CELEX: C2004/071/06
Language: en
Date: 2004-03-20 00:00:00
Title: Judgment of the Court (Second Chamber) of 29 January 2004 in Case C-209/02: Commission of the European Communities v Republic of Austria (Directive 92/43/EEC — Failure of a Member State to fulfil obligations — Conservation of natural habitats — Wild fauna and flora — Habitat of the corncrake — "Wörschacher Moos" special protection area)

C 71/4                   EN                          Official Journal of the European Union                                               20.3.2004
                  JUDGMENT OF THE COURT                                            Articles 7(h) of Directive 93/89 and 7(9) of Directive 1999/
                                                                                   62 may not, be relied upon by individuals against State
                                                                                   authorities so far as concerns the calculating of tolls for vehicles
                           (Sixth Chamber)                                         having a laden weight of at least 12 tonnes used for the carriage
                                                                                   of goods for the full itinerary of the Austrian Brenner motorway
                         of 5 February 2004                                        when the Directives have not been transposed, or have been
                                                                                   imperfectly transposed, into domestic law.
in Case C-157/02 (Reference for a preliminary ruling                         3.    Austrian hauliers, like the hauliers of the other Member States,
from the Oberster Gerichtshof ): Rieser Internationale                             may rely on Articles 7(b) of Directive 93/89 and 7(4) of
Transporte GmbH v Autobahnen- und Schnellstraßen-                                  Directive 1999/62 in order to claim that because of the
                 Finanzierungs-AG (Asfinag) (1)                                    (excessive) rate for the full itinerary on the Austrian Brenner
                                                                                   motorway they suffer discrimination in comparison with road
                                                                                   users using parts only of the itinerary on that motorway.
(Carriage of goods by road — Tolls — Brenner motorway —
Prohibition of discrimination — Discrimination on grounds                    4.    The judgment in Case C-21/94 Parliament v Council must be
of the nationality of the haulier or of the origin or destination                  interpreted as preserving the effects of Directive 93/89 until
                             of the vehicle)                                       20 July 1999, the date on which Directive 1999/62 entered
                                                                                   into force.
                            (2004/C 71/05)                                   5.    During the period from 20 July 1999 to 1 July 2000, the
                                                                                   Member States were required to refrain from taking any
                                                                                   measures liable gravely to jeopardise the attainment of the result
                    (Language of the case: German)
                                                                                   prescribed by Directive 1999/62 but individuals could not rely
                                                                                   on that Directive against the Member States before national
(Provisional translation; the definitive translation will be published             courts in order to have a pre-existing national rule incompatible
                    in the European Court Reports)                                 with the Directive disapplied.
                                                                             (1) OJ C 169 of 13.7.2002.
In Case C-157/02: Reference to the Court under Article 234
EC by the Oberster Gerichtshof (Austria) for a preliminary
ruling in the proceedings pending before that court between
Rieser Internationale Transporte GmbH and Autobahnen- und
Schnellstraßen-Finanzierungs-AG (Asfinag), on the interpret-
ation of Council Directive 93/89/EEC of 25 October 1993 on                                     JUDGMENT OF THE COURT
the application by Member States of taxes on certain vehicles
used for the carriage of goods by road and tolls and charges                                          (Second Chamber)
for the use of certain infrastructures (OJ 1993 L 279, p. 32)
and Directive 1999/62/EC of the European Parliament and of                                            of 29 January 2004
the Council of 17 June 1999 on the charging of heavy goods
vehicles for the use of certain infrastructures (OJ 1999 L 187,              in Case C-209/02: Commission of the European Communi-
p. 42), the Court (Sixth Chamber), composed of: V. Skouris,                                     ties v Republic of Austria (1)
acting for the President of the Sixth Chamber, J.N. Cunha
Rodrigues (Rapporteur), J.-P. Puissochet, R. Schintgen and
F. Macken, Judges; S. Alber, Advocate General; M.-F. Contet,                 (Directive 92/43/EEC — Failure of a Member State to fulfil
Principal Administrator, for the Registrar, has given a judgment             obligations — Conservation of natural habitats — Wild
on 5 February 2004, in which it has ruled:                                   fauna and flora — Habitat of the corncrake — ‘Wörschacher
                                                                                                Moos’ special protection area)
1.    When contracts are concluded with road users, the provisions of                                    (2004/C 71/06)
      a directive capable of having direct effect may be relied upon
      against a legal person governed by private law where the State
                                                                                                 (Language of the case: German)
      has entrusted to that legal person the task of levying tolls for
      the use of public road networks and where it has direct or
      indirect control of that legal person.                                 (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
2.    Articles 7(b) of Council Directive 93/89/EEC of 25 October
      1993 on the application by Member States of taxes on certain
      vehicles used for the carriage of goods by road and tolls and          In Case C-209/02, Commission of the European Communities
      charges for the use of certain infrastructures and 7(4) of             (Agent: J.C. Schieferer), with an address for service in Luxem-
      Directive 1999/62/EC of the European Parliament and of the             bourg, v Republic of Austria (Agent: C. Pesendorfer), with an
      Council of 17 June 1999 on the charging of heavy goods                 address for service in Luxembourg: Application for a declar-
      vehicles for the use of certain infrastructures may, but               ation that, by authorising the proposed extension of the golf
 ---pagebreak--- 20.3.2004                  EN                           Official Journal of the European Union                                                  C 71/5
course in the district of Wörschach in the Province of Styria                   with an address for service in Luxembourg, v United Kingdom
despite a negative assessment of the implications for the                       of Great Britain and Northern Ireland (Agent: K. Manji):
habitat of the corncrake (crex crex) in the special protection                  Application for a declaration that, by failing to adopt the laws,
area, within the meaning of Article 4 of Council Directive 79/                  regulations and administrative provisions necessary to comply
409/EEC of 2 April 1979 on the conservation of wild birds                       with Council Directive 96/29/Euratom laying down basic
(OJ 1979 L 103, p. 1), situated in that district, the Republic of               safety standards for the protection of the health of workers
Austria has failed to fulfil its obligations under Article 6(3)                 and the general public against the dangers arising from
and (4), in conjunction with Article 7, of Council Directive 92/                ionizing radiation (OJ 1996 L 159, p. 1) in its whole territory,
43/EEC of 21 May 1992 on the conservation of natural                            or in any event by failing to communicate them to the
habitats and of wild fauna and flora (OJ 1992 L 206, p. 7), the                 Commission, the United Kingdom of Great Britain and North-
Court (Second Chamber), composed of: C.W.A. Timmermans,                         ern Ireland has failed to fulfil its obligations under that
President of the Chamber, C. Gulmann (Rapporteur),                              directive, the Court (Fourth Chamber), composed of:
J.N. Cunha Rodrigues, J.-P. Puissochet and N. Colneric, Judges;                 C.W.A. Timmermans (Rapporteur), acting for the President of
P. Léger, Advocate General; R. Grass, Registrar, has given a                    the Fourth Chamber, A. La Pergola and S. von Bahr, Judges;
judgment on 29 January 2004, in which it:                                       A. Tizzano, Advocate General; R. Grass, Registrar, has given a
                                                                                judgment on 29 January 2004, in which it:
1.     Declares that, by authorising the proposed extension of the golf
       course in the district of Wörschach in the Province of Styria            1.   Declares that, by failing to adopt, within the prescribed period,
       despite a negative assessment of its implications for the habitat             the laws, regulations and administrative provisions necessary to
       of the corncrake (crex crex) in the ‘Wörschacher Moos’ special                comply with Council Directive 96/29/Euratom laying down
       protection area situated in that district and classified as provided          basic safety standards for the protection of the health of workers
       for in Article 4 of Council Directive 79/409/EEC of 2 April                   and the general public against the dangers arising from ionizing
       1979 on the conservation of wild birds, the Republic of Austria               radiation in its whole territory, the United Kingdom of Great
       has failed to fulfil its obligations under Article 6(3) and (4), in           Britain and Northern Ireland has failed to fulfil its obligations
       conjunction with Article 7, of Council Directive 92/43/EEC of                 under that directive;
       21 May 1992 on the conservation of natural habitats and of
       wild fauna and flora;                                                    2.   Orders the United Kingdom of Great Britain and Northern
                                                                                     Ireland to pay the costs.
2.     Orders the Republic of Austria to pay the costs.
                                                                                (1) OJ C 180 of 27.7.2002.
(1 ) OJ C 169 of 13.7.2002.
                                                                                Reference for a preliminary ruling by the Magistrates’
                   JUDGMENT OF THE COURT                                        Court, Bitonto by order of that court of 21 November
                                                                                2003 in the case of Vincenzo Manfredi against Lloyd
                                                                                                     Adriatico Assicurazioni
                           (Fourth Chamber)
                                                                                                         (Case C-509/03)
                           of 29 January 2004
                                                                                                           (2004/C 71/08)
in Case C-218/02: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
                                 Ireland (1)
                                                                                Reference has been made to the Court of Justice of the
(Failure of a Member State to fulfil obligations — Directive                    European Communities by order of the Magistrates’ Court,
96/29/Euratom — Protection of the health of workers and                         Bitonto of 21 November 2003, received at the Court Registry
the general public against the dangers arising from ionizing                    on 4 December 2003, for a preliminary ruling in the case of
      radiation — Failure to transpose in whole territory)                      Vincenzo Manfredi against Lloyd Adriatico Assicurazioni. The
                                                                                Magistrates’ Court, Bitonto asks the Court to give a ruling on
                                                                                the following questions:
                              (2004/C 71/07)
                                                                                1.   Do the facts as found in Judgment No 2199 of the
                     (Language of the case: English)                                 Consiglio di Stato (Council of State) of 23 April 2002 and
                                                                                     in Judgment No 6139 of the Tribunale Amministrativo
                                                                                     Regionale (Regional Administrative Court), Lazio (Rome)
                                                                                     of 5 July 2001, which are deemed to be set out here in
In Case C-218/02, Commission of the European Communities                             full, constitute infringements of Community law, in
(Agents: initially T.F. Cusack, and, subsequently, X. Lewis),                        particular of Articles 81 EC and 82 EC?