CELEX: C1998/234/22
Language: en
Date: 1998-07-25 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 28 May 1998 in Case C-298/97: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations - Directive 91/157/EEC - Failure by a Member State to adopt programmes provided for in Article 6 of the directive)

C 234/12                EN                 Official Journal of the European Communities                                    25.7.98
                 JUDGMENT OF THE COURT                                Appeal brought on 17 April 1998 by SocieÂteÂ GueÂrin
                                                                      Automobiles EURL against the order delivered on
                         (Fifth Chamber)                              13 February 1998 by the Second Chamber of the Court of
                                                                      First Instance of the European Communities in Case
                         of 28 May 1998                               T-275/97 between SocieÂteÂ GueÂrin Automobiles EURL and
                                                                             the Commission of the European Communities
in    Case    C-298/97: Commission of the European
              Communities v Kingdom of Spain (1)                                           (Case C-153/98 P)
                                                                                             (98/C 234/23)
(Failure of a Member State to fulfil its obligations Ð
Directive 91/157/EEC Ð Failure by a Member State to
adopt programmes provided for in Article 6 of the
                             directive)                               An appeal against the order delivered on 13 February
                                                                      1998 by the Second Chamber of the Court of First
                           (98/C 234/22)                              Instance of the European Communities in Case T-275/97
                                                                      between SocieÂteÂ GueÂrin Automobiles EURL and the
                                                                      Commission of the European Communities was brought
                                                                      before the Court of Justice of the European Communities
                                                                      on 17 April 1998 by SocieÂteÂ GueÂrin Automobiles EURL,
                 (Language of the case: Spanish)
                                                                      represented by Jean-Claude Fourgoux, of the Paris and
                                                                      Brussels Bars, with an address for service in Luxembourg
                                                                      at the Chambers of Pierrot Schiltz, 4 Rue BeÂatrix de
                                                                      Bourbon.
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                    The appellant claims that the Court should:
                                                                      Ð set aside the order of the Court of First Instance of the
                                                                          European Communities of 13 February 1998;
In Case C-198/97: Commission of the European
Communities (represented by Fernando Castillo de la
Torre) v Kingdom of Spain (represented by Paloma Plaza                Ð order the Commission to pay the costs.
García), for an application for a declaration that, by
failing to adopt or communicate to the Commission
within the prescribed period the programmes provided for              Pleas in law and main arguments adduced in support:
in Article 6 of Council Directive 91/157/EEC of 18 March
1991 on batteries and accumulators containing certain
dangerous substances (OJ L 78 of 26.3.1991, p. 38), the               Breach of general principles of Community law, in
Kingdom of Spain has failed to fulfil its obligations under           particular the right to an effective judicial remedy,
that article, the Court (Fifth Chamber), composed of:                 legitimate expectations, legal certainty and respect for the
C. Gulmann (Rapporteur), President of the Chamber,                    rights of the defence; failure to observe the provisions of
M. Wathelet, J. C. Moitinho de Almeida, P. Jann and                   the Convention for the Protection of Human Rights and
L. Sevón, Judges; G. Cosmas, Advocate General; R. Grass,              Fundamental Freedoms (Article F.2 of the Maastricht
Registrar, has given a judgment on 28 May 1998, in                    Treaty): since the decision to take no further action on the
which it:                                                             complaint did not mention the court before which an
                                                                      action could be brought, or the time-limit for doing so, it
                                                                      did not fulfil the obligation to respect the fundamental
                                                                      principles of Community law.
1. Declares that, by not adopting within the prescribed
     period the programmes referred to in Article 6 of
     Council Directive 91/157/EEC of 18 March 1991 on
     batteries and accumulators containing certain
     dangerous substances, the Kingdom of Spain has failed
     to fulfil its obligations under that article;
                                                                      Action brought on 24 April 1998 by the Federal Republic
                                                                      of Germany against the Commission of the European
                                                                                              Communities
                                                                                            (Case C-156/98)
2. Orders the Kingdom of Spain to pay the costs.
                                                                                             (98/C 234/24)
(1) OJ C 318 of 18.10.1997.
                                                                      An action against the Commission of the European
                                                                      Communities was brought before the Court of Justice of
                                                                      the European Communities on 24 April 1998 by the
                                                                      Federal Republic of Germany, represented by Claus-Dieter