Judgment of the Court (Fifth Chamber) of 29 April 2004 in Case C-194/01: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil its obligations — Directive 75/442/EEC — Concept of waste — European Waste Catalogue — Directive 91/689/EEC — List of hazardous waste)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, dangerous substance, metal waste, waste management

30.4.2004

EN

Official Journal of the European Union

C 118/9

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 29 April 2004

(Fifth Chamber)

of 29 April 2004

in Joined Cases C–162/01 P and C–163/01 P: Edouard
Bouma and Bernard M.J.B. Beusmans v Council of the
the European
European Union and Commission of

Communities (1)

in Case C-194/01: Commission of the European Commu-
nities v Republic of Austria (1)

(Action for damages — Non-contractual liability — Milk —
Additional levy — Reference quantity — Producers having
entered into a non-marketing undertaking — SLOM 1983
producers — Non-resumption of production on expiry of the
undertaking)

(Failure of a Member State to fulfil its obligations — Direc-
tive 75/442/EEC — Concept of waste — European Waste
Catalogue — Directive 91/689/EEC — List of hazardous
waste)

(2004/C 118/15)

(Language of the cases: Dutch)

(2004/C 118/16)

(Language of the case: German)

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

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

In Joined Cases C–162/01 P and C–163/01 P: Edouard Bouma,
residing in Rutten (Netherlands), Bernard M.J.B. Beusmans,
residing in Noorbeek (Netherlands), (legal representative: E.H.
Pijnacker Hordijk) – two appeals lodged against the judgments
of the Court of First Instance of the European Communities
(Fourth Chamber) of 31 January 2001 in Case T–533/93
Bouma v Council and Commission [2001] ECR II–203 and
Case T–73/94 Beusmans v Council and Commission [2001]
ECR II–223 and seeking to have those judgments set aside; the
other parties to the proceedings being: Council of the European
Union (Agent: A.–M. Colaert) and Commission of the European
Communities (Agent: T. van Rijn) – the Court (Sixth Chamber),
the Sixth
composed of: V. Skouris, acting as President of
Chamber, J.N. Cunha Rodrigues, J.-P. Puissochet, R. Schintgen
and N. Colneric (Rapporteur), Judges; C. Stix-Hackl, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, delivered a judgment on 29 April 2004, the operative part
of which is as follows:

In Case C-194/01: Commission of the European Communities
(Agent: G. zur Hausen), with an address for service in Luxem-
bourg, v Republic of Austria (Agent: H. Dossi), with an address
for service in Luxembourg — application for a declaration that
the Republic of Austria has failed to fulfil its obligations under
Council Directive 75/442/EEC of 15 July 1975 on waste (OJ
1975 L 194, p. 39), as amended by Council Directive
91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32), and
under Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste (OJ 1991 L 377, p. 20), as amended by
Council Directive 94/31/EC of 27 June 1994 (OJ 1994 L 168,
p. 28) — the Court (Fifth Chamber), composed of: P. Jann,
the Fifth Chamber, A. Rosas
acting for
(Rapporteur) and S. von Bahr,
Judges; P. Léger, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, has given a judgment on 29 April 2004, in which it:

the President of

(1) The appeals are dismissed.

1) Dismisses the application;

(2) Mr Bouma and Mr Beusmans are ordered to pay the respective

2) Orders the Commission of the European Communities to pay the

costs.

costs.

(1) OJ C 227, 11.8.2001.

(1) OJ C 200, 14.7.2001.