Judgment of the Court (Fourth Chamber) of 5 June 2003 in Case C-83/02: Commission of the European Communities v Hellenic Republic (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 polychlorinated terphenyls (PCB/PCT))
Date: 2003-08-02
Institutions: Court of Justice
Subjects: European Commission, action for failure to fulfil an obligation, decontamination, toxic substance, waste disposal

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