Case C-450/03: Action brought on 27 October 2003 by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2003-11-29
Institutions: Court of Justice
Subjects: Luxembourg, action for failure to fulfil an obligation, biotechnology, invention, patent law, right to justice

C 289/18

EN

Official Journal of the European Union

29.11.2003

Action brought on 24 October 2003 by French Republic
against the Commission of the European Communities

Action brought on 27 October 2003 by the Commission
of the European Communities against the Grand Duchy
of Luxembourg

(Case C-449/03)

(2003/C 289/35)

(Case C-450/03)

(2003/C 289/36)

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 24 October 2003 by the French Republic,
represented by M. Konstantinidis and B. Stromsky, acting as
Agents, with an address for service in Luxembourg.

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 27 October 2003 by the Commission of the European
Communities, represented by K. Banks, acting as Agent, with
an address for service in Luxembourg.

The applicant claims that the Court should:

1.

2.

3.

declare that, by failing to issue a permit for the operation
of the waste tip situated within the limits of the munici-
pality of Saint-Laurent du Maroni, the French Republic
has failed to fulfil
its obligations under Article 9 of
Council Directive 75/442/EEC of 15 July 1975 on waste,
as amended by Directive 91/156/EEC (1);

declare that, by refraining from taking the necessary
measures to ensure that the waste on the abovementioned
tip is treated or disposed of without endangering human
health and without using processes or methods which
might harm the environment, the French Republic has
failed to fulfil its obligations under Article 4 of Council
Directive 75/442/EEC of 15 July 1975 on waste, as
amended by Directive 91/156/EEC;

declare that, by refraining from taking the necessary
measures to ensure that the operator of the abovemen-
tioned tip itself treat or dispose of waste or have it
handled by a private or public waste collector, the French
Republic has failed to fulfil its obligations under Article 8
of Council Directive 75/442/EEC of 15 July 1975 on
waste, as amended by Directive 91/156/EEC;

4.

order the French Republic to pay the costs.

Pleas in law and main arguments

The existence of a wild tipping site operated by the munici-
pality of Saint-Laurent du Maroni has resulted in a deterioration
of the environment during an extended period. The French
Republic has not taken steps to close down the illegal tip or to
rehabilitate it. It has not taken measures to ensure that waste
is deposited in an authorised tip.

(1) OJ 1991 L 78, p. 32.

The Commission of the European Communities claims that
the Court should:

1. Declare that, by not adopting the laws, regulations
and administrative provisions necessary to comply with
Directive 98/44/EC of the European Parliament and of
the Council of 6 July 1998 on the legal protection of
biotechnological inventions (1) or, in any event, by not
communicating those provisions to the Commission, the
Grand Duchy of Luxembourg has failed to fulfil
its
obligations under Article 15 of that directive;

2. Order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The time-limit fixed for the transposition of the directive
expired on 30 July 2000.

(1) OJ L 213 of 30.07.1998, p. 13.

Action brought on 28 October 2003 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-454/03)

(2003/C 289/37)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
the European
28 October 2003 by the Commission of
Communities, represented by K. Banks, acting as Agent, with
an address for service in Luxembourg.