Case C-296/08: Reference for a preliminary ruling from the Cour d'appel de Montpellier (France) lodged on 3 July 2008 — Ministère public v Ignacio Pédro Santesteban Goicoechea
Date: 2008-07-03
Institutions: Court of Justice
Subjects: European arrest warrant, European judicial area, extradition, interpretation of the law, judicial cooperation, mutual recognition principle

C 223/34

EN

Official Journal of the European Union

30.8.2008

Form of order sought

— Declare that, by not drawing up an external emergency plan
for the measures to be taken outside establishments subject
to Article 9 of Council Directive 96/82/EC of 9 December
1996 on the control of major-accident hazards involving
dangerous substances (1), the Grand Duchy of Luxembourg
has failed to fulfil its obligations under Article 11(1)(c) of
that directive;

— order Grand Duchy of Luxembourg to pay the costs.

otherwise need international protection and the content of
the protection granted and (1),
in any event, by failing to
inform the Commission thereof, the Republic of Finland has
failed to fulfil its obligations under that directive.

— order Republic of Finland to pay the costs.

Pleas in law and main arguments

The time-limit
10 October 2006.

for transposition of

the directive expired on

Pleas in law and main arguments

(1) OJ L 304, p. 12.

The applicant claims that drawing up an emergency plan for the
measures to be taken outside establishments subject to Article 9
of Council Directive 96/82/EC is a fundamental requirement of
that directive. The Grand Duchy of Luxembourg has failed to
fulfil its obligations under the directive since it has not drawn
up such plans for eight operational establishments situated on
its territory.

(1) OJ 1997, L 10, p. 13.

Action brought on 2 July 2008 — Commission of the
European Communities v Republic of Finland

(Case C-293/08)

(2008/C 223/53)

Language of the case: Finnish

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and I. Koskinen, acting as
Agents)

Defendant: Republic of Finland

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/83/EC of 29 April 2004 on minimum stan-
dards for
third country
nationals or stateless persons as refugees or as persons who

the qualification and status of

Reference for a preliminary ruling from the Cour d'appel
de Montpellier (France) lodged on 3 July 2008 — Ministère
public v Ignacio Pédro Santesteban Goicoechea

(Case C-296/08)

(2008/C 223/54)

Language of the case: French

Referring court

Cour d'appel de Montpellier

Parties to the main proceedings

Applicant: Ministère public

Defendant: Ignacio Pédro Santesteban Goicoechea

Questions referred

1. Does the failure of a Member State (in this case Spain) to
give notification under Article 31(2) of the Framework Deci-
sion of 13 June 2002 on the European arrest warrant and
the surrender procedures between Member States (1) of its
intention to continue to apply bilateral or multilateral agree-
ments preclude, by reason of the word ‘replace’ in Article 31
of that Framework Decision, that Member State from using
with another Member State (in this case France), which has
made a statement under Article 32 of the Framework Deci-
sion, procedures other than that of
the European arrest
warrant?

30.8.2008

EN

Official Journal of the European Union

C 223/35

2. If the answer to the above question is in the negative, do the
provisos made by the executing Member State permit that
State to apply a Convention of 27 September 1996, thus
prior to 1 January 2004, but which entered into force in that
executing State after that date of 1 January 2004 referred to
in Article 32 of the Framework Decision?

(1) Council Framework Decision 2002/584/JHA of 13 June 2002 on the
European arrest warrant and the surrender procedures between
Member States (OJ 2002 L 190, p. 1).

Italian authorities themselves in official communications, the
failure to fulfil obligations complained of is a source of danger
to human health and the environment and therefore constitutes
infringement of Articles 4 and 5 of Directive 2006/12/EC.

(1) OJ L 114 of 27.4.2006, p. 9.

Action brought on 3 July 2008 — Commission of the
European Communities v Hellenic Republic

Action brought on 3 July 2008 — Commission of the
European Communities v Italian Republic

(Case C-297/08)

(2008/C 223/55)

Language of the case: Italian

Parties

(Case C-298/08)

(2008/C 223/56)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell and I. Khatzigiannis)

Applicant: Commission of the European Communities (repre-
sented by: C. Zadra, D. Recchia and J.-B. Laignelot, acting as
Agents)

Defendant: Hellenic Republic

Defendant: Italian Republic

Form of order sought

— declare that, by failing to adopt, in respect of the Region of
Campania, all the necessary measures to ensure that waste is
recovered or disposed of without endangering human health
and without harming the environment and, in particular, by
failing to establish an integrated and adequate network of
disposal installations, the Italian Republic has failed to fulfil
its obligations under Articles 4 and 5 of Directive
2006/12/EC of the European Parliament and of the Council
of 5 April 2006 on waste (1);

Form of order sought

the European Parliament and of

— declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2006/22/EC (1) of
the
Council of 15 March 2006 on minimum conditions for the
implementation of Council Regulations (EEC) No 3820/85
and (EEC) No 3821/85 concerning social legislation relating
to road transport activities and repealing Council Directive
88/599/EEC, or in any event by not notifying those provi-
sions to the Commission, the Hellenic Republic has failed to
fulfil its obligations under that directive;

— order the Hellenic Republic to pay the costs.

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The time-limit for transposition of the directive into domestic
law expired on 1 April 2007.

By the present action, the Commission seeks to obtain a declara-
tion that the Italian Republic has failed to create, in the Region
of Campania, an integrated and adequate network of disposal
installations suitable to enable self-sufficiency in waste disposal
characterised by the criterion of proximity. As recognised by the

(1) OJ L 102, 11.4.2006, p. 35.