CELEX: C2007/183/41
Language: en
Date: 2007-08-04 00:00:00
Title: Case C-266/07: Action brought on 5 June 2007 — Commission of the European Communities v Portuguese Republic

4.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 183/24
            
         Action brought on 5 June 2007 — Commission of the European Communities v Portuguese Republic
   (Case C-266/07)
   (2007/C 183/41)
   Language of the case: Portuguese
   Parties
   
      Applicant: Commission of the European Communities (represented by: A. Caeiros and J.-B. Laignelot, acting as Agents)
   
      Defendant: Portuguese Republic
   Form of order sought
   
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               declare that, by permitting the incineration of hospital waste in incineration plants which do not have a valid permit, the Portuguese Republic has failed to fulfil its obligations under Article 4 of Directive 2000/76/EC (1) of 4 December 2000 on the incineration of waste or, in the alternative, Article 9 of Directive 2006/12/EC (2) of 5 April 2006 on waste;
            
         
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               order the Portuguese Republic to pay the costs.
            
         Pleas in law and main arguments
   According to the interpretation of Article 3 of Directive 2000/76/EC read in conjunction with Article 20(2) of that directive, the incinerator in question is a new incinerator for the purposes of the application of Directive 2000/76/EC, with the result that the directive is applicable to the incinerator in the Parque da Saúde in Lisbon. The incinerator could start to function only after a permit was obtained by meeting the conditions laid down in Article 4 of that directive. The Portuguese authorities have not respected that requirement.
   In any case, even if it is to be considered, quod non, that the incinerator in question should be classed as an ‘existing incinerator’ for the purposes of Directive 2000/76/EC and that, consequently, that directive was not applicable to it, its functioning was subject to obtaining a permit in advance in accordance with Article 9(1) of Directive 2006/12/EC.
   
      (1)  OJ 2000 L 332, p. 91.
   
      (2)  OJ 2006 L 114, p. 9.