CELEX: C2001/245/26
Language: en
Date: 2001-09-01 00:00:00
Title: Case C-272/01: Action brought on 10 July 2001 by the Commission of the European Communities against the Portuguese Republic

C 245/14              EN                     Official Journal of the European Communities                                        1.9.2001
—    Infringement of the principle of equal treatment:                  The applicant claims that the Court should:
     The Court of First Instance failed to draw all the logical         (a)   Declare that,
     consequences from the selection board’s decision to
     delete certain questions and to take no account of the                   —     by failing to adopt all the provisions necessary so
     answers given to them.                                                         that the quality of bathing water conformed to the
                                                                                    values limits set down in Article 3 of the directive;
                                                                              —     by failing to take samples at the minimum frequency
                                                                                    laid down in the annex to the directive;
Reference for a preliminary ruling, by the Tribunal de                        —     by failing to identify all the inshore bathing areas in
Grande Instance de Dinan, by judgment of that court of                              Portugal,
28 June 2001, in the case of Ministère Public — partie
civile: Comité Région pêches maritimes against Annie
       Pansard, Gérard Bourret and Marc Kermarrec                             the Portuguese Republic has failed to fulfil its obligations
                                                                              under Directive 76/160/EEC (1) in particular as provided
                                                                              for in Article 4(1), in conjunction with Article 3, the
                       (Case C-265/01)                                        annex to the directive and with Article 1(2) and those
                                                                              provided for in Article 6(1) and (2);
                       (2001/C 245/25)
                                                                        (b) Order the Portuguese Republic to pay the costs.
Reference has been made to the Court of Justice of the
European Communites by judgment of the Tribunal de Grande
Instance de Dinan of 28 June 2001, received at the Court
Registry on 5 July 2001, for a preliminary ruling in the case
of Ministère Public — partie civile: Comite Region pêches               Pleas in law and main arguments
maritimes against Annie Pansard, Gérard Bourret and Marc
Kermarrec on the following questions:
                                                                        Although a derogation was granted under Article 395 of and
—    Can scallops caught from vessels registered in France (at          Point II-3 of Annex XXXVI to the Act of Accession of Spain
     Saint-Brieuc and Saint-Malo) in the waters of Jersey (the          and Portugal to the European Economic Community until
     Minkies) under licence issued by the Jersey authorities            31 December 1992, the level of non-conformity with the
     authorising fishing by diving be regarded as imported              mandatory values set down in the directive was, for the 2000
     products, in spite of the French legislation which applies         bathing season, 7.8 % for coastal bathing areas and 31 % for
     to fish catches the law of the flag of the fishing vessel?         inland bathing areas, which was even a decrease in conformity
                                                                        by comparison with the 1999 season.
—    Is the validity of the Order of 19 March 1980, which
     prohibits the unloading of scallops during their close
     season, affected by the provisions of the Treaty of
                                                                        Furthermore, the Portuguese authorities have still not identified
     Maastricht, which prohibit measures having an effect
                                                                        all the inland bathing areas. There is a discrepancy between
     equivalent to quantitative restrictions on imports?
                                                                        the number of inland bathing areas identified (26) and the
                                                                        number of ‘riverside beaches’, as described by the Portuguese
                                                                        authorities, eligible for Community funds (91).
                                                                        Although there has been 100 % sampling in Portugal in both
Action brought on 10 July 2001 by the Commission                        coastal bathing areas and inshore bathing areas, that percentage
of the European Communities against the Portuguese                      is only in respect of the bathing areas which have been
                           Republic                                     identified. Thus, by failing to comply with the minimum
                                                                        frequency of sampling operations because an insufficient
                                                                        number of inshore bathing areas have been identified, the
                       (Case C-272/01)                                  Portuguese Republic has failed to comply with its obligations
                                                                        under Article 6(1) and (2) of the directive.
                       (2001/C 245/26)
An action against the Portuguese Republic was brought before            (1) Council Directive 76/160/EEC of 8 December 1975 concerning
the Court of Justice of the European Communities on 10 July                 the quality of bathing water (OJ 1976 L 31, p. 1).
2001 by the Commission of the European Communities,
represented by Teresa Figueira and Gregorio Valero Jordana,
acting as Agents.