Judgment of the Court (Second Chamber) 17 January 2002 in Case C-394/00: Commission of the European Communities v Ireland (Failure of a Member State to fulfil its obligations — Directive 96/82/EC — Failure to transpose within the prescribed period)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, dangerous substance, environmental risk prevention, industrial hazard, safety standard

C 84/28

EN

Official Journal of the European Communities

6.4.2002

regional reference amounts for producers of soya beans, rape
seed, colza seed and sunflower seed for the 1992/93 marketing
year (OJ 1993 L 56, p. 18), the Court (Second Chamber),
composed of: N. Colneric, President of
the Chamber,
R. Schintgen (Rapporteur) and V. Skouris, Judges, Advocate
General: C. Stix-Hackl, Registrar: R. Grass, has given a judg-
ment on 7 February 2002, in which it has ruled:

Consideration of the questions submitted has disclosed no factor of
such a kind as to affect the validity of Commission Regulation (EEC)
No 525/93 of 8 March 1993 establishing the value of the final
regional reference amounts for producers of soya beans, rape seed,
colza seed and sunflower seed for the 1992/93 marketing year.

(1) OJ C 316 of 4.11.2000.

obligations under the said directives — the Court
(First
Chamber), composed of: P. Jann, President of the Chamber,
L. Sevo´ n (Rapporteur) and M. Wathelet, Judges; D. Ruiz-Jarabo
Colomer, Advocate General; R. Grass, Registrar, has given a
judgment on 11 December 2001, in which it:

1. Declares that, by failing to forward to the Commission, for the
period from 1995 to 1997, the report required under Article 18
of Council Directive 75/439/EEC of 16 June 1975 on the
disposal of waste oils, as amended by Council Directive
91/692/EEC of 23 December 1991 standardising and ration-
alising reports on the implementation of certain Directives
relating to the environment, within the period fixed by that
provision, the Italian Republic has failed to fulfil its obligations
under that directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 355 of 9.12.2000.

JUDGMENT OF THE COURT

(First Chamber)

of 11 December 2001

in Case C-376/00: Commission of the European Communi-
ties v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Directives
75/439/EEC and 75/442/EEC — National reports on
implementation — Failure to forward to the Commission)

(2002/C 84/45)

(Language of the case: Italian)

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

In Case C-376/00: Commission of the European Communities
(Agents: H. Støvlbaek and R. Amorosi) v Italian Republic
(Agent: U. Leanza, assisted by M. Fiorilli) — application for a
declaration that, by failing to forward to the Commission, for
the period from 1995 to 1997, the reports required under
Article 18 of Council Directive 75/439/EEC of 16 June 1975
on the disposal of waste oils (OJ 1975 L 194, p. 23), as
amended by Council Directive 91/692/EEC of 23 December
1991 standardising and rationalising reports on the implemen-
tation of certain Directives relating to the environment (OJ
1991 L 377, p. 48), and under Article 12 of Council Directive
75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39),
as amended by Directive 91/692/EEC, within the periods fixed
by those provisions, the Italian Republic has failed to fulfil its

JUDGMENT OF THE COURT

(Second Chamber)

17 January 2002

in Case C-394/00: Commission of the European Communi-
ties v Ireland (1)

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

(2002/C 84/46)

(Language of the case: English)

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

In Case C-394/00, Commission of the European Communities
(Agent:G. zur Hausen) v Ireland (Agent:D. O’Hagan): appli-
cation for a declaration that, by failing to adopt 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) or, in any event, by failing to
notify the Commission of those provisions, Ireland has failed

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: