CELEX: C2003/184/30
Language: en
Date: 2003-08-02 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 5 June 2003 in Case C-83/02: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Waste management — Articles 4(1) and 11 of Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT))

C 184/16                 EN                           Official Journal of the European Union                                                 2.8.2003
by failing to implement correctly:                                            Republic (Agent: E. Skandalou): Application for a declaration
                                                                              that, by failing to draw up or, in any event, to communicate to
—     Article 1, Article 6(1) to (4) and Article 12(1)(d) of                  the Commission within the prescribed period (by 16 September
      Directive 92/43, and                                                    1999) the plans, outlines and summaries required under
—     Article 2, Article 4(1) and (4) and Article 6 of Directive              Articles 4(1) and 11 of Council Directive 96/59/EC of
      79/409,                                                                 16 September 1996 on the disposal of polychlorinated biphe-
                                                                              nyls and polychlorinated terphenyls (PCB/PCT), the Hellenic
the Portuguese Republic has failed to fulfil its obligations under            Republic has failed to fulfil its obligations under that directive
Article 23 of Directive 92/43 and Article 18 of Directive 79/                 and the EC Treaty, the Court (Fourth Chamber), composed of:
409, the Court, composed of: G.C. Rodríguez Iglesias, Presi-                  C.W.A. Timmermans, President of the Chamber, A. La Pergola
dent, J.-P. Puissochet, M. Wathelet, R. Schintgen and C.W.                    (Rapporteur) and S. von Bahr, Judges; L.A. Geelhoed, Advocate
A. Timmermans (Presidents of Chambers), C. Gulmann                            General; R. Grass, Registrar, has given a judgment on 5 June
(Rapporteur), D.A.O. Edward, A. La Pergola, P. Jann,                          2003, in which it:
V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha
Rodrigues and A. Rosas, Judges; S. Alber, Advocate General;
R. Grass, Registrar, has given a judgment on 24 June 2003, in                 1.    Declares that, by failing to draw up, within the prescribed
which it:                                                                           period, summaries of inventories of equipment with PCB
                                                                                    volumes of more than 5 dm3, plans for the decontamination
1.    Declares that by failing to implement in national law:                        and/or disposal of inventoried equipment and the PCBs
                                                                                    contained therein, and outlines for the collection and subsequent
      Article 3(3), Article 10, Article 11 and Article 12(4) of                     disposal of equipment which is not subject to inventory, in
      Council Directive 92/43/EEC of 21 May 1992 on the conser-                     accordance with Articles 4(1) and 11 of Council Directive 96/
      vation of natural habitats and of wild fauna and flora, and                   59/EC of 16 September 1996 on the disposal of polychlori-
                                                                                    nated biphenyls and polychlorinated terphenyls (PCB/PCT), the
      —     Article 7 and Article 8 of Council Directive 79/409/EEC                 Hellenic Republic has failed to fulfil its obligations under that
            of 2 April 1979 on the conservation of wild birds, and                  directive.
      —     by failing to implement correctly:
      Article 1, Article 6(1) to (4) and Article 12(1)(d) of Directive        2.    Orders the Hellenic Republic to pay the costs.
      92/43, and
      —     Article 2, Article 4(1) and (4) and Article 6 of Directive        (1) OJ C 118 of 18.05.2002.
            79/409,
      —     the Portuguese Republic has failed to fulfil its obligations
            under the EC Treaty;
2.    Dismisses the remainder of the application;
3.    Orders the Portuguese Republic to pay the costs.
                                                                                                JUDGMENT OF THE COURT
(1) OJ C 97 of 20.4.2002.
                                                                                                         (Fifth Chamber)
                                                                                                         of 19 June 2003
                   JUDGMENT OF THE COURT
                           (Fourth Chamber)                                   in Case C-161/02: Commission of the European Commu-
                                                                                                  nities v French Republic (1)
                             of 5 June 2003
in Case C-83/02: Commission of the European Commu-                            (Failure of a Member State to fulfil obligations — Directive
                    nities v Hellenic Republic (1)                            1999/94/EC — Failure to communicate implementing
                                                                                                             measures)
(Failure of a Member State to fulfil obligations — Waste
management — Articles 4(1) and 11 of Directive 96/59/EC                                                  (2003/C 184/31)
on the disposal of polychlorinated biphenyls and polychlori-
                    nated terphenyls (PCB/PCT))
                                                                                                   (Language of the case: French)
                            (2003/C 184/30)
                      (Language of the case: Greek)                           (Provisional translation; the definitive translation will be published in
                                                                                                    the European Court Reports)
(Provisional translation; the definitive translation will be published in
                       the European Court Reports)
                                                                              In Case C-161/02, Commission of the European Communities
In Case C-83/02, Commission of the European Communities                       (Agents: G. Valero Jordana and J. Adda) v French Republic
(Agents: H. Støvlbæk and M. Konstantinidis) v Hellenic                        (Agents: G. de Bergues and E. Puisais): Application for a