Judgment of the Court (Fifth Chamber) of 5 December 2002 in Case C-174/01: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil obligations — Waste management — First indent of Article 11(1) of Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT))
Date: 2003-01-25
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, decontamination, waste disposal

C 19/6

EN

Official Journal of the European Communities

25.1.2003

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 12 December 2002

in Case C-5/01: Kingdom of Belgium v Commission of the
European Communities (1)

(ECSC Treaty — Aid granted by the Member States —
Annulment of Commission Decision 2001/198/ECSC of
15 November 2000 concerning State aid granted by Belgium
to Cockerill Sambre SA)

(2003/C 19/10)

(Language of the case: French)

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

In Case C-5/01, Kingdom of Belgium (Agent: A. Snoecx,
assisted by L. Levi, G. Vandersanden and J.-M. de Backer,
avocats) v Commission of the European Communities (Agent:
G. Rozet): Application for the annulment of Commission
Decision 2001/198/ECSC of 15 November 2000 concerning
State aid granted by Belgium to Cockerill Sambre SA (OJ 2001
(Fifth Chamber), composed of:
L 71, p. 23),
M. Wathelet, President of the Chamber, C.W.A. Timmermans,
D.A.O. Edward (Rapporteur), P. Jann and S. von Bahr, Judges;
C. Stix-Hackl, Advocate General; H.A. Rühl, Principal Adminis-
trator, for the Registrar, has given a judgment on 12 December
2002, in which it:

the Court

1. Dismisses the application;

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

(Fifth Chamber)

of 5 December 2002

in Case C-174/01: Commission of the European Communi-
ties v Grand Duchy of Luxembourg (1)

(Failure by a Member State to fulfil obligations — Waste
management — First indent of Article 11(1) of Directive
96/59/EC on the disposal of polychlorinated biphenyls and
polychlorinated terphenyls (PCB/PCT))

(2003/C 19/11)

(Language of the case: French)

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

In Case C-174/01, Commission of the European Communities
(Agents: H. Støvlbaek and J. Adda) v Grand Duchy of
Luxembourg (Agent: J. Falz): Application for a declaration that,
by failing to draw up plans for the decontamination and/or
disposal of inventoried equipment and the polychlorinated
biphenyls contained therein, in accordance with the require-
ments of Article 11 of Council Directive 96/59/EC of 16 Sep-
tember 1996 on the disposal of polychlorinated biphenyls and
polychlorinated terphenyls (PCB/PCT) (OJ 1996 L 243, p. 31),
its
the Grand Duchy of Luxembourg has failed to fulfil
obligations under that directive, the Court (Fifth Chamber),
composed of: D.A.O. Edward, acting for the President of the
Fifth Chamber, A. La Pergola (Rapporteur), P. Jann, S. von Bahr
Judges; D. Ruiz-Jarabo Colomer, Advocate
and A. Rosas,
General; R. Grass, Registrar, has given a judgment on 5 Decem-
ber 2002, in which it:

1. Declares that, by failing to draw up plans for the decontami-
nation and/or disposal of
inventoried equipment and the
polychlorinated biphenyls contained therein, in accordance with
the requirements of the first indent of Article 11(1) of Council
Directive 96/59/EC of 16 September 1996 on the disposal of
polychlorinated biphenyls and polychlorinated terphenyls (PCB/
PCT), the Grand Duchy of Luxembourg has failed to fulfil its
obligations under that directive;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

( 1) OJ C 61 of 24.02.2001.

(1) OJ C 173 of 16.6.2001.