Judgment of the Court (Sixth Chamber) of 28 October 2004 in Case C-16/04: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Directive 89/654/EEC — Protection of workers — Safety and health of workers in the workplace — Emergency doors, windows and skylights — Failure to transpose)
Date: 2005-01-22
Institutions: Court of Justice
Subjects: European Commission, Germany, accident prevention, action for failure to fulfil an obligation, occupational health, occupational safety, workplace

C 19/6

EN

Official Journal of the European Union

22.1.2005

Council Directive 90/642/EEC of 27 November 1990 on the fixing
of maximum levels for pesticide residues in and on certain products of
plant origin, including fruit and vegetables, as amended by Commis-
sion Directive 2000/42/EC of 22 June 2000, is not applicable to
vine leaves.

(1) OJ C 275 of 15.11.2003.

former factory, also situated near Manfredonia, and the holder of
the waste in the Pariti I dump and Conte di Troia urban waste
dump has it handled by a private or public waste collector or by
an undertaking which carries out the operations listed in Annex II
A or II B to Council Directive 75/442/EEC of 15 July 1975 on
waste, as amended by Council Directive 91/156/EEC of 18
March 1991, or recover or dispose of it themselves, the Italian
Republic has failed to fulfil its obligations under Article 4 and
Article 8 of that directive.

JUDGMENT OF THE COURT

2. Orders the Italian Republic to pay the costs.

(1) OJ C 7 of 10.1.2004.

(Fifth Chamber)

of 25 November 2004

in Case C-447/03 Commission of the European Commu-
nities v Italian Republic (1)

JUDGMENT OF THE COURT

(Failure by a Member State to fulfil its obligations — Envir-
onment — Waste management — Factory site and waste in
province of Foggia — Directive 75/442/EEC amended by
Directive 91/156/EEC — Articles 4 and 8)

(Sixth Chamber)

of 28 October 2004

(2005/C 19/10)

in Case C-16/04: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Language of the case: Italian)

(Failure of a Member State to fulfil its obligations — Direc-
tive 89/654/EEC — Protection of workers — Safety and
health of workers in the workplace — Emergency doors,
windows and skylights — Failure to transpose)

In Case C-447/03 Commission of the European Communities
(Agents: R. Amorosi and M. Konstantinidis) v Italian Republic
(Agent: I.M. Braguglia and M. Fiorilli) – action under Article
226 EC for failure to fulfil obligations, brought on 22 October
2003 – the Court (Fifth Chamber), composed of: C. Gulmann,
acting as President of the Fifth Chamber, G. Arestis and J.
Klučka (Rapporteur), Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, gave a judgment on 25 November 2004, in
which it:

(2005/C 19/11)

(Language of the case: German)

1. Declares that, by failing to take the necessary measures to ensure
that waste, stored or deposited in dumps on the site of the former
Enichem Manfredonia factory (province of Foggia, Italy) and at
the Pariti I urban waste dump near Manfredonia, is recovered or
disposed of without endangering human health and without using
processes or methods which could harm the environment, and by
failing to take the necessary measures to ensure that the holder of
the waste stored or deposited in dumps on the site of Enichem's

In Case C-16/04, action under Article 226 EC for failure to
fulfil obligations, brought on 20 January 2004, Commission of
the European Communities (Agents: H. Kreppel and D. Martin)
against Federal Republic of Germany (Agents: C.-D. Quassowski
and M. Lumma) – the Court (Sixth Chamber), composed of
A. Borg Barthet (Rapporteur), President of the Chamber, J.-P.
Puissochet and J. Malenovský, Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, has given a judgment on
28 October 2004 in which it:

22.1.2005

EN

Official Journal of the European Union

C 19/7

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 71, 20.3.2004.

(1) Declares that, by failing to adopt

the laws, regulations and
administrative provisions necessary fully to comply with Council
Directive 89/654/EEC of 30 November 1989 concerning the
minimum safety and health requirements for the workplace (first
individual directive within the meaning of Article 16(1) of Direc-
tive 89/391/EEC), the Federal Republic of Germany has failed to
fulfil its obligations under that directive;

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

(1) OJ C 59 of 6.3.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 18 November 2004

in Case C-85/04: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2001/17/EC — Reorganisation and winding-up of insur-
to transpose within the
ance undertakings — Failure

prescribed period)

(2005/C 19/13)

(Language of the case: French)

In Case C-85/04: action under Article 226 EC for failure to
fulfil obligations, brought on 23 February 2004, Commission
of
the European Communities (Agents: E. Traversa and P.
Léouffre) against French Republic (Agents: G. de Bergues and
O. Christmann) – the Court (Fourth Chamber), composed of:
the Fourth
J.N. Cunha Rodrigues, acting as President of
Chamber, M.
Judges;
L.A. Geelhoed, Advocate General; R. Grass, Registrar, has given
a judgment on 18 November 2004, in which it:

and E. Levits,

(Rapporteur)

Ilešič

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2001/17/EC of the European Parliament and of the Council of
19 March 2001 on the reorganisation and winding-up of insur-
ance undertakings, the French Republic has failed to fulfil its obli-
gations under that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 84 of 3.4.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 2 December 2004

in Case C-48/04: Commission of the European Commu-
nities v Portuguese Republic (1)

(Failure to fulfil obligations — Directive 2000/76/EC —
Incineration of waste — Failure to transpose)

(2005/C 19/12)

(Language of the case: Portuguese)

In Case C-48/04: Commission of the European Communities
(Agents: A. Caeiros and M. Konstantinidis) v Portuguese
Republic (Agents: L. Fernandes and F. Andrade) – ACTION
under Article 226 EC for failure to fulfil obligations, brought
on 6 February 2004 – the Court (Fourth Chamber), composed
of: K. Lenaerts, President of Chamber, N. Colneric and E. Levits
(Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, gave a judgment on 2 December 2004, in which it:

1. Declares that, by failing to adopt
the laws,
regulations and
administrative measures necessary
to comply with Directive
2000/76/EC of the European Parliament and of the Council of 4
December 2000 on the incineration of waste,
the Portuguese
Republic has failed to fulfil its obligations under that directive, in
particular those under Article 21(1) thereof;