Judgment of the Court (Sixth Chamber) of 10 April 2003 in Case C-392/99: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Directive 75/439/EEC — Disposal of waste oils — Incomplete transposition)
Date: 2003-06-21
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for annulment (EU), fuel, used oil, waste recycling

C 146/2

EN

Official Journal of the European Union

21.6.2003

Chamber), composed of: R. Schintgen, President of the Second
Chamber, acting for the President of the Sixth Chamber,
C. Gulmann (Rapporteur), V. Skouris, F. Macken and
J.N. Cunha Rodrigues, Judges; L.A. Geelhoed, Advocate Gen-
eral; L. Hewlett, Principal Administrator, for the Registrar, has
given a judgment on 8 May 2003, in which it:

— by failing to adopt provisions by which the competent
authority, before granting a permit to undertakings which
regenerate waste oils or use them as fuel, may satisfy itself
that health is appropriately protected where waste oils
are used as fuel and that the best available technology not
entailing excessive cost is used where waste oils are
regenerated or used as fuel;

1. Annuls Article 2(1) of Commission Decision 2000/536/EC
of 2 June 1999 concerning State aid granted by Italy to Seleco
SpA in so far as it provides that the Italian Republic is to take
all the necessary measures to recover the aid referred to in
Article 1 from Seleco Multimedia Srl with regard to the part
not recoverable from Seleco SpA;

2. Dismisses the remainder of the application;

3. Orders,

in Case C-328/99,

the Italian Republic and the
Commission of the European Communities to bear their own
costs;

4. Orders, in Case C-399/00, the Commission of the European

Communities to pay the costs.

( 1) OJ C 352 of 4.12.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 10 April 2003

— by failing to lay down that residues from the combustion
of waste oils are to be disposed of in accordance with
Article 9 of Council Directive 78/319/EEC of 20 March
1978 on toxic and dangerous waste (OJ 1978 L 84,
p. 43), and, from 27 June 1995,
in accordance with
Article 9 of Council Directive 75/442/EEC of 15 July
1975 on waste (OJ 1975 L 194, p. 39), as amended by
Council Directive 91/156/EEC of 18 March 1991 (OJ
1991 L 78, p. 32), which, pursuant to Council Directive
91/689/EEC of 12 December 1991 on hazardous waste
(OJ 1991 L 377, p. 20), as amended by Council Directive
94/31/EC of 27 June 1994 (OJ 1994 L 168, p. 28),
replaced Article 9 of Directive 78/319;

— by not providing for periodical inspection of undertakings
which regenerate waste oils or use them as fuel, or
for examination of
technical
development and/or of the environment with a view to
revising, where necessary, permits granted to those
undertakings;

trends in the state of

in Case C-392/99: Commission of the European Communi-
ties v Portuguese Republic (1)

(Failure of a Member State to fulfil its obligations —
Directive 75/439/EEC — Disposal of waste oils — Incom-
plete transposition)

— by failing to convey to the Commission information
concerning technical expertise and the experience gained
and results obtained through the application of measures
taken pursuant
to Council Directive 75/439/EEC of
16 June 1975 on the disposal of waste oils (OJ 1975
L 194, p. 23), as amended by Council Directive 87/101/
EEC of 22 December 1986 (OJ 1987 L 42, p. 43),

(2003/C 146/03)

(Language of the case: Portuguese)

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

In Case C-392/99, Commission of the European Communities
(Agents: L. Ström and M.A. Caeiros) v Portuguese Republic
(Agents: L. Fernandes and M. Telles Romão): Application for a
declaration that:

the Portuguese Republic has failed to fulfil
its obligations
under Articles 6(2), 8(2)(a), 13 and 17 of Directive 75/439, as
amended by Directive 87/101, and the first paragraph of
Article 5 and the third paragraph of Article 189 of the EC
Treaty (now the first paragraph of Article 10 EC and the third
paragraph of Article 249 EC), the Court (Sixth Chamber),
composed of:
J.-P. Puissochet, President of the Chamber,
R. Schintgen, V. Skouris (Rapporteur), F. Macken and N. Col-
neric,
Judges; C. Stix-Hackl, Advocate General; R. Grass,
Registrar, has given a judgment on 10 April 2003, in which it:

21.6.2003

EN

Official Journal of the European Union

C 146/3

1. Declares that:

JUDGMENT OF THE COURT

— by failing to adopt, within the prescribed period, provisions
requiring the competent authority, before granting a
permit to undertakings which regenerate waste oils or use
them as fuel, to satisfy itself that health is appropriately
protected where waste oils are used as fuel and that the
best available technology not entailing excessive cost is
used where waste oils are regenerated or used as fuel;

— by failing to lay down, within the prescribed period, that
residues from the combustion of waste oils are to be
disposed of in accordance with the obligations flowing
from Article 9 of Council Directive 78/319/EEC of
20 March 1978 on toxic and dangerous waste and, from
27 June 1995, in accordance with the obligations arising
under Article 9 of Council Directive 75/442/EEC of
15 July 1975 on waste, as amended by Council Directive
91/156/EEC of 18 March 1991, which were already
owed by the Member States under Article 9 of Directive
78/319;

— by not providing, within the prescribed period,

for
periodical
inspection of undertakings which regenerate
waste oils or use them as fuel, or for examination of
trends in the state of technical development and/or of the
environment with a view to revising, where necessary,
permits granted to those undertakings;

— by failing to convey to the Commission information
concerning technical expertise and the experience gained
and results obtained through the application of measures
to Council Directive 75/439/EEC of
taken pursuant
16 June 1975 on the disposal of waste oils, as amended
by Council Directive 87/101/EEC of 22 December
1986,

the Portuguese Republic has failed to fulfil its obligations under
Articles 6(2), 8(2)(a), 13 and 17 of Directive 75/439, as
amended by Directive 87/101;

2. Dismisses the remainder of the application;

(Sixth Chamber)

of 10 April 2003

in Case C-142/00 P: Commission of the European Com-
munities v Nederlandse Antillen (1)

(Appeal — Arrangements for association of the overseas
countries and territories — Imports of rice originating in the
overseas countries and territories — Safeguard measures —
Regulations (EC) No 2352/97 and No 2494/97 — Action
for annulment — Inadmissibility of the action)

(2003/C 146/04)

(Language of the case: Dutch)

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

In Case C-142/00 P, Commission of the European Communi-
ties (Agent: T. van Rijn), supported by French Republic (Agents:
G. de Bergues and L. Bernheim) and by Council of the
European Union (Agents: J. Huber and G. Houttuin): Appeal
against the judgment of the Court of First Instance of the
European Communities (Third Chamber) of 10 February 2000
in Joined Cases T-32/98 and T-41/98 Nederlandse Antillen v
Commission [2000] ECR II-201, seeking to have that judgment
set aside the other parties to the proceedings being: Nederland-
se Antillen (represented by M. M. Slotboom and P. V. F. Bos)
and Kingdom of Spain (Agent: N. Díaz Abad), the Court (Sixth
Chamber), composed of:
J.-P. Puissochet, President of the
Chamber, R. Schintgen, C. Gulmann, V. Skouris and F. Macken
(Rapporteur), Judges; P. Léger, Advocate General; M.-F. Contet,
Principal Administrator, for the Registrar, has given a judgment
on 10 April 2003, in which it:

1.

Sets aside the judgment of the Court of First Instance of the
European Communities of 10 February 2000 in Joined Cases
T-32/98 and T-41/98 Nederlandse Antillen v Commission;

2. Dismisses as inadmissible the Nederlandse Antillen’s appli-

cations for annulment;

3. Orders the Portuguese Republic to pay the costs.

3. Orders the Nederlandse Antillen to pay the costs both at first

instance and on appeal;

( 1) OJ C 34 of 05.02.2000.

4. Orders the Kingdom of Spain, the French Republic and the
Council of the European Union to bear their own costs.

(1) OJ C 233 of 12.8.2000.