CELEX: C2005/006/04
Language: en
Date: 2005-01-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 28 October 2004 in Case C-185/02 Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Waste management — Disposal of polychlorinated biphenyls and polychlorinated terphenyls — Directive 96/59/EC)

8.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/3
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 28 October 2004
   in Case C-185/02 Commission of the European Communities v Portuguese Republic (1)
   
   (Failure of a Member State to fulfil its obligations - Waste management - Disposal of polychlorinated biphenyls and polychlorinated terphenyls - Directive 96/59/EC)
   (2005/C 6/04)
   Language of the case: Portuguese
   In Case C-185/02 Commission of the European Communities (Agent: A. Caeiros) v Portuguese Republic (Agents: L. Fernandes, M. Telles Romão and M.J. Lois) – action under Article 226 EC for failure to fulfil obligations, brought on 17 May 2002 – the Court (Sixth Chamber), composed of: A. Borg Barthert, President of the Chamber, S. von Bahr and J. Malenovský (Rapporteur), Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a judgment on 28 October 2004, in which it:
   
               1.
            
            
               Declares that, by failing to communicate the plans and outlines referred to in Article 11 of Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB and PCT) to the Commission of the European Communities within the prescribed period, the Portuguese Republic has failed to fulfil its obligations under that provision;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Commission of the European Communities and the Portuguese Republic to bear their own costs.
            
         
      (1)  OJ C 180 of 27.7.2002