CELEX: C2002/191/33
Language: en
Date: 2002-08-10 00:00:00
Title: Case C-217/02: Reference for a preliminary ruling by the Conseil d'État, Section d'Administration (Belgium) by judgment of that Court of 28 May 2002 in the case of Michel Tillieut, Association des habitants de Louvain-La-Neuve, Willy Gregoire and Association L'Épine Blanche against Région wallonne; intervener: Propreté, Assainissement, Gestion de l'Environnement SA ("PAGE")

C 191/20                EN                        Official Journal of the European Communities                                    10.8.2002
e)    In upholding the Commission in its use of the turnover                       (a)  only the right to be heard in proceedings before the
      method of assessing rent subsidy,                                                 competent authority for the recognition of another
                                                                                        breeding organisation (breeding association) but
                                                                                        not the right to have recognition of that other
f)    In concluding that non-contractual benefits said to be
                                                                                        organisation (association) refused where recognition
      provided by Bass plc can be off-set against the price
                                                                                        would endanger the preservation of the breed or
      differentials.
                                                                                        jeopardise the operation or the improvement or
                                                                                        selection programme of an existing organisation or
                                                                                        association, and
(1) OJ C 6, 8.1.2000, p. 29.
(2) Commission Regulation (EEC) No. 1984/83 of 22 June 1983 on
    the application of Article 85(3) of categories of exclusive purchas-           (b) no right to challenge the grant of recognition by the
    ing agreements (OJ L 173, 30.6.1983, p. 5).                                         authority in the courts (the Verwaltungsgerichtshof),
                                                                                        even where the existing organisation or association
                                                                                        made submissions opposing recognition?
                                                                             (1) OJ L 192, p. 63.
Reference for a preliminary ruling by the Verwaltungs-
gerichtshof by order of that Court of 23 May 2002 in the
action of the Österreichischer Zuchtverband für Ponys,
Kleinpferde und Spezialrassen; intervener: Österrei-
             chischer Shetlandponyzuchtverband
                          (Case C-216/02)                                    Reference for a preliminary ruling by the Conseil d’État,
                                                                             Section d’Administration (Belgium) by judgment of that
                                                                             Court of 28 May 2002 in the case of Michel Tillieut,
                          (2002/C 191/32)                                    Association des habitants de Louvain-La-Neuve, Willy
                                                                             Gregoire and Association L’Épine Blanche against Région
                                                                             wallonne; intervener: Propreté, Assainissement, Gestion
                                                                                            de l’Environnement SA (‘PAGE’)
Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgerichts-                                            (Case C-217/02)
hof (Administrative Court) of 23 May 2002, received at the
Court Registry on 12 June 2002, for a preliminary ruling in
the action of the Österreichischer Zuchtverband für Ponys,                                          (2002/C 191/33)
Kleinpferde und Spezialrassen; intervener: Österreichischer
Shetlandponyzuchtverband, on the following questions:
1.    Does Article 2(2), first indent, of Commission Decision
      92/353/EEC (1) of 11 June 1992 laying down the criteria                Reference has been made to the Court of Justice of the
      for the approval or recognition of organisations and                   European Communities by judgment of the Conseil d’État,
      associations which maintain or establish stud-books for                Section d’Administration (Belgium) (Council of State, Adminis-
      registered equidae (OJ 1992 L 192, p. 63) confer on                    trative Section) of 28 May 2002, received at the Court Registry
      existing breeding organisations (breeding associations) a              on 13 June 2002, for a preliminary ruling in the case of Michel
      right to have the competent authority refuse recognition               Tillieut, Association des habitants de Louvain-La-Neuve, Willy
      of another breeding organisation (another breeding                     Gregoire and Association L’Épine Blanche against Région
      association) if recognition of that other breeding organis-            wallonne; intervener: Propreté, Assainissement, Gestion de
      ation (breeding association) would endanger the preser-                l’Environnement SA (‘PAGE’) on the following questions:
      vation of the breed or jeopardise the operation or the
      improvement or selection programme of an existing
                                                                             1.    Does the obligation imposed on Member States by
      organisation or association?
                                                                                   Article 7 of Directive 75/442/EEC of 15 July 1975
                                                                                   on waste (1), as amended by Directive 91/156/EEC of
2.    Does Article 2(2), first indent, of the Commission                           18 March 1991 (2), to draw up one or more waste
      Decision referred to in the first question preclude the                      management plans relating in particular to ‘suitable
      application of a provision of national law which confers                     disposal sites or installations’ mean that the States to
      on an existing breeding organisation or breeding associ-                     which the Directive is addressed are required to mark on
      ation                                                                        a geographical map the precise locations of the planned
 ---pagebreak--- 10.8.2002             EN                     Official Journal of the European Communities                                       C 191/21
     waste disposal sites or to determine location criteria                   regulations and administrative provisions necessary to
     which are sufficiently precise to enable the competent                   comply fully with Directive 98/84/EC (1) of the European
     authority responsible for issuing a permit under Article 9               Parliament and of the Council of 20 November 1998 on
     of the Directive to ascertain whether the site or installation           the legal protection of services based on, or consisting of,
     is covered by the management prescribed by the plan?                     conditional access, the Hellenic Republic has failed to
                                                                              fulfil its obligations under the EC Treaty;
2.   Does Article 7 of Directive 75/442, as amended by
     Directive 91/156, whether or not read in conjunction               —     order the Hellenic Republic to pay the costs.
     with Article 9 of Directive 75/442 or with any other
     provision of the same directive, preclude a Member State
     which has not adopted within the period prescribed one
     or more waste management plans relating to ‘suitable               Pleas in law and main arguments
     disposal sites or installations’ from issuing individual
     permits to operate waste disposal installations such as
     landfills?
                                                                        In accordance with the third paragraph of Article 249 EC,
                                                                        directives are binding, as to the result to be achieved, upon
3.   Does Article 7(1) of Directive 75/442, as amended by               each Member State to which they are addressed.
     Directive 91/156, mean that the plan or plans relating in
     particular to ‘suitable disposal sites or installations’ must
     be drawn up not later than 1 April 1993, or does it mean           Under the first paragraph of Article 10 EC, Member States are
     that they must be drawn up within a reasonable period,             to take all appropriate measures, whether general or particular,
     which may exceed the period prescribed for transposing             to ensure fulfilment of the obligations arising out of the Treaty
     the Directive into national law?                                   or resulting from action taken by the institutions of the
                                                                        Community.
(1) OJ L 194 of 25.7.1975, p. 39.
(2) OJ L 78 of 28.3.1991, p. 32.                                        It is not disputed by the Hellenic Republic that it must adopt
                                                                        measures to comply with the abovementioned directive.
                                                                        The Commission records that until now the Hellenic Republic
                                                                        has not adopted the appropriate measures for the full incorpor-
                                                                        ation of the directive at issue into Greek law or, of course,
                                                                        notified such measures to the Commission.
                                                                        (1) OJ L 320, 28.11.1998, p. 54.
Action brought on 12 June 2002 by the Commission of
the European Communities against the Hellenic Republic
                        (Case C-219/02)
                        (2002/C 191/34)
                                                                        Reference for a preliminary ruling by the Juzgado de lo
                                                                        Social No 3 of Orense by order of that Court of 30 March
                                                                        2002 in the case of Rosa Garcı́a Blanco against Instituto
                                                                        Nacional de la Seguridad Social and Tesoreria General de
                                                                                                 la Seguridad Social
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 12 June
2002 by the Commission of the European Communities,                                                (Case C-225/02)
represented by Maria Patakia and Niels Bertil Rasmussen, of its
Legal Service.
                                                                                                   (2002/C 191/35)
The Commission claims that the Court should:
                                                                        Reference has been made to the Court of Justice of the
—    declare that, by failing to adopt and to notify to the             European Communities by order of the Juzgado de lo Social
     Commission, within the time-limit laid down, the laws,             (Social Court) No 3 of Orense of 30 March 2002, received at