CELEX: C2001/212/08
Language: en
Date: 2001-07-28 00:00:00
Title: Judgment of the Court (Third Chamber) of 14 June 2001 in Case C-230/00: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Failure to implement Directives 75/442/EEC, 76/464/EEC, 80/68/EEC, 84/360/EEC and 85/337/EEC — Pollution and nuisance — Waste — Dangerous substances — Pollution of the aquatic environment — Air pollution)

28.7.2001                 EN                    Official Journal of the European Communities                                          C 212/5
1.    Declares that, by failing to adopt, within the prescribed period,    —    Council Directive 76/464/EEC of 4 May 1976 on pol-
      the laws, regulations and administrative provisions necessary to          lution caused by certain dangerous substances discharged
      comply with Articles 1(c), 2(1) and (2), 2a, 3a(3) and                    into the aquatic environment of the Community (OJ
      10(1)(3) and (4), Article 12, inasmuch as it regulates                    1976 L 129, p. 23),
      teleshopping, and Articles 13 and 16(2) of,Council Directive
      89/552/EEC of 3 October 1989 on the coordination of certain          —    Council Directive 80/68/EEC of 17 December 1979 on
      provisions laid down by law, regulation or administrative                 the protection of groundwater against pollution caused
      action in Member States concerning the pursuit of television              by certain dangerous substances (OJ 1980 L 20, p. 43),
      broadcasting activities, as amended by Directive 97/36/EC of
      the European Parliament and of the Council of 30 June 1997,          —    Council Directive 84/360/EEC of 28 June1984 on the
      the Italian Republic has failed to fulfil its obligations under           combating of air pollution from industrial plants (OJ
      that directive.                                                           1984 L 188, p. 20), and
2.    Orders the Italian Republic to pay the costs.                        —    Council Directive 85/337/EEC of 27 June 1985 on the
                                                                                assessment of the effects of certain public and private
                                                                                projects on the environment (OJ 1985 L 175, p. 40),
(1) OJ C 211 of 22.7.2000.
                                                                           the Kingdom of Belgium has failed to fulfil its obligations
                                                                           under Articles 9 of Directive 75/442, 3, 4, 5 and 7 of Directive
                                                                           76/464, 3, 4, 5, 7 and 10 of Directive 80/68, 3, 4, 9 and 10
                                                                           of Directive 84/360, 2 and 8 of Directive 85/337 and
                                                                           Article 189 of the EC Treaty (now Article 249 EC) — the
                                                                           Court (Third Chamber), composed of: C. Gulmann, President
                                                                           of the Chamber, J.-P. Puissochet and J.N. Cunha Rodrigues
                                                                           (Rapporteur), Judges; J. Mischo, Advocate General; R. Grass,
                                                                           Registrar, has given a judgment on 14 June 2001, in which it:
                  JUDGMENT OF THE COURT
                                                                           1.   Declares that by failing to adopt the laws, regulations and
                           (Third Chamber)                                      administrative provisions necessary to implement fully:
                                                                                —     Council Directive 75/442/EEC of 15 July 1975 on
                            of 14 June 2001
                                                                                      waste, as amended by Council Directive 91/156/EEC of
                                                                                      18 March 1991,
in Case C-230/00: Commission of the European Communi-
                   ties v Kingdom of Belgium (1)                                —     Council Directive 76/464/EEC of 4 May 1976 on
                                                                                      pollution caused by certain dangerous substances dis-
                                                                                      charged into the aquatic environment of the Community,
(Failure by a Member State to fulfil its obligations —
Failure to implement Directives 75/442/EEC, 76/464/EEC,                         —     Council Directive 80/68/EEC of 17 December 1979 on
80/68/EEC, 84/360/EEC and 85/337/EEC — Pollution and                                  the protection of groundwater against pollution caused by
nuisance — Waste — Dangerous substances — Pollution of                                certain dangerous substances,
           the aquatic environment — Air pollution)
                                                                                —     Council Directive 84/360/EEC of 28 June 1984 on the
                            (2001/C 212/08)                                           combating of air pollution from industrial plants, and
                                                                                —     Council Directive 85/337/EEC of 27 June 1985 on the
                                                                                      assessment of the effects of certain public and private
                      (Language of the case: Dutch)                                   projects on the environment,
                                                                                the Kingdom of Belgium has failed to fulfil its obligations
(Provisional translation; the definitive translation will be published          under Articles 9 of Directive 75/442, as amended by Directive
                     in the European Court Reports)                             91/156, 3, 4, 5, and 7 of Directive 76/464, 3, 4, 5, 7 and
                                                                                10 of Directive 80/68, 3, 4, 9 and 10 of Directive 84/360
                                                                                and 2 and 8 of Directive 85/337.
In Case C-230/00: Commission of the European Communities
(Agent: H. van Lier, assisted by M.H. van der Woude and                    2.   Orders the Kingdom of Belgium to pay the costs.
T.E.M. Chellingsworth) v Kingdom of Belgium (Agent:
A. Snoecx) — application for a declaration that, by failing to
adopt the laws, regulations and administrative provisions
necessary to implement fully the following:                                (1) OJ C 233 of 12.8.2000.
—     Council Directive 75/442/EEC of 15 July 1975 on waste
      (OJ 1975 L 194, p. 39), as amended by Council Directive
      91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32),