CELEX: C2002/131/26
Language: en
Date: 2002-06-01 00:00:00
Title: Case C-146/02: Action brought on 17 April 2002 by the Commission of the European Communities against the Republic of Austria

C 131/14              EN                      Official Journal of the European Communities                                         1.6.2002
Action brought on 17 April 2002 by the Commission                                    accordance with Article 4(1) to undertakings
of the European Communities against the Republic of                                  licensed pursuant to Article 8 of the directive;
                             Austria
                                                                               —     failing correctly and/or fully to transpose into Austri-
                        (Case C-146/02)                                              an law the provisions of Article 6(3) concerning
                                                                                     the removal and separate collection of equipment
                                                                                     containing PCBs which is not subject to inventory
                        (2002/C 131/26)                                              in accordance with Article 4(1) of the directive;
                                                                               —     failing to communicate to the Commission, within
An action against the Republic of Austria was brought before                         the prescribed time-limit, a plan corresponding to
the Court of Justice of the European Communities on 17 April                         the requirements of the first indent of Article 11(1)
2002 by the Commission of the European Communities,                                  of the directive for the decontamination and/or
represented by Götz zur Hausen, Legal Adviser, with an                               disposal of inventoried equipment and the PCBs
address for service in Luxembourg at the office of Luis Escobar                      contained therein;
Guerrero, of the Commission’s legal Service, Wagner Centre
                                                                               —     failing to communicate to the Commission, within
C 254, Kirchberg.
                                                                                     the prescribed time-limit, the outlines provided for
                                                                                     in the second indent of Article 11(1) of the directive;
The applicant claims that the Court should:
                                                                         (2) order the Republic of Austria to pay the costs.
(1) declare that the Republic of Austria has failed to fulfil its
     obligations under Articles 4(1), 5(1), 6(1) and (3) and
     11(1) and (2) of Council Directive 96/59/EC of 16 Sep-              Pleas in law and main arguments
     tember 1996 on the disposal of polychlorinated biphe-
     nyls and polychlorinated terphenyls (PCB/PCT) (1), by               The Republic of Austria was required to communicate by
                                                                         16 September 1999 the various plans, outlines and summaries
     —    failing to send to the Commission within the                   of inventories provided for in Articles 11 and 4(1) of the
          prescribed time-limit a summary of its inventory in            directive referred to in the Commission’s application; it has
          accordance with the requirements of Article 4(1);              not done so.
     —    failing correctly and/or fully to transpose the prohib-
          ition contained in Article 5(1) precluding the separ-          In addition, the legislation communicated by the Republic of
          ation of PCBs from other substances for the purpose            Austria contains none of the express provisions corresponding
          of re-using the PCBs;                                          to the obligations imposed by Article 5(1) (prohibition of
                                                                         separation of PCBs) and Article 6(1) (obligation to transfer to
     —    failing correctly and/or fully to transpose into Austri-       licensed undertakings) and (3) (collection of equipment not
          an law the provisions of Article 6(1) concerning the           subject to inventory) of the directive.
          obligation to transfer used PCBs and equipment
          containing PCBs which is subject to inventory in               (1) OJ L 243, 1996, p. 31.