Judgment of the Court 12 March 2002 in Joined Cases C-27/00 and C-122/00 (Reference for a preliminary ruling from the — High Court of Justice (England & Wales), Queen's Bench Division (Crown Office) (C-27/00), and — High Court (C-122/00)): The Queen v Secretary of State for the Environment, Transport and the Regions, ex parte Omega Air Ltd (C-27/00) (Regulation (EC) No 925/1999 — Noise emissions of aeroplanes — Prohibition of re-engined aeroplanes with engines with a by-pass ratio of less than 3 — Validity)
Date: 2002-05-18
Institutions: Court of Justice
Subjects: Ireland, United Kingdom, civil aviation, head of State, international standard, interpretation of the law, minister

18.5.2002

EN

Official Journal of the European Communities

C 118/9

1. Dismisses the submissions of the United Kingdom of Great

Britain and Northern Ireland as intervener;

2. Declares that, by failing to obtain its adherence before 1 January
1995 to the Berne Convention for the Protection of Literary
and Artistic Works (Paris Act of 24 July 1971), Ireland has
its obligations under Article 228(7) of the
failed to fulfil
EC Treaty (now, after amendment, Article 300(7) EC) in
conjunction with Article 5 of Protocol 28 to the Agreement on
the European Economic Area of 2 May 1992;

3. Orders Ireland to pay the costs;

4. Orders the United Kingdom of Great Britain and Northern

Ireland to bear its own costs.

and Wales (Queen’s Bench Division, Crown Office)
(Case
C-27/00) and the High Court (Ireland) (Case C-122/00) for
preliminary rulings in the proceedings pending before those
courts between The Queen and Secretary of State for the
Environment, Transport and the Regions, ex parte Omega Air
Ltd (C-27/00), on the validity of Article 2(2) of Council
Regulation (EC) No 925/1999 of 29 April 1999 on the
registration and operation within the Community of certain
types of civil subsonic jet aeroplanes which have been modified
and recertificated as meeting the standards of volume I, Part II,
Chapter 3 of Annex 16 to the Convention on International
Civil Aviation, third edition (July 1993) (OJ 1999 L 115, p. 1,
and L 120, p. 47), the Court (), composed of: G.C. Rodrı´guez
Iglesias, President, P. Jann, F. Macken, N. Colneric and S. von
Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,
J.-P. Puissochet, M. Wathelet (Rapporteur), J.N. Cunha Rodri-
gues and C.W.A. Timmermans, Judges; S. Alber, Advocate
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 12 March 2002, in which it has
ruled:

(1) OJ C 63 of 4.3.2000.

Consideration of the questions submitted has disclosed no factor such
as to affect the validity of Article 2(2) of Council Regulation (EC)
No 925/1999 of 29 April 1999 on the registration and operation
within the Community of certain types of civil subsonic jet aeroplanes
which have been modified and recertificated as meeting the standards
of volume I, Part II, Chapter 3 of Annex 16 to the Convention on
International Civil Aviation, third edition (July 1993).

(1) OJ C 102 of 8.4.2000.

JUDGMENT OF THE COURT

12 March 2002

in Joined Cases C-27/00 and C-122/00 (Reference for a
preliminary ruling from the — High Court of Justice
(England & Wales), Queen’s Bench Division (Crown
Office) (C-27/00), and — High Court (C-122/00)): The
Queen v Secretary of State for the Environment, Trans-
port and the Regions, ex parte Omega Air Ltd (C-27/00) (1)

(Regulation (EC) No 925/1999 — Noise emissions of
aeroplanes — Prohibition of re-engined aeroplanes with
engines with a by-pass ratio of less than 3 — Validity)

(2002/C 118/12)

(Language of the case: English)

In Joined Cases C-27/00 and C-122/00: Reference to the Court
under Article 234 EC by the High Court of Justice of England