Case C-188/07: Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 3 April 2007 — Commune de Mesquer v Total France, SA, Total International Ltd.
Date: 2007-06-09
Institutions: Court of Justice
Subjects: carriage of goods, fuel oil, interpretation of the law, storage of waste, transport accident, waste management

9.6.2007

EN

Official Journal of the European Union

C 129/9

Reference for a preliminary ruling from the Tribunal
Superior de Justicia de Canarias (Spain) lodged on 2 April
2007 — Club Náutico de Gran Canaria v Comunidad
Autónoma de Canarias

2. Is the material, the length or the purpose of the tethering of

any significance in that respect?

(Case C-186/07)

(2007/C 129/14)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Canarias

Parties to the main proceedings

Defendant: Comunidad Autónoma de Canarias

Applicant: Club Náutico de Gran Canaria

(1) Council Directive 91/629/EEC of 19 November 1991 laying down
minimum standards for the protection of calves (OJ 1991 L 340,
p. 28).

(2) Commission Decision of 24 February 1997 amending the Annex to

Directive 91/629/EEC (OJ 1997 L 76, p. 30).

Reference for a preliminary ruling from the Cour de
Cassation (France) lodged on 3 April 2007 — Commune de
Mesquer v Total France, SA, Total International Ltd.

(Case C-188/07)

(2007/C 129/16)

Language of the case: French

Question referred

Decides to refer the matter to the Court of Justice of the Euro-
pean Communities for the latter to give a preliminary ruling on
the effects of its judgment of 7 May 1998 on Article 10.1.13 of
Law 20/91 amending the fiscal aspects of the economic and
fiscal rules applicable to the Canary Islands (1).

Referring court

(1) Case C-124/96 Commission v Spain, ECR [1998], p. I-2501.

Cour de Cassation

Reference for a preliminary ruling from the Rechtbank
Zutphen (Nederland) lodged on 3 April 2007 — Criminal
proceedings against Dirk Endendijk

(Case C-187/07)

(2007/C 129/15)

Parties to the main proceedings

Appellant: Commune de Mesquer

Respondents: Total France, SA, formerly known as Total Raffinage
Distribution, Total International Ltd.

Language of the case: Dutch

Questions referred

Referring court

Rechtbank Zutphen

Parties to the main proceedings

Dirk Endendijk

Questions referred

1. How is

tethered, within the meaning of Directive
91/629/EEC (1), in conjunction with Decision 97/182/EC (2)
to be interpreted?

1. Can heavy fuel oil, as the product of a refining process,
meeting the user's
specifications and intended by the
producer to be sold as a combustible fuel, and referred to in
Directive 68/414/EEC of 20 December 1968 (1) as amended
by Directive 98/93/EC of 14 December 1998 (2) relating to
strategic resources
to which a stock-holding obligation
attaches, be treated as waste within the meaning of Article 1
of Directive 75/442/EEC of 15 July 1975 (3) as amended by
Directive 91/156/EEC of 18 March 1991 (4) and codified by
Directive 2006/12/EC (5)?

2. Does a cargo of heavy fuel oil, transported by a ship and
accidentally spilled into the sea, constitute — either in itself
or on account of being mixed with water and sediment —
waste falling within Category Q4 in Annex I to Directive
2006/12/EC?

C 129/10

EN

Official Journal of the European Union

9.6.2007

3. Where the first question is answered in the negative and the
second in the affirmative, can the producer of heavy fuel oil
(Total Raffinage) and/or the seller and carrier (Total Interna-
tional Ltd) be regarded as the producer and/or holder of
waste within the meaning of Article 1(b) and (c) of Directive
2006/12/EC and for the purposes of applying Article 15 of
that Directive, even though at the time of the accident which
transformed it into waste the product was being transported
by a third party?

administrative actions or criminal proceedings and imposing
penalties which have a deterrent effect on those responsible;

its obligations
the Kingdom of Spain has failed to fulfil
under Article 2(1) and Article 31(1) and (2) of Regulation
(EEC) No 2847/93 (3).

— order Kingdom of Spain to pay the costs.

(1) Council Directive 68/414/EEC of 20 December 1968 imposing an
the EEC to maintain minimum
obligation on Member States of
stocks of crude oil and/or petroleum products (OJ, English Special
Edition 1968(II), p. 586).

(2) Council Directive 98/93/EC of 14 December 1998 amending Direc-
tive 68/414/EEC imposing an obligation on Member States of the
EEC to maintain minimum stocks of crude oil and/or petroleum
products (OJ 1998 L 358, p. 100).

(3) Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975

L 194, p. 39).

(4) Council Directive 91/156/EEC of 18 March 1991 amending Direc-

tive 75/442/EEC on waste (OJ 1991 L 78, p. 32).

(5) Directive 2006/12/EC of

the European Parliament and of

the

Council of 5 April 2006 on waste (OJ 2006 L 114, p. 9).

Action brought on 3 April 2007 — Commission of the
European Communities v Kingdom of Spain

(Case C-189/07)

(2007/C 129/17)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by P. Oliver and F. Jimeno Fernández, Agents)

Pleas in law and main arguments

The regulatory framework applicable requires that Member
States:

— implement an effective system for the monitoring, inspec-
tion and surveillance of landing and marketing activities in
relation to species subject to rules on minimum size;

— impose penalties which have a deterrent effect on those

responsible for infringing Community provisions;

— enforce effectively penalties capable of being imposed on
those responsible in order to prevent unjust enrichment
from illegal activity.

In the present case it has been duly established that Spain has
failed to fulfil its obligations under Community legislation on
controls and penalties for infringements relating to fishing activ-
ities. That failure to fulfil obligations is not only evidenced by
the conclusions reached by the Community inspectors but is
also accepted by the defendant.

(1) Council Regulation (EC) No 850/98 of 30 March 1998 for the
conservation of fishery resources through technical measures for the
protection of juveniles of marine organisms (OJ 1998 L 125, p. 1).
(2) Council Regulation (EC) No 2406/96 of 26 November 1996 laying
down common marketing standards for certain fishery products
(OJ 1996 L 334, p. 1).

(3) Council Regulation (EC) No 2847/93 of 12 October 1993 estab-
lishing a control system applicable to the common fisheries policy
(OJ 1993 L 261, p. 1).

Defendant: Kingdom of Spain

Action brought on 3 April 2007 — Commission of the
European Communities v Italian Republic

Form of order sought

— declare that,

by failing to carry out satisfactorily the monitoring, inspec-
tion and surveillance of fishing activities within its territory
and within maritime waters subject to its sovereignty or
jurisdiction, including the landing and marketing of species
subject to rules on minimum size under Regulations (EC)
No 850/98 (1) and 2406/96 (2); and

by failing to act with sufficient diligence to ensure the adop-
tion of appropriate measures against those responsible for
infringing Community provisions, in particular by bringing

(Case C-190/07)

(2007/C 129/18)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Cattabriga, agent)

Defendant: Italian Republic