Case C-454/01: Action brought on 22 November 2001 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2002-01-19
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, chemical product, waste disposal, waste management

19.1.2002

EN

Official Journal of the European Communities

C 17/11

It is not disputed by the Hellenic Republic that it must adopt
measures to comply with the abovementioned directive.

PCBs to be removed or decontaminated, the plan referred
to in Article 11 must be drawn up and notified to the
Commission.

The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-
ation of the directive at issue into Greek law.

(1) OJ L 243, 24.9.1996, p. 31.
(2) See page 8 of this Official Journal.

(1) OJ L 221, 8.8.1998, p. 23.

Action brought on 22 November 2001 by the Com-
mission of the European Communities against the Federal
Republic of Germany

(Case C-454/01)

(2002/C 17/18)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
the
ties on 22 November 2001 by the Commission of
European Communities, represented by Götz zur Hausen,
Legal Adviser, acting as Agent, with an address for service in
Luxembourg at the office of Luis Escobar Guerrero, a Member
of the Commission’s Legal Service, Wagner Centre, Kirchberg.

The Commission claims that the Court should:

1. Declare that, by failing to draw up within the prescribed
period the plan required by the first indent of Article 11(1)
of Council Directive 96/59/EC (1) of 16 September 1996
on the disposal of polychlorinated biphenyls and poly-
chlorinated terphenyls (PCB/PCT), or in any event by
failing to notify such plan to the Commission, the Federal
Republic of Germany has failed to fulfil its obligations
under the EC Treaty;

Appeal brought on 28 November 2001 by Andreas
Tessas and Polixeni Tessa against the order made on
11 September 2001 by the Court of First Instance of
the European Communities (Fourth Chamber) in Case
T-270/99 Andreas Tessas and Polixeni Tessa against
Council of the European Union, supported by the Hellenic
Republic

(Case C-461/01 P)

(2002/C 17/19)

An appeal against the order made on 11 September 2001 by
the Court of First Instance of the European Communities
(Fourth Chamber)
in Case T-270/99 Andreas Tessas and
Polixeni Tessa against Council of the European Union, support-
ed by the Hellenic Republic, was brought before the Court of
Justice of the European Communities on 28 November 2001
by Andreas Tessas and Polixeni Tessa, represented by Andreas
Tessas, of the Larissa Bar.

The appellants claim that the Court should:

— set aside in its entirety the order of the Court of First
Instance of 11 September 2001 in Case T-270/99 and
grant the form of order sought at first instance;

— order the defendant to pay the costs.

2. Order the Federal Republic of Germany to pay the costs.

Grounds of appeal and main arguments

Pleas in law and main arguments

The pleas in law and main arguments are the same as in Case
C-435/01 (2); the prescribed period for the drawing up and
notification of the plan expired on 16 September 1999. Even
if the Federal Republic of Germany has only a relatively small
amount of equipment containing PCBs and small amounts of

— Incorrect definition of the recipients of

the Council
decision contested at first instance: the Court of First
Instance wrongly held that the decision at issue was not
of direct and individual concern to the appellants.

— Infringement of the right to a fair hearing.

— Infringement of the provisions of the Rules of Procedure

concerning costs.