CELEX: C2002/191/12
Language: en
Date: 2002-08-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 18 June 2002 in Case C-398/00: Kingdom of Spain v Commission of the European Communities (State aid — Plans notified — No decision by the Commission within the two-month time-limit — Time-limit of 15 working days for initiating the formal investigation procedure — Calculation of the time-limit — Conditions governing prior notice by the Member State and notification of the Commission's decision — Service by fax)

C 191/8                  EN                      Official Journal of the European Communities                                          10.8.2002
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                          (Sixth Chamber)                                                              of 18 June 2002
                           of 18 June 2002
                                                                            in Case C-60/01: Commission of the European Communi-
                                                                                                 ties v French Republic (1)
in Case C-398/00: Kingdom of Spain v Commission of the
                    European Communities (1)
                                                                            (Failure of a Member State to fulfil its obligations —
                                                                            Directives 89/369/EEC and 89/429/EEC — Air pollution —
(State aid — Plans notified — No decision by the Com-                       Municipal waste incineration plants — Incinerators in
mission within the two-month time-limit — Time-limit of                                                    France)
15 working days for initiating the formal investigation
procedure — Calculation of the time-limit — Conditions
governing prior notice by the Member State and notification                                            (2002/C 191/13)
        of the Commission’s decision — Service by fax)
                                                                                                 (Language of the case: French)
                           (2002/C 191/12)
                   (Language of the case: Spanish)                          (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                            In Case C-60/01, Commission of the European Communities
                                                                            (Agents: H. Støvlbaek and J. Adda) v French Republic (Agents:
                                                                            G. de Bergues and D. Colas, and, subsequently, R. Abraham
In Case C-398/00, Kingdom of Spain (Agent: S. Ortiz Vaamon-                 and D. Colas): Application for a declaration that, by failing to
de) v Commission of the European Communities (Agents:                       adopt all the necessary and appropriate measures to ensure
G. Rozet and R. Vidal): Application for annulment of the                    that all incinerators currently operating in France are operated
Commission’s decision of 17 August 2000, notified to the                    in accordance with the combustion conditions laid down by
Kingdom of Spain by letter SG (2000) D/106322 of 22 August                  Council Directive 89/369/EEC of 8 June 1989 on the preven-
2000 and published in the Official Journal of the European                  tion of air pollution from new municipal waste incineration
Communities of 18 November 2000 (OJ 2000 C 328, p. 19), to                  plants (OJ 1989 L 163, p. 32) and Council Directive 89/429/
initiate the formal investigation procedure for assessing the               EEC of 21 June 1989 on the reduction of air pollution from
compatibility with the EC Treaty of aid to Santana Motor SA,                existing municipal waste incineration plants (OJ 1989 L 203,
in respect of all measures therein referred to, other than the              p. 50) or that they ceased to operate by the due date, namely
guarantee granted in June 1998, the Court (Sixth Chamber),                  1 December 1990 as regards new plants and 1 December
composed of: F. Macken, President of the Chamber, J-P. Puisso-              1996 as regards existing plants, the French Republic has failed
chet (Rapporteur), and V. Skouris, Judges; S. Alber, Advocate               to fulfil its obligations under Article 4(1) of Directive 89/
General; R. Grass, Registrar, has given a judgment on 18 June               369, Articles 2(a) and 4 of Directive 89/429 and the third
2002, in which it:                                                          paragraph of Article 249 EC, the Court, composed of:
                                                                            G.C. Rodrı́guez Iglesias, President, P. Jann, F. Macken, N. Col-
                                                                            neric and S. von Bahr (Presidents of Chambers), A. La Pergola,
1.    Annuls the Commission’s decision of 17 August 2000, notified
                                                                            J.-P. Puissochet, M. Wathelet, V. Skouris, J.N. Cunha Rodrigues
      to the Kingdom of Spain by letter SG (2000) D/106322 of               and C.W.A. Timmermans (Rapporteur), Judges; S. Alber,
      22 August 2000, to initiate the formal investigation procedure
                                                                            Advocate General; R. Grass, Registrar, has given a judgment
      for assessing the compatibility with the EC Treaty of aid to          on 18 June 2002, in which it:
      Santana Motor SA, in respect of all measures therein referred
      to, other than the guarantee granted in June 1998;
                                                                            1.     Declares that, by failing to adopt all the necessary and
2.    Orders the Commission of the European Communities to pay                     appropriate measures to ensure that all incinerators in France
      the costs.                                                                   are operated in accordance with the combustion conditions laid
                                                                                   down by Council Directive 89/369/EEC of 8 June 1989 on
                                                                                   the prevention of air pollution from new municipal waste
(1) OJ C 28 of 27.1.2001.                                                          incineration plants and Council Directive 89/429/EEC of
                                                                                   21 June 1989 on the reduction of air pollution from existing
                                                                                   municipal waste incineration plants or that they ceased to
                                                                                   operate by the due date, namely 1 December 1990 as regards