CELEX: C1999/086/05
Language: en
Date: 1999-03-27 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 21 January 1999 in Case C-347/97: Commission of the European Communities v. Kingdom of Belgium (Failure of a Member State to fulfil its obligations - Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances - Failure by a Member State to adopt programmes provided for in Article 6 of the Directive)

27.3.1999             EN                  Official Journal of the European Communities                                       C 86/3
to adopt the laws, regulations or administrative provisions          declaration that, by failing to adopt and/or communicate,
necessary to comply fully and properly with Council                  within the prescribed period, all the measures necessary to
Directive 85/337/EEC of 27 June 1985 on the assessment               comply with Article 6 of Council Directive 91/157/EEC of
of the effects of certain public and private projects on the         18 March 1991 on batteries and accumulators containing
environment (OJ L 175, 5.7.1985, p. 40), the Portuguese              certain dangerous substances (OJ L 78, 26.3.1991, p. 38),
Republic has failed to fulfil its obligations under the third        the Kingdom of Belgium has failed to fulfil its obligations
paragraph of Article 189 of the EC Treaty and Article 12             under that article Ð the Court (Fifth Chamber), composed
of that directive Ð the Court (Fifth Chamber), composed              of: J.-P. Puissochet, President of the Chamber, P. Jann, J. C.
of: J.-P. Puissochet, President of the Chamber, J. C.                Mointinho de Almeida, C. Gulmann (Rapporteur) and
Moitinho de Almeida, C. Gulmann, L. Sevón (Rapporteur)               D. A. O. Edward, Judges; G. Cosmas, Advocate-General;
and M. Wathelet, Judges; J. Mischo, Advocate-General; R.             L. Hewlett, Administrator, for the Registrar, gave a
Grass, Registrar, has given a judgment on 21 January                 judgment on 21 January 1999, in which it:
1999, in which it:
1. Declares that, by adopting a transitional provision by            1. Declares that, by failing to adopt, within the
     virtue of which national legislation transposing                     prescribed period, all the measures necessary to
     Council Directive 85/337/EEC of 27 June 1985 on the                  comply with Article 6 of Council Directive
     assessment of the effects of certain public and private              91/157/EEC of 18 March 1991 on batteries and
     projects on the environment, adopted after 3 July                    accumulators containing certain dangerous substances,
     1988, the deadline for transposition, is not applicable              the Kingdom of Belgium has failed to fulfil its
     to projects in respect of which the consent procedure                obligations under that article.
     had been initiated before the entry into force of the
     national law transposing that directive but after 3 July
     1988, the Portuguese Republic has failed to fulfil its
     obligations under that directive.                               2. Orders the Kingdom of Belgium to pay the costs.
2. Orders the Portuguese Republic to pay the costs.                  (1) OJ C 357, 22.11.1997.
(1) OJ C 181, 14.6.1997.
                                                                                    JUDGMENT OF THE COURT
               JUDGMENT OF THE COURT                                                        (Fourth Chamber)
                       (Fifth Chamber)                                                     of 21 January 1999
                     of 21 January 1999                              in    Case    C-416/97: Commission of the            European
in    Case   C-347/97: Commission of the European                                  Communities v. Italian Republic (1)
           Communities v. Kingdom of Belgium (1)
                                                                     (Failure of Member State to fulfil its obligations Ð
(Failure of a Member State to fulfil its obligations Ð               Directives 93/119/EC, 94/42/EC, 94/16/EC and
Directive 91/157/EEC on batteries and accumulators                   93/118/EC Ð Non-transposition within the prescribed
containing certain dangerous substances Ð Failure by a                                         time-limits)
Member State to adopt programmes provided for in
                  Article 6 of the Directive)                                                (1999/C 86/06)
                        (1999/C 86/05)
                                                                                     (Language of the case: Italian)
                (Language of the case: French)
  (Provisional translation; the definitive translation will be         (Provisional translation; the definitive translation will be
          published in the European Court Reports)                             published in the European Court Reports)
In Case C-347/97: Commission of the European
Communities (Agent: Götz zur Hausen) v. Kingdom of                   In Case C-416/97: Commission of the European
Belgium (Agent: Annie Snoecx) Ð application for a                    Communities (Agent: Francesco P. Ruggeri Laderchi) v.