Judgment of the Court (Third Chamber) of 16 December 2004 in Case C-62/03: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Waste — Directives 75/442/EEC and 91/156/EEC — Transposition)
Date: 2005-02-19
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, United Kingdom, action for failure to fulfil an obligation, environmental protection, national implementing measure, waste disposal, waste management, waste recycling

19.2.2005

EN

Official Journal of the European Union

C 45/5

JUDGMENT OF THE COURT OF JUSTICE

(Fourth Chamber)

of 16 December 2004

in Case C-24/03: Italian Republic v Commission of the
European Communities (1)

(EAGGF — Partial annulment of Commission Decision
2002/881/EC — Financial corrections — Fruit and vegetable
and public grain storage sector)

(2005/C 45/08)

(Language of the case: Italian)

In Case C-24/03: Italian Republic (Agent: M. Fiorilli) against
Commission of the European Communities (Agents: C.
Cattabriga and L. Visaggio) – action for annulment under
Article 230 EC, brought on 15 January 2003 – the Court of
Justice (Fourth Chamber), composed of K. Lenaerts, President of
the Chamber, J.N. Cunha Rodrigues and K. Schiemann (Rappor-
teur), Judges; L.A. Geelhoed, Advocate General, R. Grass, Regis-
trar, has given a judgment on 16 December 2004, in which it:

1. Dismisses the action.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 70 of 22.03.2004.

The Queen, on the application of: Approved Prescription
Services Ltd, and Licensing Authority, acting by the Medi-
cines and Healthcare products Regulatory Agency,
interested
party: Eli Lilly & Co. Ltd, – the Court (Second Chamber),
composed of: C.W.A. Timmermans, President of the Chamber,
C. Gulmann (Rapporteur), J.-P. Puissochet, N. Colneric and J.N.
Cunha Rodrigues,
Judges; F.G. Jacobs, Advocate General; M.
Múgica Arzamendi, Principal Administrator, for the Registrar,
has given a judgment on 9 December 2004, in which it has
ruled:

An application for marketing authorisation for a Product C may be
made under Article 10(1)(a)(iii) of Directive 2001/83/EC of the
European Parliament and of the Council of 6 November 2001 on the
Community code relating to medicinal products for human use where
the application seeks to demonstrate that Product C is essentially
similar to a Product B, in circumstances where:

— Product B is a new pharmaceutical form of Product A, and

— Product A, but not Product B, has been authorised for marketing
in the Community for at least the six or ten year period stipulated
therein.

(1) OJ C 83 of 5.4.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 16 December 2004

JUDGMENT OF THE COURT

(Second Chamber)

of 9 December 2004

in Case C-36/03 (reference for a preliminary ruling from
the High Court of Justice of England and Wales, Queen's
Bench Division (Administrative Court)): The Queen, on
the application of: Approved Prescription Services Ltd, v
Licensing Authority (1)

(Medicinal products — Marketing authorisation — Proce-
dures for essentially similar products)

(2005/C 45/09)

(Language of the case: English)

In Case C-36/03: reference for a preliminary ruling under
Article 234 EC from the High Court of Justice of England and
Wales, Queen's Bench Division (Administrative Court) (United
Kingdom), made by order of 23 December 2002, received at
in the proceedings between
the Court on 3 February 2003,

in Case C-62/03: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

(Waste — Directives 75/442/EEC and 91/156/EEC — Trans-
position)

(2005/C 45/10)

(Language of the case: English)

the European Communities

In Case C-62/03, action under Article 226 EC for failure to
fulfil obligations, brought on 14 February 2003, between the
(Agents:
Commission of
X. Lewis and M. Konstantinidis) and United Kingdom of
Great Britain and Northern Ireland (Agents: K. Manji and by
D. Wyatt QC) – the Court (Third Chamber), composed of: A.
Rosas, President of the Chamber, A. Borg Barthet, J. P. Puisso-
chet (Rapporteur), J. Malenovský and U. Lõhmus, Judges; C.
Stix-Hackl, Advocate General; L. Hewlett, Principal Adminis-
trator, for the Registrar, has given a judgment on 16 December
2004, in which it:

C 45/6

EN

Official Journal of the European Union

19.2.2005

1. Declares that, by failing to take the measures necessary to comply
with the obligations under Articles 1(a), (e) and (f), 2(1)(b), 3, 4,
5, 7(1), 8, 12, 13 and 14 of Council Directive 75/442/EEC of
15 July 1975 on waste, as amended by Council Directive
91/156/EEC of 18 March 1991 and, most recently, by Commis-
sion Decision 96/350/EC of 24 May 1996,
the United
Kingdom of Great Britain and Northern Ireland has failed to fulfil
its obligations under that directive;

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 101 of 26.4.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 9 December 2004

in Case C-79/03: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Directive
79/409/EEC — Conservation of wild birds — Hunting)

(2005/C 45/11)

(Language of the case: Spanish)

the European Communities

In Case C-79/03: Action under Article 226 EC for failure to
fulfil obligations, brought on 21 February 2003, between
Commission of
(Agent:
G. Valero Jordana) and Kingdom of Spain (Agent: N. Díaz
Abad) – the Court (Second Chamber), composed of: C.W.A.
Timmermans, President of the Chamber, C. Gulmann (Rappor-
teur), J. Makarczyk, P. Kūris and J. Klučka, Judges; L.A. Geel-
hoed, Advocate General; R. Grass, Registrar, has given a judg-
ment on 9 December 2004, in which it:

1. Declares that, by allowing hunting using limed twigs in the Com-
munity of Valencia by means of the method known as ‘parany’,
the Kingdom of Spain has failed to fulfil its obligations under
Articles 8(1) and 9(1) of Council Directive 79/409/EEC of 2
April 1979 on the conservation of wild birds;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 101 of 26.4.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 9 December 2004

in Case C-123/03 P: Commission of the European Commu-
nities v Greencore Group plc (1)

(Application for annulment of a letter of the Commission —
Refusal to pay interest on a sum refunded — Concept of act
confirming an earlier act — Payment of the principal sum
without interest — No earlier decision to refuse)

(2005/C 45/12)

(Language of the case: English)

Justice,

the European Communities

In Case C-123/03 P: appeal under Article 56 of the Statute of
the Court of
lodged on 19 March 2003, by the
(Agents:
Commission of
K. Wiedner), the other party to the proceedings being: Green-
core Group plc, established in Dublin (Ireland), (Represented
by: A. Böhlke) – the Court (Second Chamber), composed of:
C.W.A. Timmermans, President of the Chamber, C. Gulmann
(Rapporteur),
J.-P. Puissochet, N. Colneric and J.N. Cunha
Rodrigues, Judges; F.G. Jacobs, Advocate General; L. Hewlett,
Principal Administrator, for the Registrar, has given a judgment
on 9 December 2004, in which it:

1. Sets aside the order of the Court of First Instance of the European
Communities of 7 January 2003 in Case T-135/02 Greencore
Group v Commission;

2. Rejects the plea of inadmissibility raised by the Commission of the

European Communities;

3. Reserves the costs.

(1) OJ C 112 of 10.5.2003.