Case C-492/07: Judgment of the Court (Fifth Chamber) of 22 January 2009 — Commission of the European Communities v Republic of Poland (Failure of a Member State to fulfil its obligations — Directive 2002/21/EC — Electronic communications networks and services — Definition of subscriber)
Date: 2009-01-22
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, electronic mail, national implementing measure, telecommunications, transmission network

21.3.2009

EN

Official Journal of the European Union

C 69/9

Judgment of the Court (Second Chamber) of 22 January
2009 (reference for a preliminary ruling from the Conseil
d'État (France)) — Association nationale pour la protection
des eaux et rivières — TOS, Association OABA v Ministère
de l'écologie, du développement et de l'aménagement
durables

(Case C-473/07) (1)

(Pollution and nuisance — Directive 96/61/EC — Annex I —
Subheading 6.6(a) — Intensive rearing of poultry — Defini-
tion — Meaning of ‘poultry’ — Maximum number of animals
per installation)

(2009/C 69/13)

Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings

taken of the amount of nitrogen actually excreted by the various
bird species.

(1) OJ C 22, 26.1.2008.

Judgment of the Court (Fifth Chamber) of 22 January 2009
— Commission of the European Communities v Republic
of Poland

(Case C-492/07) (1)

(Failure of a Member State to fulfil its obligations — Directive
2002/21/EC — Electronic communications networks and
services — Definition of subscriber)

(2009/C 69/14)

Language of the case: Polish

Applicants: Association nationale pour la protection des eaux et
rivières — TOS, Association OABA

Parties

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

Applicant: Commission of the European Communities (repre-
sented by: A. Nijenhuis and K. Mojzesowicz, acting as Agents)

Intervener: Association France Nature Environnement

Defendant: Republic of Poland (represented by: M. Dowgielewicz,
Agent)

Re:

Re:

Reference for a preliminary ruling — Conseil d'État (France) —
Interpretation of Council Directive 96/61/EC of 24 September
1996 concerning integrated pollution prevention and control
(OJ 1996 L 257, p. 26) — Scope ratione materiae of the directive
— Installations for the intensive rearing of poultry with more
than 40 000 places (subject to an authorisation requirement)
(subheading 6.6(a) of Annex I to the directive) — Concepts of
‘poultry’ and ‘places’ — Whether quail, partridge and pigeon are
included within the scope of the directive — If so, whether
national
legislation which gives weighting to the number of
animals per place according to species is permissible

Operative part of the judgment

1. The term ‘poultry’, which appears in subheading 6.6(a) of Annex I
to Council Directive 96/61/EC of 24 September 1996 concerning
integrated pollution prevention and control, as amended by Regu-
lation (EC) No 1882/2003 of the European Parliament and of
the Council of 29 September 2003, must be interpreted as
including quails, partridges and pigeons.

2. Subheading 6.6(a) of Annex I to Directive 96/61, as amended by
Regulation No 1882/2003, precludes national legislation, such as
that at issue in the main proceedings, which calculates the thresh-
olds for authorisation of installations for intensive rearing on the
basis of a system of ‘animal-equivalents’ founded on a weighting of
animals by places according to species so that account may be

Failure of a Member State to fulfil its obligations — Failure to
adopt within the prescribed period the necessary measures to
comply with Article 2(k) of Directive 2002/21/EC of the Euro-
pean Parliament and of the Council of 7 March 2002 on a
common regulatory framework for electronic communications
networks and services (Framework Directive) (OJ 2002 L 108,
p. 33) — Definition of subscriber.

Operative part of the judgment

The Court:

1. Declares

by

that,

failing

transpose

correctly Directive
to
2002/21/EC of the European Parliament and of the Council of
7 March 2002 on a common regulatory framework for electronic
communications networks and services (Framework Directive) and
in particular Article 2(k) thereof with reference to the definition of
‘subscriber’, the Republic of Poland has failed to fulfil its obliga-
tions under that directive;

2. Orders the Republic of Poland to pay the costs.

(1) OJ C 22, 26.1.2008.