CELEX: C2002/289/05
Language: en
Date: 2002-11-23 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 3 October 2002 in Case C-47/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Articles 4(1) and 11 of Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT))

23.11.2002              EN                     Official Journal of the European Communities                                            C 289/3
court between Ángel Barreira Pérez and Instituto Nacional                                  JUDGMENT OF THE COURT
de la Seguridad Social (INSS), Tesorería General de la
Seguridad Social (TGSS), on the interpretation of Article 1(r)
                                                                                                  (Fourth Chamber)
and (s) and Article 46(2) of Council Regulation (EEC)
No 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons, to self-employed                                            of 3 October 2002
persons and to members of their families moving within the
Community, as amended and updated by Council Regulation
(EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1),                   in Case C-47/01: Commission of the European Communi-
the Court (First Chamber), composed of: P. Jann, President                                   ties v Kingdom of Spain (1)
of the Chamber, M. Wathelet (Rapporteur) and A. Rosas,
Judges; P. Léger, Advocate General; H.A. Rühl, Principal                  (Failure by a Member State to fulfil its obligations —
Administrator, for the Registrar, has given a judgment on                 Articles 4(1) and 11 of Directive 96/59/EC on the disposal
3 October 2002, in which it has ruled:                                    of polychlorinated biphenyls and polychlorinated terphenyls
                                                                                                      (PCB/PCT))
                                                                                                    (2002/C 289/05)
1.    The proper construction of Article 1(r) of Council Regulation                          (Language of the case: Spanish)
      (EEC) No 1408/71 of 14 June 1971 on the application of
      social security schemes to employed persons, to self-employed       (Provisional translation; the definitive translation will be published
      persons and to members of their families moving within the                             in the European Court Reports)
      Community, as amended and updated by Council Regulation
      (EC) No 118/97 of 2 December 1996, is that additional
      periods such as those provided for by Spanish legislation,
      attributed when pension rights are awarded in order to take
                                                                          In Case C-47/01, Commission of the European Communities
      account of rights which were in the course of being acquired
                                                                          (Agent: G. Valero Jordana) v Kingdom of Spain (Agent: S. Ortiz
      under previous old-age insurance schemes which have now             Vaamonde): Application for a declaration that, by failing to
      been discontinued, are to be regarded as periods of insurance       draw up, or in any event to communicate to the Commission,
      within the meaning of that regulation.                              the plan, outline and summary of the inventory provided for
                                                                          in Articles 4(1) and 11 of Council Directive 96/59/EC of
                                                                          16 September 1996 on the disposal of polychlorinated
                                                                          biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ 1996
                                                                          L 243, p. 31), the Kingdom of Spain has failed to fulfil its
2.    The proper construction of Article 46(2)(b) of Regulation           obligations under those provisions of the directive, the Court
      No 1408/71, as amended and updated by Regulation                    (Fourth Chamber), composed of: S. von Bahr, President of the
                                                                          Chamber, D.A.O. Edward and A. La Pergola (Rapporteur),
      No 118/97, is that additional periods such as those provided
                                                                          Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has
      for by Spanish legislation, attributed when pension rights are
                                                                          given a judgment on 3 October 2002, in which it:
      awarded in order to take account of rights which were in the
      course of being acquired under previous old-age insurance
      schemes which have now been discontinued, are to be taken           1.    Declares that, by failing to draw up, within the prescribed
      into account in the calculation of the actual amount of the               period, a summary of the inventories of equipment with PCB
      pension.                                                                  volumes of more than 5 dm3, a plan for the decontamination
                                                                                and/or disposal of the inventoried equipment and the PCBs
                                                                                contained therein, and an outline for the collection and
                                                                                subsequent disposal of equipment which is not subject to
                                                                                inventory in accordance with Articles 4(1) and 11 of Council
                                                                                Directive 96/59/EC of 16 September 1996 on the disposal of
                                                                                polychlorinated biphenyls and polychlorinated terphenyls (PCB/
                                                                                PCT), the Kingdom of Spain has failed to fulfil its obligations
( 1) OJ C 355 of 9.12.2000.
                                                                                under those provisions of that directive;
                                                                          2.    Orders the Kingdom of Spain to pay the costs.
                                                                          (1 ) OJ C 118 of 21.4.2001.