CELEX: C2003/289/17
Language: en
Date: 2003-11-29 00:00:00
Title: Judgment of the Court (Third Chamber) of 16 October 2003 in Case C-423/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil its obligations — Environment — Landfill of waste — Directive 1999/31/EC)

29.11.2003              EN                          Official Journal of the European Union                                                  C 289/9
1.    Declares that by transposing only part of Article 1 of Directive      1.    Declares that, by failing to adopt the laws, regulations and
      98/81/EC of 26 October 1998 amending Directive 90/219/                      administrative provisions necessary to comply with Directive
      EEC on the contained use of genetically modified micro-                     1999/42/EC of the European Parliament and of the Council
      organisms and Annexes IV and V to Council Directive 90/                     of 7 June 1999 establishing a mechanism for the recognition
      219/EEC of 23 April 1990 on the contained use of genetically                of qualifications in respect of the professional activities covered
      modified micro-organisms in the version in Directive 98/81,                 by the Directives on liberalisation and transitional measures
      the Grand Duchy of Luxembourg has failed to fulfil its                      and supplementing the general systems for the recognition of
      obligations under Article 2 of Directive 98/81;                             qualifications, Ireland has failed to fulfil its obligations under
                                                                                  that directive;
2.    Orders the Grand Duchy of Luxembourg to pay the costs.
                                                                            2.    Orders Ireland to pay the costs.
(1) OJ C 261 of 26.10.2002.
                                                                            (1) OJ C 7 of 11.1.2003.
                  JUDGMENT OF THE COURT
                                                                                              JUDGMENT OF THE COURT
                        (Second Chamber)
                                                                                                      (Third Chamber)
                       of 16 October 2003
                                                                                                    of 16 October 2003
in Case C-388/02: Commission of the European Communi-
                          ties v Ireland (1)                                in Case C-423/02: Commission of the European Communi-
                                                                            ties v United Kingdom of Great Britain and Northern
                                                                                                          Ireland (1)
(Failure of a Member State to fulfil its obligations — Failure
               to transpose Directive 1999/42/EC)
                                                                            (Failure of a Member State to fulfil its obligations —
                                                                            Environment — Landfill of waste — Directive 1999/31/EC)
                         (2003/C 289/16)
                                                                                                       (2003/C 289/17)
                    (Language of the case: English)
                                                                                                (Language of the case: English)
In Case C-388/02, Commission of the European Communities
(Agents: M. Patakia and K. Banks) v Ireland (Agent: D. O’Hagan,
assisted by A. Colins): Application for a declaration that, by              In Case C-423/02, Commission of the European Communities
failing to adopt the laws, regulations and administrative                   (Agents: X. Lewis and M. Konstantinidis) v United Kingdom of
provisions necessary to comply with Directive 1999/42/EC of                 Great Britain and Northern Ireland (Agent: P. Ormond):
the European Parliament and of the Council of 7 June 1999                   Application for a declaration that, by failing to adopt all the
establishing a mechanism for the recognition of qualifications              laws, regulations or administrative provisions necessary to
in respect of the professional activities covered by the Direc-             comply with Council Directive 1999/31/EC of 26 April 1999
tives on liberalisation and transitional measures and sup-                  on the landfill of waste (OJ 1999 L 182, p. 1) or, in any event,
plementing the general systems for the recognition of qualifi-              by failing to notify such provisions to the Commission, the
cations (OJ 1999 L 201, p. 77), or in any event by failing to               United Kingdom of Great Britain and Northern Ireland has
notify those provisions to the Commission, Ireland has failed               failed to fulfil fully its obligations under Article 18 of
to fulfil its obligations under that directive, the Court (Second           that directive, the Court (Third Chamber), composed of: J.-
Chamber), composed of: R. Schintgen, President of the                       P. Puissochet, President of the Chamber, F. Macken (Rapporte-
Chamber, V. Skouris and N. Colneric (Rapporteur), Judges;                   ur) and J.N. Cunha Rodrigues, Judges; J. Mischo, Advocate
A. Tizzano, Advocate General; R. Grass, Registrar, has given a              General; R. Grass, Registrar, has given a judgment on 16 Octo-
judgment on 16 October 2003, in which it:                                   ber 2003, in which it:
 ---pagebreak--- C 289/10                EN                           Official Journal of the European Union                                            29.11.2003
1.   Declares that, by failing to adopt all the laws, regulations and        2.   Orders the Kingdom of Belgium to pay the costs.
     administrative provisions necessary to comply with Council
     Directive 1999/31/EC of 26 April 1999 on the landfill of
     waste, the United Kingdom of Great Britain and Northern                 (1) OJ C 19 of 25.1.2003.
     Ireland has failed to fulfil its obligations under Article 18 of
     the Directive;
2.   Orders the United Kingdom of Great Britain and Northern
     Ireland to pay the costs.
(1) OJ C 19 of 25.1.2003.                                                                     JUDGMENT OF THE COURT
                                                                                                       (Third Chamber)
                                                                                                     of 16 October 2003
                 JUDGMENT OF THE COURT                                       in Case C-29/03: Commission of the European Communi-
                                                                             ties v Instituto Tecnológico para a Europa Comunitária
                         (Sixth Chamber)                                                                   (ITEC) (1)
                       of 16 October 2003                                    (Arbitration clause — Non-performance of contract —
                                                                                 Recovery of moneys advanced — Procedure in default)
in Case C-433/02: Commission of the European Communi-
                 ties v Kingdom of Belgium (1)                                                          (2003/C 289/19)
(Failure by a Member State to fulfil its obligations —                                         (Language of the case: Portuguese)
Directive 92/100/EEC — Copyright — Remuneration of
authors in the event of public lending of their literary or
                                                                             (Provisional translation; the definitive translation will be published
                           artistic works)
                                                                                                 in the European Court Reports)
                         (2003/C 289/18)
                    (Language of the case: French)                           In Case C-29/03, Commission of the European Communities
                                                                             (Agents: G. Braga da Cruz and C. Giolito) v Instituto Tecnoló-
                                                                             gico para a Europa Comunitária (ITEC), a private establishment
(Provisional translation; the definitive translation will be published       established in Lisbon (Portugal): Application by the Com-
                   in the European Court Reports)                            mission under Article 238 EC to recover EUR 62 236,65
                                                                             advanced by it to the defendant in relation to performance of
                                                                             Contract No IN10278I 20364/0, together with default interest,
In Case C-433/02, Commission of the European Communities                     the Court (Third Chamber), composed of: J.-P. Puissochet,
(Agent: K. Banks) v Kingdom of Belgium (Agent: A. Snoecx):                   President of the Chamber, F. Macken and J.N. Cunha Rodrigues
Application for a declaration that, by failing to apply the                  (Rapporteur), Judges; S. Alber, Advocate General; R. Grass,
provisions on the public lending right provided for in Council               Registrar, has given a judgment on 16 October 2003, in which
Directive 92/100/EEC of 19 November 1992 on rental right                     it:
and lending right and on certain rights related to copyright in
the field of intellectual property (OJ 1992 L 346, p. 61), the               1.   Orders Instituto Tecnológico para a Europa Comunitária (ITEC)
Kingdom of Belgium has failed to fulfil its obligations under                     to repay to the Commission of the European Communities the
Articles 1 and 5 of that directive, the Court (Sixth Chamber),                    sum of EUR 62 236,65, together with default interest at the
composed of: J.-P. Puissochet, President of the Chamber,                          rate prescribed by Portuguese law, calculated in accordance with
R. Schintgen, C. Gulmann (Rapporteur), V. Skouris and                             the provisions of Portaria No 263/99 of 12 April 1999 until
J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;                         30 April 2003 and Portaria No 291/2003 of 8 April 2003
R. Grass, for the Registrar, has given a judgment on 16 October                   as from 1 May 2003, until the debt is paid in full;
2003, in which it:
                                                                             2.   Orders Instituto Tecnológico para a Europa Comunitária (ITEC)
1.   Declares that, by failing to apply the provisions on the public              to pay the costs.
     lending right provided for in Council Directive 92/100/EEC of
     19 November 1992 on rental right and lending right and on
     certain rights related to copyright in the field of intellectual        (1) OJ C 70 of 22.3.2003.
     property, the Kingdom of Belgium has failed to fulfil its
     obligations under Articles 1 and 5 of that directive;