Judgment of the Court (Fourth Chamber) of 3 October 2002 in Case C-47/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Articles 4(1) and 11 of Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT))
Date: 2002-11-23
Institutions: Court of Justice
Subjects: Spain, action for failure to fulfil an obligation, chemical product, waste disposal, waste management

23.11.2002

EN

Official Journal of the European Communities

C 289/3

court between Ángel Barreira Pérez and Instituto Nacional
de la Seguridad Social
(INSS), Tesorería General de la
Seguridad Social (TGSS), on the interpretation of Article 1(r)
and (s) and Article 46(2) of Council Regulation (EEC)
No 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons,
to self-employed
persons and to members of their families moving within the
Community, as amended and updated by Council Regulation
(EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1),
the Court (First Chamber), composed of: P. Jann, President
of the Chamber, M. Wathelet (Rapporteur) and A. Rosas,
Judges; P. Léger, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
3 October 2002, in which it has ruled:

1.

2.

The proper construction of Article 1(r) of Council Regulation
(EEC) No 1408/71 of 14 June 1971 on the application of
social security schemes to employed persons, to self-employed
persons and to members of their families moving within the
Community, as amended and updated by Council Regulation
(EC) No 118/97 of 2 December 1996, is that additional
periods such as those provided for by Spanish legislation,
attributed when pension rights are awarded in order to take
account of rights which were in the course of being acquired
under previous old-age insurance schemes which have now
been discontinued, are to be regarded as periods of insurance
within the meaning of that regulation.

The proper construction of Article 46(2)(b) of Regulation
No 1408/71, as amended and updated by Regulation
No 118/97, is that additional periods such as those provided
for by Spanish legislation, attributed when pension rights are
awarded in order to take account of rights which were in the
course of being acquired under previous old-age insurance
schemes which have now been discontinued, are to be taken
into account in the calculation of the actual amount of the
pension.

( 1) OJ C 355 of 9.12.2000.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 3 October 2002

in Case C-47/01: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure by a Member State to fulfil
its obligations —
Articles 4(1) and 11 of Directive 96/59/EC on the disposal
of polychlorinated biphenyls and polychlorinated terphenyls
(PCB/PCT))

(2002/C 289/05)

(Language of the case: Spanish)

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

In Case C-47/01, Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent: S. Ortiz
Vaamonde): Application for a declaration that, by failing to
draw up, or in any event to communicate to the Commission,
the plan, outline and summary of the inventory provided for
in Articles 4(1) and 11 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), the Kingdom of Spain has failed to fulfil its
obligations under those provisions of the directive, the Court
(Fourth Chamber), composed of: S. von Bahr, President of the
Chamber, D.A.O. Edward and A. La Pergola (Rapporteur),
Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has
given a judgment on 3 October 2002, in which it:

1. Declares that, by failing to draw up, within the prescribed
period, 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
the collection and
contained therein, and an outline for
subsequent disposal of equipment which is not subject
to
inventory in accordance with Articles 4(1) and 11 of Council
Directive 96/59/EC of 16 September 1996 on the disposal of
polychlorinated biphenyls and polychlorinated terphenyls (PCB/
PCT), the Kingdom of Spain has failed to fulfil its obligations
under those provisions of that directive;

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

(1) OJ C 118 of 21.4.2001.