CELEX: C2001/079/37
Language: en
Date: 2001-03-10 00:00:00
Title: Case C-39/01: Action brought on 29 January 2001 by the Commission of the European Communities against the United Kingdom

C 79/20                EN                    Official Journal of the European Communities                                    10.3.2001
2.    Irrespective of the reply to the preceding question, does         The Applicant claims that the Court should:
      the allocation to such a public undertaking of a significant
      proportion of the proceeds from the charge amount to              —     declare that by failing to adopt the laws, regulations
      abuse of a dominant position as a result of a State                     or administrative provisions necessary to comply with
      legislative measure and is it thus contrary to Article 86 in            Council Directive 96/61/EC of 24 September 1996
      conjunction with Article 90 of the Treaty?                              concerning integral pollution prevention and control(1)
                                                                              or in any event by failing to inform the Commission
                                                                              thereof, the United Kingdom has failed to fulfil its
3.    May the allocation to such an undertaking of a significant              obligations under that Directive, and
      proportion of the abovementioned charge be defined as
      State aid, within the meaning of Article 92 of the Treaty,
                                                                        —     order the United Kingdom to pay the costs.
      and does it therefore justify, in the event that the
      Commission is either not notified or adopts a decision
      finding the aid to be incompatible with the common
      market, pursuant to Article 93, the exercise by national          Pleas in law and main arguments
      courts of their powers — in accordance with the case-law
      of the Court of Justice — to ensure disapplication of             Article 249 EC, under which a directive shall be binding, as to
      illegal and/or incompatible aid?                                  the result to be achieved, upon each Member State carries by
                                                                        implication an obligation on the Member States to observe the
4.    Does the appropriation to the abovementioned public               period for compliance laid down in the directive. That period
      undertaking, ab origine, of a significant proportion of the       expired on 30 October 1999 without the United Kingdom
      proceeds from a State charge levied for or upon the               having enacted the provisions necessary to comply with the
      unloading or loading of goods at ports, without such              directive referred to in the conclusions of the Commission.
      payment being reciprocated by any services rendered by
      the AMM itself, constitute a charge having an effect
                                                                        (1) OJ L 257, 10.10.1996, p. 26.
      equivalent to a customs duty on imports (prohibited by
      Articles 12 and 13 of the Treaty), or an internal taxation
      imposed on products of other Member States in excess of
      that imposed on similar domestic products (Article 95),
      or a barrier to imports, prohibited by Article 30?
5.    In the event that the national provisions are in conflict
      with Community law, do the factors set out in the
      foregoing paragraphs, considered individually, affect the         Action brought on 1 February 2001 by the Commission
      charge as a whole or only the portion allocated to the            of the European Communities against the Federal Repub-
      AMM?                                                                                       lic of Germany
                                                                                                  (Case C-41/01)
                                                                                                 (2001/C 79/38)
                                                                        An action against the Federal Republic of Germany was
                                                                        brought before the Court of Justice on 1 February 2001 by the
                                                                        Commission of the European Communities, represented by
                                                                        Götz zur Hausen, Legal Adviser, of the Legal Service of the
Action brought on 29 January 2001 by the Commission of                  Commission of the European Communities, with an address
the European Communities against the United Kingdom                     for service in Luxembourg at the office of Carlos Gómez de la
                                                                        Cruz, of the Legal Service of the Commission of the European
                                                                        Communities, Wagner Centre C 254, Kirchberg.
                         (Case C-39/01)
                                                                        The applicant claims that the Court should:
                         (2001/C 79/37)
                                                                        (1) declare that, by having, contrary to the judgment of the
                                                                              Court of Justice of 22 October 1998 in Case C-301/95 (1),
An action against the United Kingdom was brought before the                   excluded in advance from the environmental impact
Court of Justice of the European Communities on 29 January                    assessment requirement whole classes of projects listed
2001 by the Commission of the European Communities,                           in Annex II to Council Directive 85/337/EEC (2) of 27 June
represented by Mr Richard Wainwright, Principal Legal                         1985 on the assessment of the effects of certain public
Adviser, acting as agent, with an address for service at the                  and private projects on the environment, the Federal
office of Mr Carlos Gómez de la Cruz, a member of its Legal                  Republic of Germany has failed to comply with its
Service, at the Wagner Centre, Kirchberg, Luxembourg.                         obligations under Article 228 of the EC Treaty;