Judgment of the Court of Justice (Fifth Chamber) of 10 March 2005 in Case C-449/03: Commission of the European Communities against French Republic (Failure of a member State to fulfil obligations — Management of waste — Waste tip at Saint-Laurent du Maroni — Directives 75/442/EE and 91/156/EEC)
Date: 2005-05-14
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, waste disposal, waste management, waste recycling

14.5.2005

EN

Official Journal of the European Union

C 115/5

Article 3(2) of Directive 97/7/EC of the European Parliament and of
the Council of 20 May 1997 on the protection of consumers in
respect of distance contracts is to be interpreted as meaning that
‘contracts for the provision of transport services’ includes contracts for
the provision of car hire services.

(1) OJ C 226 of 20.09.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 10 March 2005

in Case C-342/03: Kingdom of Spain v Council of the Euro-
pean Union (1)

(Common commercial policy — Canned tuna originating in
Thailand and the Philippines — Mediation within the WTO
— Regulation (EC) No 975/2003 — Tariff quota)

(2005/C 115/09)

(Language of the case: Spanish)

In Case C-342/03, application for annulment under Article 230
EC, brought on 4 August 2003, Kingdom of Spain (Agent: N.
Díaz Abad) v Council of the European Union (Agents: M.
Bishop and D. Canga Fano) supported by Commission of the
European Communities (Agents: X. Lewis and R. Vidal Puig) —
the Court (First Chamber), composed of P. Jann, President of
the Chamber, N. Colneric,
Ilešič
Jacobs, Advocate
(Rapporteur) and E. Levits,
General; R. Grass, Registrar, gave a judgment on 10 March
2005, in which it:

J.N. Cunha Rodrigues, M.

Judges; F.G.

1. Dismisses the action;

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

those
incurred by the Commission of the European Communities, which
must bear its own costs.

JUDGMENT OF THE COURT OF JUSTICE

(Fifth Chamber)

of 10 March 2005

in Case C-449/03: Commission of the European Commu-
nities against French Republic (1)

(Failure of a member State to fulfil obligations — Manage-
ment of waste — Waste tip at Saint-Laurent du Maroni —
Directives 75/442/EE and 91/156/EEC)

(2005/C 115/10)

(Language of the case French)

In case C-449/03, action for failure to fulfil obligations brought
on 24 October 2003 under Article 226 EC, Commission of the
European Communities (Agents: M. Konstantinidis and B.
Stromsky) against French Republic (agents: G. de Bergues and
D. Petrausch), the Court (Fifth Chamber), composed of R. Silva
de Lapuerta (Rapporteur), President of
the Chamber, C.
Gulmann and J. Klucka, Judges, Advocate General: L. A. Geel-
hoed, Registrar: R. Grass, has given a judgment on 10 March
2005 in which it:

1. Declares that,

— by failing to issue a permit for the operation of the tip for
household and equivalent waste situated within the limits of
the municipality of Saint-Laurent du Maroni
in French
Guyana,

— by refraining from taking the necessary measures to ensure
that the waste on the abovementioned tip is treated or disposed
of without endangering human health and without using
processes or methods which might harm the environment, and

— by refraining from taking the necessary measures to ensure
that the operator of the abovementioned tip itself treats or
disposes of waste or has it handled by a private or public
waste collector,

the French Republic has failed to fulfil its obligations under Article
9, 4 and 8 of Council Directive 75/442/EEC of 15 July 1975
on waste, as amended by Council Directive 91/156/EEC of 18
March 1991;

2. Orders French Republic to pay the costs.

(1) OJ C 226 of 20.09.2003.

(1) OJ C 289, of 29.11.2003.