CELEX: C2003/289/35
Language: en
Date: 2003-11-29 00:00:00
Title: Case C-449/03: Action brought on 24 October 2003 by French Republic against the Commission of the European Communities

C 289/18                EN                         Official Journal of the European Union                                       29.11.2003
Action brought on 24 October 2003 by French Republic                       Action brought on 27 October 2003 by the Commission
  against the Commission of the European Communities                       of the European Communities against the Grand Duchy
                                                                                                    of Luxembourg
                           (Case C-449/03)
                                                                                                   (Case C-450/03)
                          (2003/C 289/35)
                                                                                                   (2003/C 289/36)
An action against the Commission of the European Communi-                  An action against the Grand Duchy of Luxembourg was
ties was brought before the Court of Justice of the European               brought before the Court of Justice of the European Communi-
Communities on 24 October 2003 by the French Republic,                     ties on 27 October 2003 by the Commission of the European
represented by M. Konstantinidis and B. Stromsky, acting as                Communities, represented by K. Banks, acting as Agent, with
Agents, with an address for service in Luxembourg.                         an address for service in Luxembourg.
The applicant claims that the Court should:                                The Commission of the European Communities claims that
                                                                           the Court should:
1.    declare that, by failing to issue a permit for the operation
      of the waste tip situated within the limits of the munici-           1.    Declare that, by not adopting the laws, regulations
      pality of Saint-Laurent du Maroni, the French Republic                     and administrative provisions necessary to comply with
      has failed to fulfil its obligations under Article 9 of                    Directive 98/44/EC of the European Parliament and of
      Council Directive 75/442/EEC of 15 July 1975 on waste,                     the Council of 6 July 1998 on the legal protection of
      as amended by Directive 91/156/EEC (1);                                    biotechnological inventions (1) or, in any event, by not
                                                                                 communicating those provisions to the Commission, the
                                                                                 Grand Duchy of Luxembourg has failed to fulfil its
2.    declare that, by refraining from taking the necessary                      obligations under Article 15 of that directive;
      measures to ensure that the waste on the abovementioned
      tip is treated or disposed of without endangering human              2.    Order the Grand Duchy of Luxembourg to pay the costs.
      health and without using processes or methods which
      might harm the environment, the French Republic has
      failed to fulfil its obligations under Article 4 of Council
      Directive 75/442/EEC of 15 July 1975 on waste, as                    Pleas in law and main arguments
      amended by Directive 91/156/EEC;
3.    declare that, by refraining from taking the necessary                The time-limit fixed for the transposition of the directive
      measures to ensure that the operator of the abovemen-                expired on 30 July 2000.
      tioned tip itself treat or dispose of waste or have it
      handled by a private or public waste collector, the French
      Republic has failed to fulfil its obligations under Article 8        (1) OJ L 213 of 30.07.1998, p. 13.
      of Council Directive 75/442/EEC of 15 July 1975 on
      waste, as amended by Directive 91/156/EEC;
4.    order the French Republic to pay the costs.
                                                                           Action brought on 28 October 2003 by the Commission
Pleas in law and main arguments                                            of the European Communities against the Kingdom of
                                                                                                        Belgium
The existence of a wild tipping site operated by the munici-                                       (Case C-454/03)
pality of Saint-Laurent du Maroni has resulted in a deterioration
of the environment during an extended period. The French
Republic has not taken steps to close down the illegal tip or to                                   (2003/C 289/37)
rehabilitate it. It has not taken measures to ensure that waste
is deposited in an authorised tip.
                                                                           An action against the Kingdom of Belgium was brought
(1) OJ 1991 L 78, p. 32.                                                   before the Court of Justice of the European Communities on
                                                                           28 October 2003 by the Commission of the European
                                                                           Communities, represented by K. Banks, acting as Agent, with
                                                                           an address for service in Luxembourg.