CELEX: C2003/146/03
Language: en
Date: 2003-06-21 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 10 April 2003 in Case C-392/99: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Directive 75/439/EEC — Disposal of waste oils — Incomplete transposition)

C 146/2                  EN                          Official Journal of the European Union                                        21.6.2003
Chamber), composed of: R. Schintgen, President of the Second                 —    by failing to adopt provisions by which the competent
Chamber, acting for the President of the Sixth Chamber,                           authority, before granting a permit to undertakings which
C. Gulmann (Rapporteur), V. Skouris, F. Macken and                                regenerate waste oils or use them as fuel, may satisfy itself
J.N. Cunha Rodrigues, Judges; L.A. Geelhoed, Advocate Gen-                        that health is appropriately protected where waste oils
eral; L. Hewlett, Principal Administrator, for the Registrar, has                 are used as fuel and that the best available technology not
given a judgment on 8 May 2003, in which it:                                      entailing excessive cost is used where waste oils are
                                                                                  regenerated or used as fuel;
1.    Annuls Article 2(1) of Commission Decision 2000/536/EC
      of 2 June 1999 concerning State aid granted by Italy to Seleco
      SpA in so far as it provides that the Italian Republic is to take
      all the necessary measures to recover the aid referred to in
      Article 1 from Seleco Multimedia Srl with regard to the part
      not recoverable from Seleco SpA;                                       —    by failing to lay down that residues from the combustion
                                                                                  of waste oils are to be disposed of in accordance with
                                                                                  Article 9 of Council Directive 78/319/EEC of 20 March
2.    Dismisses the remainder of the application;
                                                                                  1978 on toxic and dangerous waste (OJ 1978 L 84,
                                                                                  p. 43), and, from 27 June 1995, in accordance with
3.    Orders, in Case C-328/99, the Italian Republic and the                      Article 9 of Council Directive 75/442/EEC of 15 July
      Commission of the European Communities to bear their own                    1975 on waste (OJ 1975 L 194, p. 39), as amended by
      costs;                                                                      Council Directive 91/156/EEC of 18 March 1991 (OJ
                                                                                  1991 L 78, p. 32), which, pursuant to Council Directive
4.    Orders, in Case C-399/00, the Commission of the European                    91/689/EEC of 12 December 1991 on hazardous waste
      Communities to pay the costs.                                               (OJ 1991 L 377, p. 20), as amended by Council Directive
                                                                                  94/31/EC of 27 June 1994 (OJ 1994 L 168, p. 28),
                                                                                  replaced Article 9 of Directive 78/319;
( 1) OJ C 352 of 4.12.1999.
                                                                             —    by not providing for periodical inspection of undertakings
                                                                                  which regenerate waste oils or use them as fuel, or
                                                                                  for examination of trends in the state of technical
                 JUDGMENT OF THE COURT                                            development and/or of the environment with a view to
                                                                                  revising, where necessary, permits granted to those
                                                                                  undertakings;
                          (Sixth Chamber)
                          of 10 April 2003
in Case C-392/99: Commission of the European Communi-
                                                                             —    by failing to convey to the Commission information
                 ties v Portuguese Republic ( 1)
                                                                                  concerning technical expertise and the experience gained
                                                                                  and results obtained through the application of measures
(Failure of a Member State to fulfil its obligations —                            taken pursuant to Council Directive 75/439/EEC of
Directive 75/439/EEC — Disposal of waste oils — Incom-                            16 June 1975 on the disposal of waste oils (OJ 1975
                         plete transposition)                                     L 194, p. 23), as amended by Council Directive 87/101/
                                                                                  EEC of 22 December 1986 (OJ 1987 L 42, p. 43),
                           (2003/C 146/03)
                  (Language of the case: Portuguese)
                                                                             the Portuguese Republic has failed to fulfil its obligations
(Provisional translation; the definitive translation will be published       under Articles 6(2), 8(2)(a), 13 and 17 of Directive 75/439, as
                    in the European Court Reports)                           amended by Directive 87/101, and the first paragraph of
                                                                             Article 5 and the third paragraph of Article 189 of the EC
                                                                             Treaty (now the first paragraph of Article 10 EC and the third
                                                                             paragraph of Article 249 EC), the Court (Sixth Chamber),
In Case C-392/99, Commission of the European Communities                     composed of: J.-P. Puissochet, President of the Chamber,
(Agents: L. Ström and M.A. Caeiros) v Portuguese Republic                    R. Schintgen, V. Skouris (Rapporteur), F. Macken and N. Col-
(Agents: L. Fernandes and M. Telles Romão): Application for a                neric, Judges; C. Stix-Hackl, Advocate General; R. Grass,
declaration that:                                                            Registrar, has given a judgment on 10 April 2003, in which it:
 ---pagebreak--- 21.6.2003                EN                           Official Journal of the European Union                                               C 146/3
1.    Declares that:                                                                            JUDGMENT OF THE COURT
                                                                                                        (Sixth Chamber)
      —     by failing to adopt, within the prescribed period, provisions
            requiring the competent authority, before granting a
            permit to undertakings which regenerate waste oils or use                                   of 10 April 2003
            them as fuel, to satisfy itself that health is appropriately
            protected where waste oils are used as fuel and that the          in Case C-142/00 P: Commission of the European Com-
            best available technology not entailing excessive cost is                       munities v Nederlandse Antillen ( 1)
            used where waste oils are regenerated or used as fuel;
                                                                              (Appeal — Arrangements for association of the overseas
                                                                              countries and territories — Imports of rice originating in the
      —     by failing to lay down, within the prescribed period, that
                                                                              overseas countries and territories — Safeguard measures —
            residues from the combustion of waste oils are to be
                                                                              Regulations (EC) No 2352/97 and No 2494/97 — Action
            disposed of in accordance with the obligations flowing
                                                                                      for annulment — Inadmissibility of the action)
            from Article 9 of Council Directive 78/319/EEC of
            20 March 1978 on toxic and dangerous waste and, from
            27 June 1995, in accordance with the obligations arising                                     (2003/C 146/04)
            under Article 9 of Council Directive 75/442/EEC of
            15 July 1975 on waste, as amended by Council Directive
            91/156/EEC of 18 March 1991, which were already                                        (Language of the case: Dutch)
            owed by the Member States under Article 9 of Directive
            78/319;                                                           (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
      —     by not providing, within the prescribed period, for
            periodical inspection of undertakings which regenerate
            waste oils or use them as fuel, or for examination of             In Case C-142/00 P, Commission of the European Communi-
            trends in the state of technical development and/or of the        ties (Agent: T. van Rijn), supported by French Republic (Agents:
            environment with a view to revising, where necessary,             G. de Bergues and L. Bernheim) and by Council of the
            permits granted to those undertakings;                            European Union (Agents: J. Huber and G. Houttuin): Appeal
                                                                              against the judgment of the Court of First Instance of the
                                                                              European Communities (Third Chamber) of 10 February 2000
      —     by failing to convey to the Commission information                in Joined Cases T-32/98 and T-41/98 Nederlandse Antillen v
            concerning technical expertise and the experience gained          Commission [2000] ECR II-201, seeking to have that judgment
            and results obtained through the application of measures          set aside the other parties to the proceedings being: Nederland-
            taken pursuant to Council Directive 75/439/EEC of                 se Antillen (represented by M. M. Slotboom and P. V. F. Bos)
            16 June 1975 on the disposal of waste oils, as amended            and Kingdom of Spain (Agent: N. Díaz Abad), the Court (Sixth
            by Council Directive 87/101/EEC of 22 December                    Chamber), composed of: J.-P. Puissochet, President of the
            1986,                                                             Chamber, R. Schintgen, C. Gulmann, V. Skouris and F. Macken
                                                                              (Rapporteur), Judges; P. Léger, Advocate General; M.-F. Contet,
                                                                              Principal Administrator, for the Registrar, has given a judgment
                                                                              on 10 April 2003, in which it:
      the Portuguese Republic has failed to fulfil its obligations under
      Articles 6(2), 8(2)(a), 13 and 17 of Directive 75/439, as
      amended by Directive 87/101;                                            1.    Sets aside the judgment of the Court of First Instance of the
                                                                                    European Communities of 10 February 2000 in Joined Cases
                                                                                    T-32/98 and T-41/98 Nederlandse Antillen v Commission;
2.    Dismisses the remainder of the application;                             2.    Dismisses as inadmissible the Nederlandse Antillen’s appli-
                                                                                    cations for annulment;
3.    Orders the Portuguese Republic to pay the costs.                        3.    Orders the Nederlandse Antillen to pay the costs both at first
                                                                                    instance and on appeal;
                                                                              4.    Orders the Kingdom of Spain, the French Republic and the
( 1) OJ C 34 of 05.02.2000.                                                         Council of the European Union to bear their own costs.
                                                                              (1 ) OJ C 233 of 12.8.2000.