Judgment of the Court (Sixth Chamber) of 4 October 2012 — Commission v Belgium

(Case C-391/11)

‛Failure of a Member State to fulfil obligations — Directive 2000/53/EC — Article 2(3) — Protection of the environment — End-of-life vehicles — Notion of producer’

1. Actions for failure to fulfil obligations — Application initiating proceedings — Statement of subject-matter and pleas in law — Formal requirements — National provisions at issue identified in the resonated opinion but not in the application — Whether admissible (Art. 258 TFEU; Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the Court of Justice, Art. 38(1)(c)) (see paras 23, 24, 26, 27)

2. Acts of the institutions — Directives — Implementation by Member States — Use of measures within the competence of regional or local authorities — Whether lawful — Limits — Adoption of a regional definition of a notion laid down in a directive — Attainment of the objectives of the directive not impeded — Lawfulness (Art. 288, third para., TFEU; European Parliament and Council Directive 2000/53, Art. 2, para. 3) (see paras 31, 32, 34, 41)

Re:

Failure of a Member State to fulfil obligations – Failure by a Member State to adopt, within the period prescribed, the measures necessary to comply with the provisions of Article 2(1) and (3) and Article 5(1), (2) and (4) of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ 2000 L 269, p. 34) – Notions of ‘vehicle’ and ‘producer’ – Free-of-charge delivery of end-of-life vehicles subject to conditions not provided for by the directive.

Operative part

The Court:

1. Dismisses the action;

2. Orders the European Commission and the Kingdom of Belgium each to bear their own costs.

Judgment of the Court (Sixth Chamber) of 4 October 2012 — Commission v Belgium

(Case C-391/11)

‛Failure of a Member State to fulfil obligations — Directive 2000/53/EC — Article 2(3) — Protection of the environment — End-of-life vehicles — Notion of producer’

1. Actions for failure to fulfil obligations — Application initiating proceedings — Statement of subject-matter and pleas in law — Formal requirements — National provisions at issue identified in the resonated opinion but not in the application — Whether admissible (Art. 258 TFEU; Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the Court of Justice, Art. 38(1)(c)) (see paras 23, 24, 26, 27)

2. Acts of the institutions — Directives — Implementation by Member States — Use of measures within the competence of regional or local authorities — Whether lawful — Limits — Adoption of a regional definition of a notion laid down in a directive — Attainment of the objectives of the directive not impeded — Lawfulness (Art. 288, third para., TFEU; European Parliament and Council Directive 2000/53, Art. 2, para. 3) (see paras 31, 32, 34, 41)

Re:

Failure of a Member State to fulfil obligations – Failure by a Member State to adopt, within the period prescribed, the measures necessary to comply with the provisions of Article 2(1) and (3) and Article 5(1), (2) and (4) of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ 2000 L 269, p. 34) – Notions of ‘vehicle’ and ‘producer’ – Free-of-charge delivery of end-of-life vehicles subject to conditions not provided for by the directive.

Operative part

The Court:

1. Dismisses the action;