CELEX: C2002/274/36
Language: en
Date: 2002-11-09 00:00:00
Title: Case C-331/02: Action brought on 19 September 2002 by the Commission of the European Communities against the United Kingdom

9.11.2002              EN                    Official Journal of the European Communities                                        C 274/21
      installations or, in any event, by failing to notify such         Pleas in law and main arguments
      provisions to the Commission, Ireland has failed to fulfil
      its obligations under Article 15 of this Directive;
                                                                        The obligation on the part of the United Kingdom to take
—     order Ireland to pay the costs.                                   measures in order to comply with the directive for the entirety
                                                                        of its territory is not disputed.
Pleas in law and main arguments                                         Since the United Kingdom has not informed the Commission
                                                                        of the provisions adopted and brought into force to comply
                                                                        with the directive concerned for Gibraltar and since the
Article 249 EC, under which a directive shall be binding as to          Commission is in possession of no other information enabling
the result to be achieved, upon each Member State, carries by           it to conclude that the United Kingdom has adopted and
implication an obligation on the Member States to observe the           brought into force the necessary provisions, it is compelled to
period for compliance laid down in the directive. That period           assume that the United Kingdom has not yet adopted such
expired on 1 April 2001 without Ireland havthe conclusions              provisions and has thus failed to fulfil its obligations under the
of the Commission.ing enacted the provisions necessary to               directive.
comply with the directive referred to in
                                                                        (1 ) OJ L 163, 29.6.1999, p. 41.
( 1) OJ L 85, 29.3.1999, p. 1.
Action brought on 19 September 2002 by the Com-                         Action brought on 19 September 2002 by the Com-
mission of the European Communities against the United                  mission of the European Communities against the United
                               Kingdom                                                               Kingdom
                         (Case C-331/02)                                                          (Case C-332/02)
                         (2002/C 274/36)                                                          (2002/C 274/37)
An action against the United Kingdom was brought before the
                                                                        An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 19 Septem-
                                                                        Court of Justice of the European Communities on 19 Septem-
ber 2002 by the Commission of the European Communities,
                                                                        ber 2002 by the Commission of the European Communities,
represented by Mr X. Lewis, acting as agent, with an address
                                                                        represented by Mr X. Lewis, acting as agent, with an address
for service in Luxembourg.
                                                                        for service in Luxembourg.
The Applicant claims that the Court should:
                                                                        The Applicant claims that the Court should:
1)    declare that by failing to adopt and bring into force
      for Gibraltar the laws, regulations and administrative            1)    declare that by failing to adopt the laws, regulations
      provisions necessary to comply with Council Directive                   and administrative provisions necessary to comply with
      1999/30/EC ( 1) of 22 April 1999 relating to limit values               Council Directive 1999/13/EC (1) of 11 March 1999 on
      for sulphur dioxide, nitrogen dioxide and oxides of                     limitation of emissions of volatile organic compounds
      nitrogen, particulate matter and lead in ambient air or, in             due to the use of organic solvents in certain activities and
      any event, by failing to notify such provisions to the                  installations or, in any event, by failing to notify such
      Commission, the United Kingdom of Great Britain and                     provisions to the Commission, the United Kingdom of
      Northern Ireland has failed to fulfil fully its obligations             Great Britain and Northern Ireland has failed to fulfil fully
      under this Directive.                                                   its obligations under Article 15 of this Directive;
2)    order the United Kingdom to pay the costs.                        2)    order the United Kingdom to the pay the costs.