Judgment of the Court (Fifth Chamber) of 16 December 2004 in Case C-172/04: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Failure to transpose — Directive 1999/31/EC — Waste management — Landfill of waste — Inert waste from building and public works)
Date: 2005-02-19
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, environmental protection, storage of waste, waste management

19.2.2005

EN

Official Journal of the European Union

C 45/11

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 9 December 2004

(Fifth Chamber)

of 16 December 2004

in Case C-88/04: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

in Case C-172/04: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2001/29/EC — Harmonisation of certain aspects of
copyright and related rights in the information society —
Failure to implement within the period prescribed)

(Failure by a Member State to fulfil its obligations — Failure
to transpose — Directive 1999/31/EC — Waste management
— Landfill of waste — Inert waste from building and public
works)

(2005/C 45/21)

(Language of the case: English)

(2005/C 45/22)

(Language of the case: French)

In Case C-88/04: action under Article 226 EC for failure to
fulfil obligations, brought on 23 February 2004, between
Commission of the European Communities (Agent: K. Banks)
and United Kingdom of Great Britain and Northern Ireland
(Agents: R. Caudwell and K. Manji) – the Court
(Sixth
composed of A. Borg Barthet, President of
Chamber),
Chamber,
J.-P. Puissochet and J. Malenovský (Rapporteur),
Judges; A. Tizzano, Advocate General; R. Grass, Registrar, has
given a judgment on 9 December 2004 in which it:

1. Declares that by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2001/29/EC of the European Parliament and of the Council of
22 May 2001 on the harmonisation of certain aspects of copy-
right and related rights in the information society the United
Kingdom of Great Britain and Northern Ireland has failed to fulfil
its obligations under that directive;

In Case C-172/04: Commission of the European Communities
(Agents: C.-F Durand and M. Konstantinidis) v French Republic
(Agents: G. de Bergues and C. Mercier) – action under Article
226 EC for failure to fulfil obligations, brought on 7 April
2004 – the Court (Fifth Chamber), composed of R. Silva de
Lapuerta, President of the Chamber, C. Gulmann and J. Kluÿka
(Rapporteur),
Judges; D. Ruiz-Jarabo Colomer, Advocate
General; R. Grass, Registrar, gave a judgment on 16 December
2004, in which it:

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council Direc-
tive 1999/31/EC of 26 April 1999 on the landfill of waste, the
French Republic has failed to fulfil its obligations under that direc-
tive.

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

2. Orders the French Republic to pay the costs.

(1) OJ C 106 of 30.4.2004.

(1) OJ C 106 of 30.04.2004.