Judgment of the Court (Fifth Chamber) of 19 June 2003 in Case C-161/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 1999/94/EC — Failure to communicate implementing measures)
Date: 2003-08-02
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, combustion gases, consumer information, energy consumption, marketing, motor car, motor fuel, motor vehicle pollution

C 184/16

EN

Official Journal of the European Union

2.8.2003

by failing to implement correctly:
— Article 1, Article 6(1)
Directive 92/43, and

to (4) and Article 12(1)(d) of

— Article 2, Article 4(1) and (4) and Article 6 of Directive

79/409,

the Portuguese Republic has failed to fulfil its obligations under
Article 23 of Directive 92/43 and Article 18 of Directive 79/
409, the Court, composed of: G.C. Rodríguez Iglesias, Presi-
J.-P. Puissochet, M. Wathelet, R. Schintgen and C.W.
dent,
(Presidents of Chambers), C. Gulmann
A. Timmermans
(Rapporteur), D.A.O.
Jann,
Pergola,
La
V. Skouris, F. Macken, N. Colneric, S. von Bahr,
J.N. Cunha
Rodrigues and A. Rosas,
Judges; S. Alber, Advocate General;
R. Grass, Registrar, has given a judgment on 24 June 2003, in
which it:

Edward, A.

P.

1. Declares that by failing to implement in national law:

Article 3(3), Article 10, Article 11 and Article 12(4) of
Council Directive 92/43/EEC of 21 May 1992 on the conser-
vation of natural habitats and of wild fauna and flora, and
— Article 7 and Article 8 of Council Directive 79/409/EEC
of 2 April 1979 on the conservation of wild birds, and

— by failing to implement correctly:

Article 1, Article 6(1) to (4) and Article 12(1)(d) of Directive
92/43, and
— Article 2, Article 4(1) and (4) and Article 6 of Directive

79/409,

— the Portuguese Republic has failed to fulfil its obligations

under the EC Treaty;

2. Dismisses the remainder of the application;

3. Orders the Portuguese Republic to pay the costs.

(1) OJ C 97 of 20.4.2002.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 5 June 2003

in Case C-83/02: Commission of the European Commu-
nities v Hellenic Republic (1)

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

(2003/C 184/30)

(Language of the case: Greek)

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

the plans, outlines and summaries

Republic (Agent: E. Skandalou): Application for a declaration
that, by failing to draw up or, in any event, to communicate to
the Commission within the prescribed period (by 16 September
1999)
required under
Articles 4(1) and 11 of Council Directive 96/59/EC of
16 September 1996 on the disposal of polychlorinated biphe-
nyls and polychlorinated terphenyls (PCB/PCT),
the Hellenic
Republic has failed to fulfil its obligations under that directive
and the EC Treaty, the Court (Fourth Chamber), composed of:
C.W.A. Timmermans, President of the Chamber, A. La Pergola
(Rapporteur) and S. von Bahr, Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, has given a judgment on 5 June
2003, in which it:

of

summaries of

inventoried equipment

1. Declares that, by failing to draw up, within the prescribed
period,
equipment with PCB
inventories of
volumes of more than 5 dm3, plans for the decontamination
and/or disposal
and the PCBs
contained therein, and outlines for the collection and subsequent
in
disposal of equipment which is not subject
accordance with Articles 4(1) and 11 of Council Directive 96/
59/EC of 16 September 1996 on the disposal of polychlori-
nated biphenyls and polychlorinated terphenyls (PCB/PCT), the
Hellenic Republic has failed to fulfil its obligations under that
directive.

to inventory,

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 118 of 18.05.2002.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 19 June 2003

in Case C-161/02: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Directive
1999/94/EC — Failure
implementing
to

communicate

measures)

(2003/C 184/31)

(Language of the case: French)

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

In Case C-83/02, Commission of the European Communities
(Agents: H. Støvlbæk and M. Konstantinidis) v Hellenic

In Case C-161/02, Commission of the European Communities
(Agents: G. Valero Jordana and J. Adda) v French Republic
(Agents: G. de Bergues and E. Puisais): Application for a

2.8.2003

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Official Journal of the European Union

C 184/17

the European Parliament and of

declaration that, by failing to communicate measures trans-
posing into national law the provisions of Directive 1999/94/
EC of
the Council of
13 December 1999 relating to the availability of consumer
information on fuel economy and CO2 emissions in respect of
the marketing of new passenger cars (OJ 2000 L 12, p. 16) or,
at any rate, by not informing the Commission fully thereof, the
French Republic has failed to fulfil
its obligations under that
directive, the Court (Fifth Chamber), composed of: M. Wathelet,
President of the Chamber, C.W.A. Timmermans, D.A.O. Edward,
A. La Pergola (Rapporteur) and S. von Bahr, Judges; F.G. Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment on
19 June 2003, in which it:

1. Declares that, by failing to communicate to the Commission of
the European Communities the national implementing measures
required by Directive 1999/94/EC of the European Parliament
and of
the Council of 13 December 1999 relating to the
availability of consumer information on fuel economy and CO2
emissions in respect of the marketing of new passenger cars, the
French Republic has failed to fulfil
its obligations under that
directive;

2. Orders the French Republic to pay the costs.

under that directive, the Court (Third Chamber), composed of:
the Chamber,
J.-P. Puissochet
(Rapporteur), President of
F. Macken and J.N. Cunha Rodrigues,
Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment
on 5 June 2003, in which it:

Judges; F.G.

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative provisions necessary to
comply with Directive 2000/14/EC of the European Parliament
and of the Council of 8 May 2000 on the approximation of
the laws of the Member States relating to the noise emission in
the environment by equipment
the Hellenic
Republic has failed to fulfil its obligations under Article 22(1)
of that directive;

for use outdoors,

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 289 of 23.11.2002.

(1) OJ C 169 of 13.7.2002.

Action brought on 9 May 2003 by Portuguese Republic
against Commission of the European Communities

(Case C-190/03)

(2003/C 184/33)

JUDGMENT OF THE COURT

(Third Chamber)

of 5 June 2003

An action against the Commission of the European Commu-
nities was brought before the Court of Justice of the European
Communities on 9 May 2003 by the Portuguese Republic,
represented by L. Fernandes, acting as Agent, and C. Botelho
Moniz and E. Maia Cadete, lawyers, with an address for service
in Luxembourg.

in Case C-352/02: Commission of the European Commu-
nities v Hellenic Republic (1)

The applicant claims that the Court should:

(Failure of a Member State to fulfil obligations — Failure to
transpose Directive 2000/14/EC — Noise emission in the
environment)

(2003/C 184/32)

(Language of the case: Greek)

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

— annul the decision of the Director-General of the Directo-
rate General for Agriculture of the European Commission,
reference No AGR 05697, of 19 February 2003, with
regard to ‘Clearance of
the EAGGF Guarantee Section
accounts pursuant to Article 5(2)(c) of Regulation (EEC)
No 729/70 (1)
and Article 7(4) of Regulation (EC)
No 1258/1999 (2) — Inquiry AP/2000/10 into premia for
beef, pursuant to Regulations (EEC) No 3508/92 (3) (EEC)
No 3887/92 (4) and (EEC) No 3886/92 (5) — Conciliation
Procedure No 02/PT/202’;

— order the defendant institution to pay the costs.

v Hellenic Republic

In Case C-352/02, Commission of the European Communities
(Agent: M. Konstantinidis)
(Agent:
N. Dafniou): Application for a declaration that, by failing to
adopt or by failing to notify to the Commission the laws,
regulations and administrative provisions necessary to comply
with Directive 2000/14/EC of the European Parliament and of
the Council of 8 May 2000 on the approximation of the laws
of the Member States relating to the noise emission in the
environment by equipment for use outdoors (OJ 2000 L 162,
its obligations
p. 1), the Hellenic Republic has failed to fulfil

Pleas in law and main arguments

— Lack of competence of the Commission inasmuch as it
infringed Article 4 of its Rules of Procedure: The Director-
General of the Directorate General for Agriculture does
not have powers
the
contested decision and he did not rely on any delegation
of powers enabling him so to do. Accordingly, he clearly
acted ultra vires.

to adopt a measure such as