Judgment of the Court 15 January 2002 in Case C-196/01: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Environment — Directive 75/442/EEC — Decision 94/3/EC — European Waste Catalogue)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, catalogue, waste, waste management

6.4.2002

EN

Official Journal of the European Communities

C 84/29

to fulfil its obligations under that directive, the Court (Second
Chamber), composed of: N. Colneric, President of the Chamber,
R. Schintgen (Rapporteur) and V. Skouris, Judges, Advocate
General: D. Ruiz-Jarabo Colomer, Registrar: R. Grass, has given
a judgment on 17 January 2002, in which it:

composed of: N. Colneric, President of
the Chamber,
R. Schintgen (Rapporteur) and V. Skouris, Judges, Advocate
General: D. Ruiz-Jarabo Colomer, Registrar: R. Grass, has given
a judgment on 17 January 2002, in which it:

1. Declares that, by failing to adopt within the period prescribed
the laws, regulations and administrative provisions necessary to
comply with Council Directive 96/82/EC of 9 December 1996
on the control of major-accident hazards involving dangerous
substances, Ireland has failed to fulfil its obligations under that
directive;

2. Orders Ireland to pay the costs.

(1) OJ C 355 of 9.12.2000.

1. Declares that by failing to adopt, within the prescribed period,
all the laws, regulations and administrative provisions necessary
to comply with Council Directive 96/82/EC of 9 December
1996 on the control of major-accident hazards involving
dangerous substances, the Kingdom of Belgium has failed to
fulfil its obligations under that directive;

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 28 of 27.1.2001.

JUDGMENT OF THE COURT

15 January 2002

JUDGMENT OF THE COURT

(Second Chamber)

17 January 2002

in Case C-423/00: Commission of the European Communi-
ties v Kingdom of Belgium (1)

its obligations —
(Failure of a Member State to fulfil
Directive 96/82/EC — Failure to implement within the
prescribed period)

in Case C-196/01: Commission of the European Communi-
ties v Grand Duchy of Luxembourg (1)

(Failure by a Member State to fulfil its obligations —
Environment — Directive 75/442/EEC — Decision 94/3/EC
— European Waste Catalogue)

(2002/C 84/48)

(Language of the case: French)

(2002/C 84/47)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-423/00, Commission of the European Communities
(Agent: G. zur Hausen) v Kingdom of Belgium (Agent:
C. Pochet): application for a declaration that, by failing to
adopt all the laws, regulations and administrative provisions
necessary to comply with Council Directive 96/82/EC of
9 December 1996 on the control of major-accident hazards
involving dangerous substances (OJ 1997 L 10, p. 13) and, in
any event, by failing to notify the Commission of those
provisions, the Kingdom of Belgium has failed to fulfil its
obligations under that directive, the Court (Second Chamber),

In Case C-196/01, Commission of the European Communities
(Agents: H. Støvlbaek and J. Adda) v Grand Duchy of
Luxembourg (Agents: N. Mackel, and, subsequently, J. Faltz):
application for a declaration that the Grand Duchy of Luxem-
bourg has failed to fulfil its obligations under Article 1(a) of
Council Directive 75/442/EEC of 15 July 1975 on waste (OJ
1975 L 194, p. 39), as amended by Council Directive
91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32),
and Commission Decision 94/3/EC of 20 December 1993
establishing a list of wastes pursuant to Article 1(a) of Directive
75/442 (OJ 1994 L 5, p. 15), the Court (First Chamber),
composed of: P. Jann, President of the Chamber, L. Sevo´ n
Judges, Advocate General:
(Rapporteur) and M. Wathelet,
P. Léger, Registrar: R. Grass, has given a judgment on
15 January 2002, in which it:

C 84/30

EN

Official Journal of the European Communities

6.4.2002

1. Declares that the Grand Duchy of Luxembourg has failed to
fulfil its obligations under Article 1(a) of Council Directive
75/442/EEC of 15 July 1975 on waste, as amended by
Council Directive 91/156/EEC of 18 March 1991, and
Commission Decision 94/3/EC of 20 December 1993 estab-
lishing a list of wastes pursuant to Article 1(a) of Directive
75/442;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 200 of 14.7.2001.

1.

2.

The application is dismissed as manifestly inadmissible.

The parties shall bear their own costs.

(1) OJ C 226 of 7.8.1999.

ORDER OF THE COURT

(First Chamber)

of 11 October 2001

ORDER OF THE COURT

(Sixth Chamber)

of 27 November 2001

in Case C-208/99: Portuguese Republic v Commission of
the European Communities (1)

(EAGGF, Guidance Section — Decision of the Commission
withdrawing financial assistance granted under Article 8
of Regulation (EEC) No 4256/88 — Action for partial
annulment against the designation of a Member State as
recipient — Manifestly inadmissible)

in Case C-30/00 (reference for a preliminary ruling from
the Supremo Tribunal Administrativo (Portugal)): William
Hinton & Sons Lda v Fazenda Pu´ blica, intervener: Minis-
tério Pu´ blico (1)

(Article 104(3) of the Rules of Procedure Post-clearance
recovery of import duties — Entry in the accounts of the
import duties to be collected — Expiry of the time-limit for
taking action for recovery — Article 254 of the Act of
Accession of Spain and Portugal — Obligation incumbent
on the Portuguese Republic to proceed, at its own costs, to
the elimination of certain stocks of product)

(2002/C 84/50)

(Language of the case: Portuguese)

(2002/C 84/49)

(Language of the case: Portuguese)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-208/99: Portuguese Republic (Agents: L. Fernandes,
Aˆ . Cortesa˜o de Seiça Neves and P. Fraga˜o) v Commission of
the European Communities (Agents: A.M. Alves Vieira and
P. Oliver) — application for partial annulment of C(1999)543,
C(1999)544 and C(1999)545 of 4 March 1999 withdrawing
the assistance granted to Belgravia Lda, Floreurop — Productos
Florestais Lda and Ordinal-Gesta˜o de Investimentos Lda
respectively under the Guidance Section of the European
Agriculture Guidance and Guarantee Fund (EAGGF) — the
Court (Sixth Chamber), composed of: F. Macken, President,
N. Colneric, C. Gulmann, J.-P. Puissochet (Rapporteur) and
V. Skouris, Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, gave a judgment on 27 November 2001,
the
operative part of which is as follows:

In Case C-30/00: reference to the Court under Article 234
EC from the Supremo Tribunal Administrativo (Supreme
Administrative Tribunal)
for a preliminary ruling in the
proceedings pending before that court between William Hin-
ton & Sons Lda and Fazenda Pu´ blica, intervener: Ministério
Pu´ blico — on the interpretation of Articles 1, 2 and 5 of
Council Regulation (EEC) No 1697/79 of 24 July 1979 on the
post-clearance recovery of import duties or export duties
which have not been required of the person liable for payment
on goods entered for a customs procedure involving the
obligation to pay such duties (OJ 1979 L 197, p. 1), Article 254
of the 1985 Act concerning the conditions of accession and
the adjustments to the Treaties (OJ 1985 L 302, p. 23), Article 8
of Council Regulation (EEC) N3771/85 of 20 December 1985
on stocks of agricultural products in Portugal (OJ 1985 L 362,
p. 21) and Articles 4 and 8 of Commission Regulation (EEC)
No 579/86 of 28 February 1986 laying down detailed rules
relating to stocks of products in the sugar sector in Spain and