Case C-405/07 P: Judgment of the Court (Second Chamber) of 6 November 2008 — Kingdom of the Netherlands v Commission of the European Communities (Appeal — Article 95(5) EC — Directive 98/69/EC — Measures to be taken against air pollution by emissions from motor vehicles — Derogating national provision advancing the lowering of the Community limit on emissions of particulate matter produced by certain new diesel-powered vehicles — Commission's refusal — Specificity of the problem — Duties of care and to state reasons)
Date: 2008-11-06
Institutions: Court of Justice
Subjects: EU law - national law, European Commission, Netherlands, action for annulment (EU), air quality, derogation from EU law, diesel engine, motor vehicle

20.12.2008

EN

Official Journal of the European Union

C 327/5

and an activity which falls outside the scope of those directives, that
customer is to be regarded as a taxable person even where the supply is
used solely for the purposes of the latter activity.

(1) OJ C 183, 4.8.2007.

Operative part of the judgment

Article 6 of Directive 2006/11/EC of the European Parliament and of
the Council of 15 February 2006 on pollution caused by certain
dangerous substances discharged into the aquatic environment of the
Community cannot be interpreted as allowing the Member States, once
programmes to reduce water pollution including environmental quality
standards have been adopted under that article, to introduce a declara-
tory scheme, in respect of facilities regarded as being low-polluting in
nature, subject to a reference to those standards and a right for the
administrative authority to object to the commencement of the opera-
tions or to impose limits on discharges specific to the facility concerned.

Judgment of the Court (Second Chamber) of 6 November
2008 (reference for a preliminary ruling from the Conseil
d'État — France) — Association nationale pour
la
protection des eaux et rivières — TOS v Ministère de
l'écologie, du développement et de l'aménagement durables

(1) OJ C 269, 10.11.2007.

(Case C-381/07) (1)

of

the

aquatic

environment — Directive
(Pollution
2006/11/EC — Article 6 — Dangerous
substances —
Discharges — Prior authorisation — Fixing of emission stan-
dards — Declaratory scheme — Fish farms)

(2008/C 327/07)

Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings

Applicant: Association nationale pour la protection des eaux et
rivières — TOS

Defendant: Ministère de l'écologie, du développement et de
l'aménagement durables

Re:

Reference for a preliminary ruling — Conseil d'État — Interpre-
tation of Article 6 of Directive 2006/11/EC of the European
Parliament and of the Council of 15 February 2006 on pollu-
tion caused by certain dangerous substances discharged into the
aquatic environment of the Community (OJ 2006 L 64, p. 52)
laying down emission stan-
— Need for prior authorisation,
dards,
into water which may contain
for all discharges
dangerous substances — Compatibility of national rules repla-
cing prior authorisation with a mere declaratory scheme in
respect of fish farms coupled, however, with a reference to the
applicable environmental quality standards and a right for the
competent administrative authority to object to the commence-
ment of operations or to impose limits on discharges specific to
the facility concerned

Judgment of the Court (Second Chamber) of 6 November
2008 — Kingdom of the Netherlands v Commission of the
European Communities

(Case C-405/07 P) (1)

(Appeal — Article 95(5) EC — Directive 98/69/EC —
Measures to be taken against air pollution by emissions from
motor vehicles — Derogating national provision advancing
the lowering of the Community limit on emissions of particu-
late matter produced by certain new diesel-powered vehicles —
Commission's refusal — Specificity of the problem — Duties
of care and to state reasons)

(2008/C 327/08)

Language of the case: Dutch

Parties

Appellant: Kingdom of
M. de Grave and C.M. Wissels, acting as Agents)

the Netherlands (represented by: D.J.

Other party to the proceedings: Commission of
the European
Communities (represented by: M. Patakia, H. van Vliet and
A. Alcover San Pedro, acting as Agents)

Re:

Appeal against the judgment of 27 June 2007 of the Court of
First Instance (Fourth Chamber) in Case T-182/06 Netherlands v
Commission, by which it dismissed the application for annulment
of Commission Decision 2006/372/EC of 3 May 2006
concerning draft national provisions notified by the Kingdom of
the Netherlands under Article 95(5) EC laying down limits on
the emissions of particulate matter by diesel-powered vehicles
(OJ 2006 L 142, p. 16)

C 327/6

EN

Official Journal of the European Union

20.12.2008

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Sets aside the judgment of 27 June 2007 of the Court of First
in Kingdom of

European Communities

Instance
the Netherlands v Commission (T-182/06);

the

of

2. Annuls Commission Decision 2006/372/EC of 3 May 2006
concerning draft national provisions notified by the Kingdom of the
Netherlands under Article 95(5) EC laying down limits on the
emissions of particulate matter by diesel-powered vehicles;

1. declares that by not putting in place the authorities able to verify
the implementation of the principles of good laboratory practice,
the Grand Duchy of Luxembourg has failed to fulfil its obligations
the European
under Article 3 of Directive 2004/9/EC of
Parliament and of the Council of 11 February 2004 on the inspec-
tion and verification of good laboratory practice (GLP);

2. orders the Grand Duchy of Luxembourg to pay the costs.

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

costs.

(1) OJ C 116 of 9.5.2008.

(1) OJ C 269, 10.11.2007.

Judgment of the Court (Seventh Chamber) of 4 November
the European Communities v
2008 — Commission of

Grand Duchy of Luxembourg

Order of the Court (Sixth Chamber) of 6 October 2008
(reference for a preliminary ruling from the Tribunal de
Grande Instance de Nanterre (France)) — Société Roquette
Frères v Direction Générale des Douanes et Droits
la
Indirects, Recette Principale de Gennevilliers de

Direction Générale des Douanes et des Droits Indirects

(Case C-95/08) (1)

(Case C-466/06) (1)

(Failure of a Member State to fulfil its obligations — Directive
2004/9/EC — Failure to designate the authorities responsible
for the inspection of laboratories and for the audit of studies
carried out by laboratories to assess compliance with the prin-
ciples of good laboratory practice)

(2008/C 327/09)

Language of the case: French

(Article 104(3) of the Rules of Procedure — Common organi-
sation of the markets in the sugar sector — Isoglucose —
Setting of basic quantities for the allocation of production
quotas — Isoglucose produced as an intermediate product —
Article 24(2)
of Regulation (EEC) No 1785/81 —
Article 27(3) of Regulation (EC) No 2038/1999 — Article 1
of Regulation (EC) No 2073/2000 — Article 11(2) of Regu-
lation (EC) No 1260/2001 — Article 1 of Regulation (EC)
No 1745/2002 — Article 1 of Regulation (EC) No 1739/2003
— Production levies — Detailed rules for the application of
the quota system — Account taken of the quantities of sugar
in processed products — Determination of the exportable
surplus — Determination of average loss)

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and P. Oliver, acting as Agents)

(2008/C 327/10)

Language of the case: French

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, acting as Agent)

Referring court

Re:

Failure of a Member State to fulfil its obligations — Directive
2004/9/EC of the European Parliament and of the Council of
11 February 2004 on the inspection and verification of good
laboratory practice (GLP) (OJ 2004 L 50, p. 28) — Failure to
the inspection of
designate the authorities responsible for
laboratories and for the audit of studies carried out by labora-
tories to assess compliance with the principles of good labora-
tory practice

Tribunal de Grande Instance de Nanterre

Parties

Applicant: Société Roquette Frères

Defendant: Direction Générale des Douanes et Droits Indirects,
Recette Principale de Gennevilliers de la Direction Générale des
Douanes et des Droits Indirects