Judgment of the Court (Fifth Chamber) of 30 March2004 in Case C-201/03: Commissionof the European Communities v Kingdom of Sweden (‘Failureof a Member State to fulfil obligations — Disposal of waste oils — Failureto transpose Directive 75/439/EEC’)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, used oil, waste recycling

30.4.2004

EN

Official Journal of the European Union

C 106/15

Article 8(1)(c) of Council Directive 92/81/EEC of 19 October
1992 on the harmonisation of the structures of excise duties
on mineral oils should be interpreted to mean that the term
‘navigation within Community waters (including fishing), other
than in private pleasure craft’ includes all forms of navigation,
irrespective of the purpose of the voyage, when that voyage is
made for commercial purposes.

(1) OJ C 19 of 25.1.2003.

2) orders the Federal Republic of Germany to pay the costs.

(1) OJ C 101 of 26.4.2003.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 30 March 2004

JUDGMENT OF THE COURT

in Case C-201/03: Commission of the European Commu-
nities v Kingdom of Sweden (1)

(Third Chamber)

of 1 April 2004

in Case C-64/03: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(‘Failure of a Member State to fulfil obligations — Failure to
implement Directive 98/30/EC’)

(2004/C 106/24)

(Language of the case: German)

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

In Case C-64/03: Commission of the European Commu-
nities (Agents: J. Grunwald and H. Støvlbaek), with an address
for service in Luxembourg, v Federal Republic of Germany
(Agents: W.-D. Plessing and M. Lumma) – application for a
declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
98/30/EC of the European Parliament and of the Council of 22
June 1998 concerning common rules for the internal market in
natural gas (OJ 1998 L 204, p. 1), the Federal Republic of
Germany has failed to fulfil its obligations under that Directive
– the Court (Third Chamber), composed of: A. Rosas, President
of the Chamber, R. Schintgen (Rapporteur), and N. Colneric,
Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, has
given judgment on 1 April 2004, in which it:

1) declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive 98/30/EC
of the European Parliament and of the Council of 22 June 1998
concerning common rules for the internal market in natural gas,
the Federal Republic of Germany has failed to fulfil its obligations
under that Directive;

(‘Failure of a Member State to fulfil obligations — Disposal
of waste oils — Failure to transpose Directive 75/439/EEC’)

(2004/C 106/25)

(Language of the case: Swedish)

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

In Case C-201/03: Commission of the European Commu-
nities (Agents: L. Ström and M. Konstantinidis), with an
address for service in Luxembourg, v Kingdom of Sweden
(Agent: A. Kruse) – application for a declaration that, by failing
to adopt the necessary measures under Article 3(1) of Council
Directive 75/439/EEC of 16 June 1975 on the disposal of
waste oils (OJ 1975 L 194, p. 23), as amended by Council
Directive 87/101/EEC of 22 December 1986 (OJ 1987 L 42, p.
43), to ensure that priority is given to the processing of waste
oils by regeneration where technical, economic and organisa-
tional constraints so allow, the Kingdom of Sweden has failed
to fulfil its obligations under that directive – the Court (Fifth
Chamber),
the
Chamber, S. von Bahr and R. Silva de Lapuerta (Rapporteur),
Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, has
given a judgment on 30 March 2004, in which it:

composed of: C. Gulmann, President of

1. Declares that, by failing to take the necessary measures under
Article 3(1) of Council Directive 75/439/EEC of 16 June 1975
on the disposal of waste oils, as amended by Council Directive
87/101/EEC of 22 December 1986, to ensure that priority is
given to the processing of waste oils by regeneration where tech-
the
nical,
Kingdom of Sweden has failed to fulfil its obligations under that
directive;

economic and organisational

constraints

so allow,

2. Orders the Kingdom of Sweden to pay the costs

(1) OJ C 158 of 5.7.2003