CELEX: C2003/019/10
Language: en
Date: 2003-01-25 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 12 December 2002 in Case C-5/01: Kingdom of Belgium v Commission of the European Communities (ECSC Treaty — Aid granted by the Member States — Annulment of Commission Decision 2001/198/ECSC of 15 November 2000 concerning State aid granted by Belgium to Cockerill Sambre SA)

C 19/6                  EN                       Official Journal of the European Communities                                          25.1.2003
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                                                                                                      (Fifth Chamber)
                          (Fifth Chamber)
                                                                                                   of 5 December 2002
                       of 12 December 2002
                                                                            in Case C-174/01: Commission of the European Communi-
                                                                                        ties v Grand Duchy of Luxembourg ( 1)
in Case C-5/01: Kingdom of Belgium v Commission of the
                   European Communities ( 1)                                (Failure by a Member State to fulfil obligations — Waste
                                                                            management — First indent of Article 11(1) of Directive
                                                                            96/59/EC on the disposal of polychlorinated biphenyls and
(ECSC Treaty — Aid granted by the Member States —                                        polychlorinated terphenyls (PCB/PCT))
Annulment of Commission Decision 2001/198/ECSC of
15 November 2000 concerning State aid granted by Belgium
                                                                                                       (2003/C 19/11)
                      to Cockerill Sambre SA)
                                                                                                (Language of the case: French)
                           (2003/C 19/10)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
                    (Language of the case: French)
(Provisional translation; the definitive translation will be published      In Case C-174/01, Commission of the European Communities
                   in the European Court Reports)                           (Agents: H. Støvlbaek and J. Adda) v Grand Duchy of
                                                                            Luxembourg (Agent: J. Falz): Application for a declaration that,
                                                                            by failing to draw up plans for the decontamination and/or
                                                                            disposal of inventoried equipment and the polychlorinated
                                                                            biphenyls contained therein, in accordance with the require-
                                                                            ments of Article 11 of Council Directive 96/59/EC of 16 Sep-
                                                                            tember 1996 on the disposal of polychlorinated biphenyls and
In Case C-5/01, Kingdom of Belgium (Agent: A. Snoecx,
                                                                            polychlorinated terphenyls (PCB/PCT) (OJ 1996 L 243, p. 31),
assisted by L. Levi, G. Vandersanden and J.-M. de Backer,
                                                                            the Grand Duchy of Luxembourg has failed to fulfil its
avocats) v Commission of the European Communities (Agent:
                                                                            obligations under that directive, the Court (Fifth Chamber),
G. Rozet): Application for the annulment of Commission
                                                                            composed of: D.A.O. Edward, acting for the President of the
Decision 2001/198/ECSC of 15 November 2000 concerning
                                                                            Fifth Chamber, A. La Pergola (Rapporteur), P. Jann, S. von Bahr
State aid granted by Belgium to Cockerill Sambre SA (OJ 2001
                                                                            and A. Rosas, Judges; D. Ruiz-Jarabo Colomer, Advocate
L 71, p. 23), the Court (Fifth Chamber), composed of:
                                                                            General; R. Grass, Registrar, has given a judgment on 5 Decem-
M. Wathelet, President of the Chamber, C.W.A. Timmermans,
                                                                            ber 2002, in which it:
D.A.O. Edward (Rapporteur), P. Jann and S. von Bahr, Judges;
C. Stix-Hackl, Advocate General; H.A. Rühl, Principal Adminis-
trator, for the Registrar, has given a judgment on 12 December              1.    Declares that, by failing to draw up plans for the decontami-
2002, in which it:                                                                nation and/or disposal of inventoried equipment and the
                                                                                  polychlorinated biphenyls contained therein, in accordance with
                                                                                  the requirements of the first indent of Article 11(1) of Council
1.    Dismisses the application;                                                  Directive 96/59/EC of 16 September 1996 on the disposal of
                                                                                  polychlorinated biphenyls and polychlorinated terphenyls (PCB/
                                                                                  PCT), the Grand Duchy of Luxembourg has failed to fulfil its
2.    Orders the Kingdom of Belgium to pay the costs.                             obligations under that directive;
                                                                            2.    Orders the Grand Duchy of Luxembourg to pay the costs.
( 1) OJ C 61 of 24.02.2001.
                                                                            (1 ) OJ C 173 of 16.6.2001.