CELEX: C2002/118/12
Language: en
Date: 2002-05-18 00:00:00
Title: Judgment of the Court 12 March 2002 in Joined Cases C-27/00 and C-122/00 (Reference for a preliminary ruling from the — High Court of Justice (England & Wales), Queen's Bench Division (Crown Office) (C-27/00), and — High Court (C-122/00)): The Queen v Secretary of State for the Environment, Transport and the Regions, ex parte Omega Air Ltd (C-27/00) (Regulation (EC) No 925/1999 — Noise emissions of aeroplanes — Prohibition of re-engined aeroplanes with engines with a by-pass ratio of less than 3 — Validity)

18.5.2002                EN                       Official Journal of the European Communities                                            C 118/9
1.    Dismisses the submissions of the United Kingdom of Great               and Wales (Queen’s Bench Division, Crown Office) (Case
      Britain and Northern Ireland as intervener;                            C-27/00) and the High Court (Ireland) (Case C-122/00) for
                                                                             preliminary rulings in the proceedings pending before those
                                                                             courts between The Queen and Secretary of State for the
2.    Declares that, by failing to obtain its adherence before 1 January     Environment, Transport and the Regions, ex parte Omega Air
      1995 to the Berne Convention for the Protection of Literary            Ltd (C-27/00), on the validity of Article 2(2) of Council
      and Artistic Works (Paris Act of 24 July 1971), Ireland has            Regulation (EC) No 925/1999 of 29 April 1999 on the
      failed to fulfil its obligations under Article 228(7) of the           registration and operation within the Community of certain
      EC Treaty (now, after amendment, Article 300(7) EC) in                 types of civil subsonic jet aeroplanes which have been modified
      conjunction with Article 5 of Protocol 28 to the Agreement on          and recertificated as meeting the standards of volume I, Part II,
      the European Economic Area of 2 May 1992;                              Chapter 3 of Annex 16 to the Convention on International
                                                                             Civil Aviation, third edition (July 1993) (OJ 1999 L 115, p. 1,
                                                                             and L 120, p. 47), the Court (), composed of: G.C. Rodrı́guez
3.    Orders Ireland to pay the costs;                                       Iglesias, President, P. Jann, F. Macken, N. Colneric and S. von
                                                                             Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,
                                                                             J.-P. Puissochet, M. Wathelet (Rapporteur), J.N. Cunha Rodri-
4.    Orders the United Kingdom of Great Britain and Northern                gues and C.W.A. Timmermans, Judges; S. Alber, Advocate
      Ireland to bear its own costs.                                         General; H.A. Rühl, Principal Administrator, for the Registrar,
                                                                             has given a judgment on 12 March 2002, in which it has
                                                                             ruled:
(1) OJ C 63 of 4.3.2000.
                                                                             Consideration of the questions submitted has disclosed no factor such
                                                                             as to affect the validity of Article 2(2) of Council Regulation (EC)
                                                                             No 925/1999 of 29 April 1999 on the registration and operation
                                                                             within the Community of certain types of civil subsonic jet aeroplanes
                 JUDGMENT OF THE COURT                                       which have been modified and recertificated as meeting the standards
                                                                             of volume I, Part II, Chapter 3 of Annex 16 to the Convention on
                                                                             International Civil Aviation, third edition (July 1993).
                            12 March 2002
in Joined Cases C-27/00 and C-122/00 (Reference for a
preliminary ruling from the — High Court of Justice
(England & Wales), Queen’s Bench Division (Crown
Office) (C-27/00), and — High Court (C-122/00)): The
Queen v Secretary of State for the Environment, Trans-
port and the Regions, ex parte Omega Air Ltd (C-27/00) (1)
                                                                             (1) OJ C 102 of 8.4.2000.
(Regulation (EC) No 925/1999 — Noise emissions of
aeroplanes — Prohibition of re-engined aeroplanes with
    engines with a by-pass ratio of less than 3 — Validity)
                           (2002/C 118/12)
                   (Language of the case: English)
In Joined Cases C-27/00 and C-122/00: Reference to the Court
under Article 234 EC by the High Court of Justice of England