Judgment of the Court (Third Chamber) of 6 June 2002 in Case C-146/01: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Directive 90/641/Euratom — Protection of workers — Outside workers exposed to the risk of ionising radiation during their activities in controlled areas)
Date: 2002-07-27
Institutions: Court of Justice
Subjects: European Commission, action for failure to fulfil an obligation, ionising radiation, occupational health, protective equipment, radiation protection

27.7.2002

EN

Official Journal of the European Communities

C 180/7

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 6 June 2002

in Case C-146/01: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure by a Member State to fulfil its obligations —
Directive 90/641/Euratom — Protection of workers —
Outside workers exposed to the risk of ionising radiation
during their activities in controlled areas)

(2002/C 180/11)

(Language of the case: French)

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

In Case C-146/01, Commission of the European Communities
(Agent: L. Ström, assisted by M. van der Woude) v Kingdom of
Belgium (Agent: A. Snoecx): Application for a declaration that,
by failing to adopt or to notify to the Commission, within the
prescribed period, the laws, regulations and administrative
provisions necessary to comply with Articles 4(2), 5 and 6 of,
and Annexes I and II to, Council Directive 90/641/Euratom of
4 December 1990 on the operational protection of outside
workers exposed to the risk of ionising radiation during their
activities in controlled areas (OJ 1990 L 349, p. 21), the
Kingdom of Belgium has failed to fulfil its obligations under
that directive,
(Third Chamber), composed of:
F. Macken, President of the Chamber, C. Gulmann (Rapporteur)
and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, has given a judgment on 6 June
2002, in which it:

the Court

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative provisions necessary to
comply with Articles 4(2), 5 and 6 of, and Annexes I and II
to, Council Directive 90/641/Euratom of 4 December 1990
on the operational protection of outside workers exposed to the
risk of ionising radiation during their activities in controlled
areas, the Kingdom of Belgium has failed to fulfil its obligations
under that directive;

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

(Fourth Chamber)

of 6 June 2002

in Case C-177/01: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations —
Articles 4 and 11 of Directive 96/59/EC on the disposal of
polychlorinated biphenyls and polychlorinated terphenyls
(PCB/PCT))

(2002/C 180/12)

(Language of the case: French)

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

In Case C-177/01, Commission of the European Communities
(Agents: H. Støvlbaek and J. Adda) v French Republic (Agents:
G. de Bergues and D. Colas): Application for a declaration that,
by failing to communicate to the Commission a summary of
the inventories of equipment with PCB volumes of more than
5 dm3, a plan for the decontamination and/or disposal of the
inventoried equipment and the PCBs contained therein, and an
outline for the collection and subsequent disposal of equip-
ment which is not subject to inventory in accordance with
Article 4(1) of Council Directive 96/59/EC of 16 September
1996 on the disposal of polychlorinated biphenyls and
polychlorinated terphenyls (PCB/PCT) (OJ 1996 L 243, p. 31),
as referred to in Article 6(3) of that directive, the French
Republic has failed to fulfil its obligations under Articles 4 and
11 of that directive, the Court (Fourth Chamber), composed
of: S. von Bahr, President of the Chamber, D.A.O. Edward and
A. La Pergola (Rapporteur), Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, has given a judgment on 6 June
2002, in which it:

1. Declares that, by failing to communicate to the Commission of
the European Communities a summary of the inventories of
equipment with PCB volumes of more than 5 dm3, a plan
for the decontamination and/or disposal of the inventoried
equipment and the PCBs contained therein, and an outline for
the collection and subsequent disposal of equipment which is
not subject to inventory in accordance with Article 4(1) of
Council Directive 96/59/EC of 16 September 1996 on
the disposal of polychlorinated biphenyls and polychlorinated
terphenyls (PCB/PCT), as referred to in Article 6(3) of that
directive, the French Republic has failed to fulfil its obligations
under Articles 4 and 11 of that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 150 of 19.5.2001.

(1) OJ C 173 of 16.6.2001.