FIFTH QUESTION
23 IN ITS FIFTH QUESTION, THE NATIONAL COURT ESSENTIALLY SEEKS TO DETERMINE WHETHER ARTICLES 8 AND 12 OF THE DIRECTIVE DIRECTLY IMPOSE OBLIGATIONS ON OPERATORS OR WHETHER IMPLEMENTING MEASURES MUST BE ADOPTED BY THE MEMBER STATES .
24 IT SHOULD BE NOTED THAT THE COURT HAS ALREADY HELD "THAT A DIRECTIVE MAY NOT OF ITSELF IMPOSE OBLIGATIONS ON AN INDIVIDUAL AND THAT A PROVISION OF A DIRECTIVE MAY NOT BE RELIED UPON AS SUCH AGAINST SUCH A PERSON" ( CASE 152/84 MARSHALL (( 1986 )) ECR 723 ).
25 MOREOVER, IT IS APPARENT FROM THE VERY WORDING OF ARTICLES 8 AND 12 THAT THEIR IMPLEMENTATION REQUIRES THE MEMBER STATES TO ESTABLISH OR DESIGNATE THE COMPETENT AUTHORITY REFERRED TO IN ARTICLE 5 . ARTICLE 8 PROVIDES THAT ANY UNDERTAKING TREATING, STORING OR TIPPING WASTE ON BEHALF OF THIRD PARTIES MUST OBTAIN A PERMIT "FROM THE COMPETENT AUTHORITY REFERRED TO IN ARTICLE 5", AND ARTICLE 12 PROVIDES THAT UNDERTAKINGS ARE REQUIRED TO SUPPLY CERTAIN INFORMATION "TO THE COMPETENT AUTHORITY REFERRED TO IN ARTICLE 5 ". MOREOVER, THOSE ARTICLES CONTAIN NO RULES AS TO THE PROCEDURAL AND SUBSTANTIVE CONDITIONS TO BE FULFILLED IN ORDER TO OBTAIN THE PERMIT REFERRED TO IN ARTICLE 8 OR SPECIFIC DETAILS OF THE INFORMATION REFERRED TO IN ARTICLE 12 . IT IS THEREFORE NECESSARY FOR PROVISIONS TO BE ADOPTED FOR THAT PURPOSE BY THE MEMBER STATES .
26 IT MUST THEREFORE BE STATED IN REPLY TO THE FIFTH QUESTION THAT ARTICLES 8 AND 12 OF DIRECTIVE 75/442 DO NOT DIRECTLY IMPOSE OBLIGATIONS UPON PERSONS OR UNDERTAKINGS .
Decision on costs
COSTS
27 THE COSTS INCURRED BY THE COMMISSION, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTIONS PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS,
THE COURT ( FOURTH CHAMBER ),
IN REPLY TO THE QUESTIONS SUBMITTED TO IT BY THE RECHTBANK VAN EERSTE AANLEG, BRUGES, BY JUDGMENTS OF 30 OCTOBER 1985, HEREBY RULES :
( 1 ) ANY OPERATOR ENGAGING IN ANY OF THE ACTIVITIES REFERRED TO IN ARTICLES 8 TO 12 OF DIRECTIVE 75/442 IS SUBJECT TO THE MEASURES PROVIDED FOR IN THOSE PROVISIONS;
( 2 ) THE PERMIT PROVIDED FOR IN ARTICLE 8 OF DIRECTIVE 75/442 IS ISSUED BY THE COMPETENT AUTHORITY ESTABLISHED OR DESIGNATED BY THE MEMBER STATES PURSUANT TO ARTICLE 5 OF THE DIRECTIVE AND CANNOT BE REPLACED BY THE CONSENT OF THE OWNER OR OCCUPIER OF THE LAND WHERE THE WASTE IS DISCHARGED; AN OWNER OR OCCUPIER OF LAND, AS AN OPERATOR TIPPING HIS OWN WASTE ON THAT LAND, DOES NOT NEED A PERMIT UNDER ARTICLE 8 OF THE DIRECTIVE, BUT A MEASURE SUBJECTING HIM TO SUCH A REQUIREMENT MAY BE ADOPTED AS ONE OF THE NECESSARY MEASURES TO BE TAKEN BY THE MEMBER STATES UNDER ARTICLE 4 OF THE