Judgment of the Court (Fifth Chamber) of 28 April 2005 in Case C-157/04: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Waste management — Directives 75/442/EEC, 91/689/EEC and 1999/31/EC — Landfills at Punta de Avalos and Olvera)
Date: 2005-07-09
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, environmental protection, storage of waste, waste management

C 171/4

EN

Official Journal of the European Union

9.7.2005

The term 'batch' within the meaning of Article 4(3) of Commission
Regulation (EC) No 1046/2001 of 30 May 2001 adopting excep-
tional support measures for the markets in pigmeat and veal in the
Netherlands refers to all calves which are delivered for rendering by a
producer on one day in connection with one sales transaction.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 94 of 17.04.2004

(1) OJ C 85 of 03.04.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 12 May 2005

in Case C-99/04: Commission of the European Commu-
nities v Italian Republic (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2001/80/EC — Failure to transpose)

(2005/C 171/07)

(Language of the case: Italian)

In Case C-99/04 Commission of the European Communities
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agents: I.M. Braguglia assisted by G. Fiengo) — Action for
failure to fulfil obligations under Article 226 EC, brought on
26 February 2004 — the Court (Fourth Chamber), composed
of K. Lenaerts, President of the Chamber, K. Schiemann and E.
Juhász, Judges; M. Poiares Maduro, Advocate General; R. Grass,
Registrar, gave a judgment on 12 May 2005, in which it:

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2001/80/EC of the European Parliament and of the Council of
23 October 2001 on the limitation of emissions of certain pollu-
tants into the air
the Italian
Republic has failed to fulfil its obligations under that directive.

from large combustion plants,

JUDGMENT OF THE COURT

(Fifth Chamber)

of 28 April 2005

in Case C-157/04: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure by a Member State to fulfil its obligations — Waste
management — Directives 75/442/EEC, 91/689/EEC and
1999/31/EC — Landfills at Punta de Avalos and Olvera)

(2005/C 171/08)

(Language of the case: Spanish)

In Case C-157/04, Commission of the European Communities
(Agents: G. Valero Jordana and M. Konstantinidis) v Kingdom
of Spain (Agent: L. Fraguas Gadea) — Action for failure to fulfil
obligations under Article 226 EC, brought on 29 March 2004
(Fifth Chamber), composed of R. Silva de
— the Court
Lapuerta, President of the Chamber, C. Gulmann and J. Klučka
(Rapporteur), Judges; M. Poiares Maduro, Advocate General; R.
Grass, Registrar, gave a judgment on 28 April 2005, in which
it:

1. Declares that, by failing to adopt the measures necessary to ensure
the application of Articles 4, 8, 9 and 13 of Council Directive
75/442/EEC of 15 July 1975 on waste, as amended by Council
Directive 91/156/EEC of 18 March 1991, Article 2 of Council
Directive 91/689/EEC of 12 December 1991 on hazardous
waste, and Article 14 of Council Directive 1999/31/EC of 26
April 1999 on the landfill of waste, the Kingdom of Spain has
failed to fulfil its obligations under those directives with respect to
the uncontrolled landfill in the Punta de Avalos area of the island
of Gomera (Autonomous Community of the Canary Islands).

9.7.2005

EN

Official Journal of the European Union

C 171/5

2. Declares that, by failing to adopt the measures necessary to ensure
the application of Articles 4, 8, 9 and 13 of Directive 75/442,
as amended by Directive 91/156, the Kingdom of Spain has
failed to fulfil its obligations under that directive with respect to
the uncontrolled landfill
in Olvera, Province of Cadiz (Auton-
omous Community of Andalusia).

2. The decision referred to in Article 4 of Directive 90/313, against
which a judicial or administrative review may be sought by the
person who made the request
is the implied
refusal which arises from the failure by the public authority compe-
tent to decide on that request to respond within two months.

for information,

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

(1) OJ C 106 of 30.04.2004.

legislation according to which,

3. Article 3(4) of Directive 90/313, in conjunction with Article 4
thereof, does not preclude, in a situation such as that in the main
proceedings, national
the
purposes of granting effective judicial protection, the failure of a
public authority to respond within a period of two months is
deemed to give rise to an implied refusal which may be the subject
of a judicial or administrative review in accordance with the
national
legal system. However, by virtue of Article 3(4) it is
unlawful for such a decision not to be accompanied by reasons
when the two-month time-limit expires. In those circumstances,
the implied refusal must be regarded as unlawful.

for

JUDGMENT OF THE COURT

(1) OJ C 156 of 12.06.2004.

(Second Chamber)

of 21 April 2005

in Case C-186/04: Reference for a preliminary ruling from
the Conseil d'État in Pierre Housieaux v Délégués du
conseil de la Région de Bruxelles-Capitale (1)

(Directive 90/313/EEC — Freedom of access to information
on the environment — Request for information — Require-
ment to give reasons in the event of refusal — Mandatory
time-limit — Failure of a public authority to respond within
the time-limit for reply — Implied refusal — Fundamental
right to effective judicial protection)

(2005/C 171/09)

(Language of the case: French)

In Case C-186/04: reference for a preliminary ruling under
Article 234 EC from the Conseil d'État (Belgium), made by deci-
sion of 1 April 2004, received at the Court on 22 April 2004,
in the proceedings between Pierre Housieaux and Délégués du
conseil de la Région de Bruxelles-Capitale interested parties: —
the Court (Second Chamber), composed of C.W.A. Timmer-
mans, President of the Chamber, R. Silva de Lapuerta, P. Kūris,
G. Arestis and J. Klučka (Rapporteur), Judges; J. Kokott, Advo-
cate General; R. Grass, Registrar, gave a judgment on 21 April
2005, in which it ruled:

1. The two-month time-limit laid down in Article 3(4) of Council
Directive 90/313/EEC of 7 June 1990 on the freedom of access
to information on the environment is mandatory.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 4 May 2005

in Case C-335/04: Commission of the European Commu-
nities v Republic of Austria (1)

(Failure of a Member State to fulfil obligations — Directive
2000/43/EC — Failure to transpose within the period
prescribed)

(2005/C 171/10)

(Language of the case: German)

In Case C-335/04, Commission of the European Commu-
nities (Agents: D. Martin and H. Kreppel) v Republic of
Austria (Agent: E. Riedl) — action for failure to fulfil obliga-
tions brought pursuant to Article 226 EC on 30 July 2004 —
the Court (Fifth Chamber), composed of R. Silva de Lapuerta,
President of the Chamber, P. Kūris and J. Klučka (Rapporteur),
Judges; P. Léger, Advocate General; R. Grass, Registrar, gave a
judgment on 4 May 2005, in which it: