Case C-189/07: Action brought on 3 April 2007 — Commission of the European Communities v Kingdom of Spain
Date: 2007-06-09
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, fishing controls, fishing regulations, marketing standard, offence

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