Opinion of the Advocate General — ECLI:EU:C:1999:174
Date: 1999-03-25
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Waste
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Summary of the Judgment 
Approximation of laws — Batteries and accumulators containing certain dangerous 
substances — Directive 91/157 — Member States required to adopt special programmes 
in pursuit of certain objectives — Scope of their obligation 
(Council Directive 91/157, Art. 6) 
Article 6 of Directive 91/157 on batteries 
and accumulators containing certain dan­
gerous substances requires Member States, 
in pursuit of the objectives of that Direc­
tive, to draw up programmes and then to 
review and update them regularly. 
I - 4853 
SUMMARY — CASE C-178/98 
It follows from the wording of Article 6 
and the general scheme of the Directive that 
the various problems posed by specific 
waste such as batteries and accumulators 
are to be resolved according to a precise 
timetable. The fact that a Member State is 
expecting certain results relating to the 
objectives of the Directive before the expiry 
of the period prescribed therein for the 
implementation of those programmes does 
not excuse it from drawing up the pro­
grammes required. That obligation is not 
discharged by incomplete practical mea­
sures or fragmentary legislation. 
Nor is it possible to regard as programmes 
within the meaning of Article 6 positive 
measures which have been adopted in 
relation to the objectives set out therein, 
but which constitute no more than a series 
of legislative provisions or ad hoc measures 
which do not possess the characteristics of 
an organised and coordinated system of 
objectives. 
I - 4854