CELEX: C2002/017/18
Language: en
Date: 2002-01-19 00:00:00
Title: Case C-454/01: Action brought on 22 November 2001 by the Commission of the European Communities against the Federal Republic of Germany

19.1.2002              EN                     Official Journal of the European Communities                                       C 17/11
It is not disputed by the Hellenic Republic that it must adopt           PCBs to be removed or decontaminated, the plan referred
measures to comply with the abovementioned directive.                    to in Article 11 must be drawn up and notified to the
                                                                         Commission.
The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-          (1) OJ L 243, 24.9.1996, p. 31.
ation of the directive at issue into Greek law.                          (2) See page 8 of this Official Journal.
(1) OJ L 221, 8.8.1998, p. 23.
                                                                         Appeal brought on 28 November 2001 by Andreas
                                                                         Tessas and Polixeni Tessa against the order made on
                                                                         11 September 2001 by the Court of First Instance of
Action brought on 22 November 2001 by the Com-                           the European Communities (Fourth Chamber) in Case
mission of the European Communities against the Federal                  T-270/99 Andreas Tessas and Polixeni Tessa against
                      Republic of Germany                                Council of the European Union, supported by the Hellenic
                                                                                                        Republic
                         (Case C-454/01)
                                                                                                 (Case C-461/01 P)
                          (2002/C 17/18)
                                                                                                    (2002/C 17/19)
An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-             An appeal against the order made on 11 September 2001 by
ties on 22 November 2001 by the Commission of the                        the Court of First Instance of the European Communities
European Communities, represented by Götz zur Hausen,                    (Fourth Chamber) in Case T-270/99 Andreas Tessas and
Legal Adviser, acting as Agent, with an address for service in           Polixeni Tessa against Council of the European Union, support-
Luxembourg at the office of Luis Escobar Guerrero, a Member              ed by the Hellenic Republic, was brought before the Court of
of the Commission’s Legal Service, Wagner Centre, Kirchberg.             Justice of the European Communities on 28 November 2001
                                                                         by Andreas Tessas and Polixeni Tessa, represented by Andreas
The Commission claims that the Court should:                             Tessas, of the Larissa Bar.
1.    Declare that, by failing to draw up within the prescribed          The appellants claim that the Court should:
      period the plan required by the first indent of Article 11(1)
      of Council Directive 96/59/EC (1) of 16 September 1996             —     set aside in its entirety the order of the Court of First
      on the disposal of polychlorinated biphenyls and poly-                   Instance of 11 September 2001 in Case T-270/99 and
      chlorinated terphenyls (PCB/PCT), or in any event by                     grant the form of order sought at first instance;
      failing to notify such plan to the Commission, the Federal
      Republic of Germany has failed to fulfil its obligations           —     order the defendant to pay the costs.
      under the EC Treaty;
2.    Order the Federal Republic of Germany to pay the costs.            Grounds of appeal and main arguments
                                                                         —     Incorrect definition of the recipients of the Council
Pleas in law and main arguments                                                decision contested at first instance: the Court of First
                                                                               Instance wrongly held that the decision at issue was not
                                                                               of direct and individual concern to the appellants.
The pleas in law and main arguments are the same as in Case
C-435/01 (2); the prescribed period for the drawing up and               —     Infringement of the right to a fair hearing.
notification of the plan expired on 16 September 1999. Even
if the Federal Republic of Germany has only a relatively small           —     Infringement of the provisions of the Rules of Procedure
amount of equipment containing PCBs and small amounts of                       concerning costs.