Case C-340/03: Action brought on 1 August 2003 by the Commission of the European Communities against the Republic of Austria
Date: 2003-09-20
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, environmental protection, pollution from agricultural sources, sewage sludge, soil protection

20.9.2003

EN

Official Journal of the European Union

C 226/13

Action brought on 1 August 2003 by the Commission of
the European Communities against the Republic of Austria

Action brought on 1 August 2003 by the Commission of
the European Communities against the Hellenic Republic

(Case C-340/03)

(2003/C 226/23)

(Case C-341/03)

(2003/C 226/24)

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 1 August
2003 by the Commission of the European Communities, repre-
sented by J.-C. Schieferer and G. Valero Jordana, members of
the legal
the European
Communities, with an address for service in Luxembourg.

the Commission of

service of

The applicant claims that the Court should:

1.

find that, by failing fully and correctly to implement the
following provisions of Council Directive 86/278/EEC of
12 June 1986 on the protection of the environment, and
in particular of the soil, when sewage sludge is used in
agriculture (1), the Republic of Austria has failed to fulfil its
obligations under the Treaty:

a)

the definition contained in Article 2(a) of
the
Directive, in the Bundesland Steiermark (exceptions
for small sewage treatment plants),

b) Article 6(b) concerning the information to be regu-
larly provided to users under Annex II A, in Kärnten,

c) Article 9 in conjunction with Annexes II A, II B and
II C in Vorarlberg and in conjunction with Annex II C
in Kärnten and in Steiermark, and

d)

does

small

installations,
provide),

the requirement to keep a record in accordance with
Article 10 in Kärnten (paragraph 1(a) as regards the
for which the
exemption of
Directive
Steiermark
in
(paragraph 1(b) and (c) as regards the composition
and properties of the sludge and the type of treat-
ment) and Vorarlberg (paragraph 1(a), (b) and (c) as
regards quantities of sludge, the composition and
properties of the sludge and the type of treatment),

not

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

proceedings.

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 1 August
2003 by the Commission of the European Communities, repre-
sented by H. Michard, of its Legal Service.

The Commission claims that the Court should:

a)

declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with
Council Directive 98/49/EC of 29 June 1998 on safeguard-
ing the supplementary pension rights of employed and
self-employed persons moving within the Community (1),
and in any event by failing to inform the Commission
thereof, the Hellenic Republic has failed to fulfil its obliga-
tions under that directive;

b) order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

1. Under the third paragraph of Article 249 (3) EC, directives
are binding, on the Member States as to the result to be
achieved, but leave to the national authorities the choice of
form and methods.

2.

In this case, Article 10(1) of Council Directive 98/49/EC of
29 June 1998 provides that Member States are to bring
into force the laws, regulations and administrative provi-
sions necessary to comply with the directive not later than
36 months following the date of its entry into force. The
directive was brought into force on the day of its publica-
tion in the Official Journal of the European Communities
(25 July 1998) and should therefore have been transposed
into national law by 27 January 2001. Under Article 10(2)
of
the directive Member States were to inform the
Commission of the measures of transposition adopted by
25 January 2002.

Pleas in law and main arguments

(1) OJ L 209, 25.7.1998, p. 46.

The Austrian Republic was to implement Directive 86/278/EEC
by the date of its accession to the European Union on 1 January
1995.

Although that time-limit has passed, certain provisions of that
directive have not been fully and correctly implemented in the
Bundesländer of Kärnten, Steiermark and Vorarlberg.

Action brought on 4 August 2003 by the Kingdom of
Spain against the Council of the European Union

(Case C-342/03)

(2003/C 226/25)

(1) OJ 1986 L 181, p. 6.

An action against the Council of the European Union was
the European
brought before the Court of

Justice of