CELEX: C2001/212/14
Language: en
Date: 2001-07-28 00:00:00
Title: Case C-159/01: Action brought on 13 April 2001 by the Kingdom of the Netherlands against the Commission of the European Communities

28.7.2001              EN                    Official Journal of the European Communities                                        C 212/9
Action brought on 13 April 2001 by the Kingdom of the                         used on agricultural land. As regards crops grown in
Netherlands against the Commission of the European                            glasshouses, which do come into direct contact with the
                          Communities                                         ground, a very considerable proportion of the phosphate
                                                                              and nitrogen is absorbed through the plants; conse-
                                                                              quently, it cannot be said that the ground is really
                         (Case C-159/01)                                      affected.
                                                                        —     Failure to provide an adequate statement of reasons: the
                         (2001/C 212/14)                                      Commission has wrongfully failed to state any arguments
                                                                              as to why it considers that the input norms of 460 kg
                                                                              phosphate per hectare and 800 kg nitrogen per hectare
An action against the Commission of the European Communi-                     are too high to warrant the view that the exemption is
ties was brought before the Court of Justice of the European                  justified by the nature or general scheme of the system.
Communities on 13 April 2001 by the Kingdom of the
Netherlands, represented by H.G. van Sevenster and J. van
Bakel, acting as Agents.                                                (1) OJ 1991 L 375, p. 1.
The applicant claims that the Court should:
(1) annul the Commission’s decision (C(2000) 4404 final) of
      21 December 2000 on the exemption from mineral levies
      under the manure law which the Netherlands intends to
      grant;
(2) order the Commission to pay the costs.                              Action brought on 20 April 2001 by the Commission of
                                                                        the European Communities against the Hellenic Republic
Pleas in law and main arguments                                                                  (Case C-173/01)
                                                                                                 (2001/C 212/15)
—     Infringement of Article 87(1) EC: the exemption does
      confer any advantage but merely removes an unintended
      disadvantage suffered by persons engaged in cultivation           An action against the Hellenic Republic was brought before
      in glasshouses or on substrate as a result of the fact that       the Court of Justice of the European Communities on 20 April
      the Manure Law does not take account of the actual                2001 by the Commission of the European Communities,
      removal of minerals from the holding via plant products           represented by Maria Kondou-Durande, Commission Legal
      grown in glasshouses or on substrate. Moreover, what is           Adviser.
      involved is not an exemption properly so called but
      rather a rectification designed to correct an unfairness          The Commission claims that the Court should:
      affecting certain agricultural operators by virtue of the
      Manure Law; thus, the exemption rules, by their very              —     declare that, by failing to adopt within the time-limit laid
      nature, do not constitute an advantage conferred by the                 down the laws, regulations and administrative measures
      State (or financed from State funds). Furthermore, the                  necessary in order to comply with Council Directive
      levies are not designed to generate income for the State;               99/20/EC (1) of 22 March 1999 amending Directives
      instead, they are intended to regulate the use of manure,               70/524/EEC concerning additives in feedingstuffs,
      and thus the effect on the environment. The exemption                   82/471/EEC concerning certain products used in animal
      does not affect trade between Member States.                            nutrition, 95/53/EC fixing the principles governing the
                                                                              organisation of official inspections in the field of animal
                                                                              nutrition and 95/69/EC laying down the conditions
      It is not open to the Commission, within the framework
                                                                              and arrangements for approving and registering certain
      of the procedure under Article 88 EC, to take into
                                                                              establishments and intermediaries operating in the animal
      consideration the compatibility of the exemption rules
                                                                              feed sector, the Hellenic Republic has failed to fulfil its
      with the Nitrates Directive (91/676/EEC) (1). This is
                                                                              obligations under the Treaty and that directive;
      because the Commission’s assessment of the compati-
      bility or incompatibility of a measure with the common            —     order the Hellenic Republic to pay the costs.
      market must be limited to an evaluation of the economic
      aspects. As it is, the Nitrates Directive does not pursue
      any economic objective.
                                                                        Pleas in law and main arguments
      The Netherlands Government considers that, in any
      event, there can be no question of the exemption rules            In accordance with the third paragraph of Article 249 EC,
      being incompatible with the Nitrates Directive. For the           directives are binding, as to the result to be achieved, upon
      purposes of cultivation on substrate, minerals are not            each Member State to which they are addressed.