Judgment of the Court (Grand Chamber) of 12 April 2005 in Case C-61/03: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — EAEC Treaty — Scope — Military installations — Health and safety — Decommissioning of a nuclear reactor — Disposal of radioactive waste)
Date: 2005-05-28
Institutions: Court of Justice
Subjects: Northern Ireland, United Kingdom, action for failure to fulfil an obligation, exchange of information, radioactive effluent

28.5.2005

EN

Official Journal of the European Union

C 132/3

JUDGMENT OF THE COURT

(Third Chamber)

of 14 April 2005

in Case C-468/02: Kingdom of Spain v Commission of the
European Communities (1)

(EAGGF — Exclusion of certain expenditure — Public
storage of olive oil — Arable crops sector)

(2005/C 132/04)

(Language of the case: Spanish)

In Case C-468/02 Kingdom of Spain (Agent: L. Fraguas
Gadea) v Commission of
the European Communities
(Agent: S. Pardo Quintillán) — action for annulment under
Article 230 EC, brought on 31 December 2002 — the Court
(Third Chamber), composed of A. Rosas (Rapporteur), President
of the Chamber, R. Schintgen and N. Colneric, Judges; P. Léger,
Advocate General; R. Grass, Registrar, gave a judgment on 14
April 2005, in which it:

1. Dismisses the action.

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

(1) OJ C 55, 08.03.2003.

(Rapporteur), M. Ilešič and E. Levits,
Judges; D. Ruiz-Jarabo
Colomer, Advocate General, K. Sztranc, Administrator, for the,
Registrar, gave a judgment on 14 April 2005, the operative
part of which is as follows:

1. It is not contrary to Article 5(1) and (2) of Council Directive
1999/31/EC of 26 April 1999 on the landfill of waste that a
measure of domestic law should:

— fix limits in respect of the acceptance of biodegradable waste
for landfill
lower than those fixed by the Directive, even if
those limits are so low that they call for treatment by mechan-
ical and biological processes or the incineration of such waste
before it is landfilled,

— fix earlier time-limits than those under the Directive in order

to reduce the amount of waste going to landfill,

— apply not only to biodegradable waste but also to non-biode-

gradable organic substances, and

— apply not only to municipal waste but also to waste that may

be disposed of as municipal waste.

2. The Community-law principle of proportionality is not applicable
so far as concerns more stringent protective measures of domestic
law adopted by virtue of Article 176 EC and going beyond the
minimum requirements laid down by a Community directive in the
sphere of the environment,
inasmuch as other provisions of the
Treaty are not involved.

(1) OJ C 101 of 26.04.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 14 April 2005

in Case C-6/03 (reference for a preliminary ruling from the
Deponiezweckverband
Verwaltungsgericht

Koblenz):

Eiterköpfe v Land Rheinland-Pfalz (1)

(Environment — Landfill of waste — Directive 1999/31 —
Domestic legislation laying down more stringent rules —
Compatibility)

(2005/C 132/05)

(Language of the case: German)

In Case C-6/03: reference for a preliminary ruling under Article
234 EC from the Verwaltungsgericht Koblenz (Germany), made
by decision of 4 December 2002, received at the Court on 8
in the proceedings pending before that court
January 2003,
between Deponiezweckverband Eiterköpfe and Land Rheinland-
Pfalz — the Court (First Chamber), composed of P. Jann, Presi-
J.N. Cunha Rodrigues
dent of

the Chamber, N. Colneric,

JUDGMENT OF THE COURT

(Grand Chamber)

of 12 April 2005

in Case C-61/03: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure by a Member State to fulfil its obligations — EAEC
Treaty — Scope — Military installations — Health and
safety — Decommissioning of a nuclear reactor — Disposal
of radioactive waste)

(2005/C 132/06)

(Language of the case: English)

In Case C-61/03: Commission of the European Communities
(Agents: L. Ström and X. Lewis) v United Kingdom of Great

C 132/4

EN

Official Journal of the European Union

28.5.2005

Britain and Northern Ireland (Agents: P. Ormond and C.
Jackson and D. Wyatt, R. Plender and S. Tromans), supported
by French Republic, (Agents: R. Abraham, G. de Bergues and
E. Puisais) — action for failure to fulfil obligations under
Article 141 EA, brought on 14 February 2003 — the Court
(Grand Chamber), composed of V. Skouris, President, P. Jann,
C.W.A. Timmermans, A. Rosas
(Rapporteur), R. Silva de
and A. Borg Barthet, Presidents of Chambers,
Lapuerta
J. N. Cunha Rodrigues, P. Kūris,
N. Colneric, S. von Bahr,
E.
Judges; L. A. Geelhoed,
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, gave a judgment on 12 April 2005, in which it:

Juhász, G. Arestis and M.

Ilešič,

1. Dismisses the application;

2. Orders the Commission of the European Communities to pay the

costs;

3. Orders the French Republic to bear its own costs.

(1) OJ C 101 of 26.04.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 17 March 2005

in Case C-91/03: Kingdom of Spain v Council of the Euro-
pean Union (1)

(Conservation and exploitation of

fisheries resources —

Regulation (EC) No 2371/2002)

(2005/C 132/07)

(Language of the case: Spanish)

In Case C-91/03, action for annulment under Article 230 EC,
brought on 28 February 2003, Kingdom of Spain (Agent: N.
Díaz Abad) v Council of the European Union (Agents: J.
Carbery, F. Florindo Gijón and M. Balta), supported by the
Commission of the European Communities (Agents: T. van
Rijn and S. Pardo Quintillàn), and the French Republic
(Agents: G. de Bergues and A. Colomb) — the Court (Second
Chamber), composed of C.W.A. Timmermans, President of the
Chamber, C. Gulmann, R. Schintgen, P. Kūris (Rapporteur) and
J. Klučka, Judges; A. Tizzano, Advocate General; K. Sztranc,
Administrator, for the Registrar, has given a judgment on 17
March 2005, in which it:

1. Dismisses the action;

2. Orders the Kingdom of Spain to bear its own costs and those

incurred by the Council of the European Union;

3. Orders the French Republic and the Commission of the European

Communities to bear their own costs.

(1) OJ C 135 of 07.06.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 14 April 2005

in Case C-110/03: Kingdom of Belgium v Commission of
the European Communities (1)

(Action for anuulment — Regulation (EC) No 2204/2002 —
Horizontal State aid — Aid for employment — Legal
certainty — Subsidiarity — Proportionality — Coherence of
Community action — Non-discrimination — Regulation (EC)
No 994/98 — Objection of illegality)

(2005/C 132/08)

(Language of the case: French)

E. Dominkovits,

and subsequently by

initially A.
In Case C-110/03 Kingdom of Belgium (Agents:
Snoecx,
assisted
D. Waelbroeck and D. Brinckman) v Commission of the Euro-
pean Communities (Agent: G. Rozet) — action for annulment
under Article 230 EC, brought before the Court on 10 March
2003 — the Court (Third Chamber), composed of A. Rosas,
President of the Chamber, A. Borg Barthet, J. P. Puissochet, J.
Malenovský (Rapporteur) and U. Lõhmus,
Judges; D. Ruiz-
Jarabo Colomer, Advocate General; M.-F. Contet, Principal
Administrator, for the Registrar, gave a judgment on 14 April
2005, in which it:

1. Dismisses the action;

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

(1) OJ C 112 of 10.05.2003.