Judgment of the Court (Sixth Chamber) of 10 April 2003 in Case C-142/00 P: Commission of the European Communities v Nederlandse Antillen (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)
Date: 2003-06-21
Institutions: Court of Justice
Subjects: European Commission, Netherlands Antilles, action for annulment (EU), import policy, protective clause, rice

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.