Source: EURLEX
Language: en
Format: md

29.11.2003 EN Official Journal of the European Union C 289/9

1. _Declares that by transposing only part of Article 1 of Directive_
_98/81/EC of 26 October 1998 amending Directive 90/219/_
_EEC on the contained use of genetically modified micro-_
_organisms and Annexes IV and V to Council Directive 90/_
_219/EEC of 23 April 1990 on the contained use of genetically_
_modified micro-organisms in the version in Directive 98/81,_
_the Grand Duchy of Luxembourg has failed to fulfil its_
_obligations under Article 2 of Directive 98/81;_

2. _Orders the Grand Duchy of Luxembourg to pay the costs._

( [1] ) OJ C 261 of 26.10.2002.

**JUDGMENT OF THE COURT**

**(Second Chamber)**

**of 16 October 2003**

**inCase C-388/02: Commissionof the European Communi-**
**ties v Ireland** ( [1] )

_**(Failure of a Member State to fulfil its obligations — Failure**_
_**to transpose Directive 1999/42/EC)**_

(2003/C 289/16)

_(Language of the case: English)_

In Case C-388/02, Commission of the European Communities
(Agents: M. Patakia and K. Banks) v Ireland (Agent: D. O’Hagan,
assisted by A. Colins): Application for a declaration that, by
failing to adopt the laws, regulations and administrative
provisions necessary to comply with Directive 1999/42/EC of
the European Parliament and of the Council of 7 June 1999
establishing a mechanism for the recognition of qualifications
in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ 1999 L 201, p. 77), or in any event by failing to
notify those provisions to the Commission, Ireland has failed
to fulfil its obligations under that directive, the Court (Second
Chamber), composed of: R. Schintgen, President of the
Chamber, V. Skouris and N. Colneric (Rapporteur), Judges;
A. Tizzano, Advocate General; R. Grass, Registrar, has given a
judgment on 16 October 2003, in which it:

1. _Declares that, by failing to adopt the laws, regulations and_
_administrative provisions necessary to comply with Directive_
_1999/42/EC of the European Parliament and of the Council_
_of 7 June 1999 establishing a mechanism for the recognition_
_of qualifications in respect of the professional activities covered_
_by the Directives on liberalisation and transitional measures_
_and supplementing the general systems for the recognition of_
_qualifications, Ireland has failed to fulfil its obligations under_
_that directive;_

2. _Orders Ireland to pay the costs._

( [1] ) OJ C 7 of 11.1.2003.

**JUDGMENT OF THE COURT**

**(Third Chamber)**

**of 16 October 2003**

**inCase C-423/02:Commission of the European Communi-**
**ties v United Kingdom of Great Britain and Northern**
**Ireland** ( [1] )

_**(Failure of a Member State to fulfil its obligations —**_
_**Environment — Landfill of waste — Directive 1999/31/EC)**_

(2003/C 289/17)

_(Language of the case: English)_

In Case C-423/02, Commission of the European Communities
(Agents: X. Lewis and M. Konstantinidis) v United Kingdom of
Great Britain and Northern Ireland (Agent: P. Ormond):
Application for a declaration that, by failing to adopt all the
laws, regulations or administrative provisions necessary to
comply with Council Directive 1999/31/EC of 26 April 1999
on the landfill of waste (OJ 1999 L 182, p. 1) or, in any event,
by failing to notify such provisions to the Commission, the
United Kingdom of Great Britain and Northern Ireland has
failed to fulfil fully its obligations under Article 18 of
that directive, the Court (Third Chamber), composed of: J.P. Puissochet, President of the Chamber, F. Macken (Rapporteur) and J.N. Cunha Rodrigues, Judges; J. Mischo, Advocate
General; R. Grass, Registrar, has given a judgment on 16 October 2003, in which it:

C 289/10 EN Official Journal of the European Union 29.11.2003

1. _Declares that, by failing to adopt all the laws, regulations and_
_administrative provisions necessary to comply with Council_
_Directive 1999/31/EC of 26 April 1999 on the landfill of_
_waste, the United Kingdom of Great Britain and Northern_
_Ireland has failed to fulfil its obligations under Article 18 of_
_the Directive;_

2. _Orders the United Kingdom of Great Britain and Northern_
_Ireland to pay the costs._

( [1] ) OJ C 19 of 25.1.2003.

**JUDGMENT OF THE COURT**

**(Sixth Chamber)**

**of 16 October 2003**

**inCase C-433/02: Commissionof the European Communi-**
**ties v Kingdom of Belgium** ( [1] )

_**(Failure by a Member State to fulfil its obligations —**_
_**Directive 92/100/EEC — Copyright — Remuneration of**_
_**authors in the event of public lending of their literary or**_
_**artistic works)**_

(2003/C 289/18)

_(Language of the case: French)_

_(Provisional translation; the definitive translation will be published_
_in the European Court Reports)_

In Case C-433/02, Commission of the European Communities
(Agent: K. Banks) v Kingdom of Belgium (Agent: A. Snoecx):
Application for a declaration that, by failing to apply the
provisions on the public lending right provided for in Council
Directive 92/100/EEC of 19 November 1992 on rental right
and lending right and on certain rights related to copyright in
the field of intellectual property (OJ 1992 L 346, p. 61), the
Kingdom of Belgium has failed to fulfil its obligations under
Articles 1 and 5 of that directive, the Court (Sixth Chamber),
composed of: J.-P. Puissochet, President of the Chamber,
R. Schintgen, C. Gulmann (Rapporteur), V. Skouris and
J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;
R. Grass, for the Registrar, has given a judgment on 16 October
2003, in which it:

1. _Declares that, by failing to apply the provisions on the public_
_lending right provided for in Council Directive 92/100/EEC of_
_19 November 1992 on rental right and lending right and on_
_certain rights related to copyright in the field of intellectual_
_property, the Kingdom of Belgium has failed to fulfil its_
_obligations under Articles 1 and 5 of that directive;_

2. _Orders the Kingdom of Belgium to pay the costs._

( [1] ) OJ C 19 of 25.1.2003.

**JUDGMENT OF THE COURT**

**(Third Chamber)**

**of 16 October 2003**

**in Case C-29/03: Commission of the European Communi-**
**ties v Instituto Tecnológico para a Europa Comunitária**
**(ITEC)** ( [1] )

_**(Arbitration clause — Non-performance of contract —**_
_**Recovery of moneys advanced — Procedure in default)**_

(2003/C 289/19)

_(Language of the case: Portuguese)_

_(Provisional translation; the definitive translation will be published_
_in the European Court Reports)_

In Case C-29/03, Commission of the European Communities
(Agents: G. Braga da Cruz and C. Giolito) v Instituto Tecnológico para a Europa Comunitária (ITEC), a private establishment
established in Lisbon (Portugal): Application by the Commission under Article 238 EC to recover EUR 62 236,65
advanced by it to the defendant in relation to performance of
Contract No IN10278I 20364/0, together with default interest,
the Court (Third Chamber), composed of: J.-P. Puissochet,
President of the Chamber, F. Macken and J.N. Cunha Rodrigues
(Rapporteur), Judges; S. Alber, Advocate General; R. Grass,
Registrar, has given a judgment on 16 October 2003, in which
it:

1. _Orders Instituto Tecnológico para a Europa Comunitária (ITEC)_
_to repay to the Commission of the European Communities the_
_sum of EUR 62 236,65, together with default interest at the_
_rate prescribed by Portuguese law, calculated in accordance with_
_the provisions of Portaria No 263/99 of 12 April 1999 until_
_30 April 2003 and Portaria No 291/2003 of 8 April 2003_
_as from 1 May 2003, until the debt is paid in full;_

2. _Orders Instituto Tecnológico para a Europa Comunitária (ITEC)_
_to pay the costs._

( [1] ) OJ C 70 of 22.3.2003.