Judgment of the Court (Second Chamber) of 10 June 2004 in Case C-454/01: Commission of the European Communities v Federal Republic of Germany (Directive 96/59/EC — Waste management — Disposal of polychlorinated biphenyls and polychlorinated terphenyls)
Date: 2004-07-24
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, chemical product, waste disposal, waste management

24.7.2004

EN

Official Journal of the European Union

C 190/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

2. Orders the Federal Republic of Germany to pay the costs.

(Second Chamber)

of 10 June 2004

(1) OJ C 17 of 19.1.2002.

in Case C-454/01: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Directive 96/59/EC — Waste management — Disposal of
polychlorinated biphenyls and polychlorinated terphenyls)

(2004/C 190/01)

(Language of the case: German)

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

In Case C-454/01: Commission of the European Communities
(Agents: G. zur Hausen ) v Federal Republic of Germany
(Agents: W.-D. Plessing and R. Stüwe ) - application for a
declaration that, by failing to draw up or to communicate to
the Commission, within the prescribed period,
the plan
provided for in the first indent of Article 11(1) of Council
Directive 96/59/EC of 16 September 1996 on the disposal of
polychlorinated biphenyls and polychlorinated terphenyls (PCB/
PCT) (OJ 1996 L 243, p. 31), the Federal Republic of Germany
has failed to fulfil
its obligations under the EC Treaty - the
Court (Second Chamber), composed of: C.W.A. Timmermans
(Rapporteur),
the Chamber, C. Gulmann,
R. Schintgen, F. Macken and N. Colneric, Judges; C. Stix-Hackl,
Advocate General; M.-F. Contet, Principal Administrator, for
the Registrar, has given a judgment on 10 June 2004, in which
it:

President of

1. Declares that, by failing to draw up, within the prescribed period,
the plan provided for in the first
indent of Article 11(1) of
Council Directive 96/59/EC of 16 September 1996 on the
disposal of polychlorinated biphenyls and polychlorinated terphe-
nyls (PCB/PCT), the Federal Republic of Germany has failed to
fulfil its obligations under that directive;

JUDGMENT OF THE COURT

(First Chamber)

of 10 June 2004

in Case C-87/02: Commission of the European Commu-
nities v Italian Republic (1)

(Failure by a Member State to fulfil obligations — Environ-
ment — Directive 85/337/EEC — Assessment of the effects
of certain public and private projects — Project ‘Lotto zero’)

(2004/C 190/02)

(Language of the case: Italian)

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

In Case C-87/02: Commission of the European Communities
(Agents: M. van Beek and R. Amorosi) v Italian Republic
(Agents: M. Massella Ducci Teri ) - application for a declaration
that, since the Abruzzo Region failed to ascertain whether the
project to construct an outer ring road at Teramo (a project
known as ‘Lotto zero-Variante, tra Teramo (Italy) e Giulianova,
alla strada statale SS 80’), of a type listed in Annex II to
Council Directive 85/337/EEC of 27 June 1985 on the assess-
ment of the effects of certain public and private projects on the
environment (OJ 1985 L 175, p. 40), required an environ-
mental impact assessment in accordance with Articles 5 to 10
of the Directive, the Italian Republic has failed to fulfil its obli-
gations under Article 4(2) of that directive - the Court (First
Chamber), composed of: P. Jann, President of the Chamber, A.
Rosas (Rapporteur), A. La Pergola, R. Silva de Lapuerta and K.
Lenaerts, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R.
Grass, Registrar, has given a judgment on 10 June 2004, in
which it: