Case C-201/03: Action brought on 13 May 2003 by the Commission of the European Communities against the Kingdom of Sweden
Date: 2003-07-05
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, used oil, waste recycling

5.7.2003

EN

Official Journal of the European Union

C 158/15

Action brought on 13 May 2003 by the Commission
of the European Communities against the Kingdom of
Sweden

Action brought on 12 May 2003 by the Commission
of the European Communities against the Republic of
Austria

(Case C-201/03)

(2003/C 158/25)

(Case C-203/03)

(2003/C 158/26)

An action against the Kingdom of Sweden was brought before
the Court of Justice of the European Communities on 13 May
2003 by the Commission of the European Communities,
represented by L. Stöm och and M. Konstantinidis, acting as
Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

— declare that, by failing to adopt the necessary measures
to ensure that priority is given to the processing of waste
oils by regeneration where technical, economic and
the Kingdom of
organisational constraints so allow,
Sweden has
its obligations under
Article 3(1) of Council Directive 75/439/EEC (1) as
amended by Directive 87/101/EEC (2),

failed to fulfil

— order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

Member States are required not only to adopt binding national
measures in order to comply with the provisions of Article 3(1)
of the directive but also to adopt measures which make it
possible to apply the provisions in practice. The percentage
for the recycling of waste oils in Sweden in the period 1995-
2000 was 0 %. The Swedish Government has therefore not
taken the measures which render it possible de facto to
regenerate waste oils in accordance with the requirements set
out in Article 3(1) of the directive.

( 1) Of 16 June 1975 on the disposal of waste oils, OJ 1975 L 194,

p. 23.

( 2) Of 22 December 1986 amending Directive 75/439/EEC on the

disposal of waste oils, OJ 1987 L 42, p. 43.

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 12 May
2003 by the Commission of the European Communities,
represented by Nicola Yerrell, of its Legal Service, and Horstpe-
ter Kreppel, a Labour Court judge on secondment to the Legal
Service of the Commission in the course of an exchange of
national officials, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that, by maintaining in force,

(a)

(b)

in Paragraph 2 of the Regulation of the Federal
Minister for the Economy and Labour concerning
prohibitions and restrictions of employment of
female workers, a general prohibition, with few
exceptions, of employment of women in mining
underground and,

in Paragraphs 8 and 31 of
the Regulation on
compressed air and diving work, a general prohib-
ition of employment of women in compressed air
work and in diving work,

the Republic of Austria has infringed its obligations under
Articles 2 and 3 of Council Directive 76/207/EEC of
9 February 1976 (1) on the implementation of
the
principle of equal treatment for men and women as
regards access to employment, vocational training and
promotion, and working conditions, and also under
Articles 10 and 249 EC.

2. Order the Republic of Austria to pay the costs.

Pleas in law and main arguments

— The prohibition of employment of female workers in

mining underground:

Under Article 3(1) of Directive 76/207/EEC discrimi-
nation on grounds of sex in the conditions for access to
jobs is prohibited.

The general prohibition of employment of women in
mining underground provided for in Paragraph 16 of the
Austrian Working Hours Regulation of 30 April 1938
the
was amended only slightly by Paragraph 2 of
Regulation of the Federal Minister for the Economy and
Labour concerning prohibitions and restrictions of