1998 L 208, p. 43.
                          (Case C-148/00)
                          (2000/C 176/24)
An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 18 April
2000 by the Commission of the European Communities,
represented by Stefania Dragone and Francesco P. Ruggeri
Laderchi, of its Legal Service, acting as Agents, with an address
for service in Luxembourg at the office of Carlos Gómez de la            Action brought on 19 April 2000 by the Commission of
Cruz, Wagner Centre, Kirchberg.                                            the European Communities against the French Republic
The applicant claims that the Court should:                                                        (Case C-152/00)
1. declare that, by failing to adopt the laws, regulations and
                                                                                                   (2000/C 176/25)
     administrative provisions necessary to comply with
     (a) Council Directive 97/41/EC of 25 June 1997 (1)                   An action against the French Republic was brought before the
          amending Directives 76/895/EEC, 86/362/EEC,                     Court of Justice of the European Communities on 19 April
          86/363/EEC and 90/642/EEC relating to the fixing of             2000 by the Commission of the European Communities,
          maximum levels for pesticide residues in and on,                represented by Léna Ström and Jean-Francis Pasuier, Legal
          respectively, fruit and vegetables, cereals, foodstuffs of      Advisers, acting as Agents, with an address for service in
          animal origin, and certain products of plant origin,            Luxembourg at the office of Carlos Gómez de la Cruz, of its
          including fruit and vegetables;                                 Legal Service, Wagner Centre, Kirchberg.