Case C-146/02: Action brought on 17 April 2002 by the Commission of the European Communities against the Republic of Austria
Date: 2002-06-01
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, chemical product, dangerous substance, decontamination

C 131/14

EN

Official Journal of the European Communities

1.6.2002

Action brought on 17 April 2002 by the Commission
of the European Communities against the Republic of
Austria

(Case C-146/02)

(2002/C 131/26)

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 17 April
2002 by the Commission of the European Communities,
represented by Götz zur Hausen, Legal Adviser, with an
address for service in Luxembourg at the office of Luis Escobar
Guerrero, of the Commission’s legal Service, Wagner Centre
C 254, Kirchberg.

The applicant claims that the Court should:

(1) declare that the Republic of Austria has failed to fulfil its
obligations under Articles 4(1), 5(1), 6(1) and (3) and
11(1) and (2) of Council Directive 96/59/EC of 16 Sep-
tember 1996 on the disposal of polychlorinated biphe-
nyls and polychlorinated terphenyls (PCB/PCT) (1), by

— failing to send to the Commission within the
prescribed time-limit a summary of its inventory in
accordance with the requirements of Article 4(1);

— failing correctly and/or fully to transpose the prohib-
ition contained in Article 5(1) precluding the separ-
ation of PCBs from other substances for the purpose
of re-using the PCBs;

— failing correctly and/or fully to transpose into Austri-
an law the provisions of Article 6(1) concerning the
obligation to transfer used PCBs and equipment
containing PCBs which is subject to inventory in

accordance with Article 4(1)
licensed pursuant to Article 8 of the directive;

to undertakings

— failing correctly and/or fully to transpose into Austri-
an law the provisions of Article 6(3) concerning
the removal and separate collection of equipment
containing PCBs which is not subject to inventory
in accordance with Article 4(1) of the directive;

— failing to communicate to the Commission, within
the prescribed time-limit, a plan corresponding to
the requirements of the first indent of Article 11(1)
of the directive for the decontamination and/or
disposal of inventoried equipment and the PCBs
contained therein;

— failing to communicate to the Commission, within
the prescribed time-limit, the outlines provided for
in the second indent of Article 11(1) of the directive;

(2) order the Republic of Austria to pay the costs.

Pleas in law and main arguments

The Republic of Austria was required to communicate by
16 September 1999 the various plans, outlines and summaries
of inventories provided for in Articles 11 and 4(1) of the
directive referred to in the Commission’s application; it has
not done so.

In addition, the legislation communicated by the Republic of
Austria contains none of the express provisions corresponding
to the obligations imposed by Article 5(1) (prohibition of
separation of PCBs) and Article 6(1) (obligation to transfer to
licensed undertakings) and (3) (collection of equipment not
subject to inventory) of the directive.

(1) OJ L 243, 1996, p. 31.