CELEX: C2005/082/03
Language: en
Date: 2005-04-02 00:00:00
Title: Judgment of the Court (Second Chamber) of 27 January 2005 in Case C-15/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 75/439/EEC — Disposal of waste oils — Priority to processing by regeneration)

2.4.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/2
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 27 January 2005
   in Case C-15/03: Commission of the European Communities v Republic of Austria (1)
   
   (Failure of a Member State to fulfil obligations - Directive 75/439/EEC - Disposal of waste oils - Priority to processing by regeneration)
   (2005/C 82/03)
   Language of the case: German
   In Case C-15/03: action under Article 226 EC for failure to fulfil obligations, brought on 14 January 2003 – Commission of the European Communities (Agent: J. Grunwald and M. Konstantinidis) v Republic of Austria (Agent: E. Riedl, M. Hauer and E. Wolfslehner) supported by: Republic of Finland (Agent: T. Pynnä) and by United Kingdom of Great Britain and Northern Ireland (Agent: K. Manji and by M. Demetriou) – the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, R. Silva de Lapuerta (Rapporteur), C. Gulmann, G. Arestis and J. Klučka, Judges; A. Tizzano, Advocate General; K. Sztranc, Administrator, for the Registrar, gave a judgment on 27 January 2005, in which it:
   
               1.
            
            
               Declares that, by failing to adopt the measures necessary to give priority to the processing of waste oils by regeneration where the technical, economic and organisational constraints so allow, the Republic of Austria has failed to fulfil its obligations under Article 3(1) of Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December 1986;
            
         
               2.
            
            
               Orders the Republic of Austria to pay the costs;
            
         
               3.
            
            
               Orders the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.
            
         
      (1)  OJ C 55 of 08.03.2003.