Case C-217/02: Reference for a preliminary ruling by the Conseil d'État, Section d'Administration (Belgium) by judgment of that Court of 28 May 2002 in the case of Michel Tillieut, Association des habitants de Louvain-La-Neuve, Willy Gregoire and Association L'Épine Blanche against Région wallonne; intervener: Propreté, Assainissement, Gestion de l'Environnement SA ("PAGE")
Date: 2002-08-10
Institutions: Court of Justice
Subjects: environmental protection, interpretation of the law, national implementing measure, waste disposal, waste management

C 191/20

EN

Official Journal of the European Communities

10.8.2002

only the right to be heard in proceedings before the
competent authority for the recognition of another
breeding organisation (breeding association) but
not the right to have recognition of that other
organisation (association) refused where recognition
would endanger the preservation of the breed or
jeopardise the operation or the improvement or
selection programme of an existing organisation or
association, and

(b) no right to challenge the grant of recognition by the
authority in the courts (the Verwaltungsgerichtshof),
even where the existing organisation or association
made submissions opposing recognition?

(1) OJ L 192, p. 63.

e)

f)

In upholding the Commission in its use of the turnover
method of assessing rent subsidy,

(a)

In concluding that non-contractual benefits said to be
provided by Bass plc can be off-set against the price
differentials.

(1) OJ C 6, 8.1.2000, p. 29.
(2) Commission Regulation (EEC) No. 1984/83 of 22 June 1983 on
the application of Article 85(3) of categories of exclusive purchas-
ing agreements (OJ L 173, 30.6.1983, p. 5).

Reference for a preliminary ruling by the Verwaltungs-
gerichtshof by order of that Court of 23 May 2002 in the
action of the O¨ sterreichischer Zuchtverband für Ponys,
intervener: O¨ sterrei-
Kleinpferde und Spezialrassen;

chischer Shetlandponyzuchtverband

(Case C-216/02)

(2002/C 191/32)

Reference for a preliminary ruling by the Conseil d’E´ tat,
Section d’Administration (Belgium) by judgment of that
Court of 28 May 2002 in the case of Michel Tillieut,
Association des habitants de Louvain-La-Neuve, Willy
Gregoire and Association L’E´ pine Blanche against Région
wallonne; intervener: Propreté, Assainissement, Gestion
de l’Environnement SA (‘PAGE’)

Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgerichts-
hof (Administrative Court) of 23 May 2002, received at the
Court Registry on 12 June 2002, for a preliminary ruling in
the action of the O¨ sterreichischer Zuchtverband für Ponys,
intervener: O¨ sterreichischer
Kleinpferde und Spezialrassen;
Shetlandponyzuchtverband, on the following questions:

1. Does Article 2(2), first indent, of Commission Decision
92/353/EEC (1) of 11 June 1992 laying down the criteria
for the approval or recognition of organisations and
associations which maintain or establish stud-books for
registered equidae (OJ 1992 L 192, p. 63) confer on
existing breeding organisations (breeding associations) a
right to have the competent authority refuse recognition
of another breeding organisation (another breeding
association) if recognition of that other breeding organis-
ation (breeding association) would endanger the preser-
vation of the breed or jeopardise the operation or the
improvement or selection programme of an existing
organisation or association?

2. Does Article 2(2),

first

indent, of

the Commission
Decision referred to in the first question preclude the
application of a provision of national law which confers
on an existing breeding organisation or breeding associ-
ation

(Case C-217/02)

(2002/C 191/33)

Reference has been made to the Court of Justice of the
European Communities by judgment of the Conseil d’E´ tat,
Section d’Administration (Belgium) (Council of State, Adminis-
trative Section) of 28 May 2002, received at the Court Registry
on 13 June 2002, for a preliminary ruling in the case of Michel
Tillieut, Association des habitants de Louvain-La-Neuve, Willy
Gregoire and Association L’E´ pine Blanche against Région
intervener: Propreté, Assainissement, Gestion de
wallonne;
l’Environnement SA (‘PAGE’) on the following questions:

1. Does the obligation imposed on Member States by
Article 7 of Directive 75/442/EEC of 15 July 1975
on waste (1), as amended by Directive 91/156/EEC of
18 March 1991 (2), to draw up one or more waste
management plans relating in particular to ‘suitable
disposal sites or installations’ mean that the States to
which the Directive is addressed are required to mark on
a geographical map the precise locations of the planned

10.8.2002

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Official Journal of the European Communities

C 191/21

waste disposal sites or to determine location criteria
which are sufficiently precise to enable the competent
authority responsible for issuing a permit under Article 9
of the Directive to ascertain whether the site or installation
is covered by the management prescribed by the plan?

regulations and administrative provisions necessary to
comply fully with Directive 98/84/EC (1) of the European
Parliament and of the Council of 20 November 1998 on
the legal protection of services based on, or consisting of,
conditional access, the Hellenic Republic has failed to
fulfil its obligations under the EC Treaty;

2. Does Article 7 of Directive 75/442, as amended by
Directive 91/156, whether or not read in conjunction
with Article 9 of Directive 75/442 or with any other
provision of the same directive, preclude a Member State
which has not adopted within the period prescribed one
or more waste management plans relating to ‘suitable
disposal sites or installations’ from issuing individual
permits to operate waste disposal installations such as
landfills?

3. Does Article 7(1) of Directive 75/442, as amended by
Directive 91/156, mean that the plan or plans relating in
particular to ‘suitable disposal sites or installations’ must
be drawn up not later than 1 April 1993, or does it mean
that they must be drawn up within a reasonable period,
which may exceed the period prescribed for transposing
the Directive into national law?

(1) OJ L 194 of 25.7.1975, p. 39.
(2) OJ L 78 of 28.3.1991, p. 32.

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

In accordance with the third paragraph of Article 249 EC,
directives are binding, as to the result to be achieved, upon
each Member State to which they are addressed.

Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty
or resulting from action taken by the institutions of the
Community.

It is not disputed by the Hellenic Republic that it must adopt
measures to comply with the abovementioned directive.

The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-
ation of the directive at issue into Greek law or, of course,
notified such measures to the Commission.

Action brought on 12 June 2002 by the Commission of
the European Communities against the Hellenic Republic

(1) OJ L 320, 28.11.1998, p. 54.

(Case C-219/02)

(2002/C 191/34)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 12 June
2002 by the Commission of the European Communities,
represented by Maria Patakia and Niels Bertil Rasmussen, of its
Legal Service.

Reference for a preliminary ruling by the Juzgado de lo
Social No 3 of Orense by order of that Court of 30 March
2002 in the case of Rosa Garcı´a Blanco against Instituto
Nacional de la Seguridad Social and Tesoreria General de
la Seguridad Social

(Case C-225/02)

(2002/C 191/35)

The Commission claims that the Court should:

— declare that, by failing to adopt and to notify to the
Commission, within the time-limit laid down, the laws,

Reference has been made to the Court of Justice of the
European Communities by order of the Juzgado de lo Social
(Social Court) No 3 of Orense of 30 March 2002, received at