CELEX: C2000/192/15
Language: en
Date: 2000-07-08 00:00:00
Title: Case C-153/00: Reference for a preliminary ruling by the investigating judge at the Rechtbank van Eerste Aanleg, Turnhout, by order of 13 April 2000 in criminal proceedings against P. der Weduwe

C 192/8                 EN                    Official Journal of the European Communities                                            8.7.2000
     — Article 2 of Directive 89/369/EEC (1), inasmuch as the            The Commission of the European Communities claims that
          three plants are operating without any authorisation           the Court should:
          having been issued for that purpose;
                                                                         (1) declare that, by failing to bring into force and to communi-
     — Article 6 of Directive 89/369/EEC, inasmuch as, with                   cate to the Commission within the prescribed time-limit
          regard to the said plants, the competent authorities                the national measures necessary in order to transpose
                                                                              Articles 4(2), 6(1), (3) and (4), 7, 8(2), (3), (4) and (6), 11(2)
          — have not taken the periodic measurements in                       and 12 of Directive 97/66/EC (1), the French Republic has
              relation to the parameters prescribed by that article;          failed to comply with its obligations under Article 15 of
                                                                              the said directive;
          — have not given prior authorisation for the sampling
              and measurement procedures or determined the               (2) order the French Republic to pay the costs.
              location of the measurement points concerned;
          — have not laid down any measurement programme;
                                                                         Pleas in law and main arguments
     — Article 7 of Directive 89/369/EEC, inasmuch as the
          three plants are not equipped with auxiliary burners           The mandatory nature of the provisions of the third paragraph
          enabling a minimum combustion temperature of 850°              of Article 249 EC and the first paragraph of Article 10 EC is
          to be guaranteed, particularly during start-up and shut-       such as to oblige Member States to adopt the measures
          down operations,                                               necessary in order to transpose directives into their national
                                                                         legal order within the time-limit prescribed therein. The time-
     the Kingdom of Spain has failed to fulfil its obligations           limit fixed in Article 15(1) of the directive at issue in the
     under Directive 89/369/EEC;                                         present case expired on 24 October 1998 but France has not
                                                                         adopted the measures necessary to transpose the provisions of
(2) order the Kingdom of Spain to pay the costs.                         the articles referred to above.
Pleas in law and main arguments                                          (1) Directive 97/66/EC of the European Parliament and of the Council
                                                                             concerning the processing of personal data and the protection of
                                                                             privacy in the telecommunications sector (OJ L 24 of 30.1.1998,
Although the mandatory start-up authorisation had not been                   p. 1).
given, the automatic incineration plants located at Mazo and
Barlovento started to operate in January 1992; consequently,
Directive 89/369/EEC must be regarded as applicable to the
present case. In its letter of 3 February 1999 forwarding
information provided by the Consejerı́a de Industria y Comer-
cio (Ministry of Industry and Commerce) of the Government
of the Canaries, the Spanish Government acknowledged the
non-compliance indicated above.
                                                                         Reference for a preliminary ruling by the investigating
                                                                         judge at the Rechtbank van Eerste Aanleg, Turnhout, by
(1) Council Directive 89/369/EEC of 8 June 1989 on the prevention
    of air pollution from new municipal waste incineration plants (OJ
                                                                         order of 13 April 2000 in criminal proceedings against
    L 163 of 14.6.1989, p. 32).                                                                     P. der Weduwe
                                                                                                   (Case C-153/00)
                                                                                                   (2000/C 192/15)
                                                                         Reference has been made to the Court of Justice of the
Action brought on 19 April 2000 by the Commission of
                                                                         European Communities by order of 13 April 2000 by the
 the European Communities against the French Republic
                                                                         investigating judge at the Rechtbank van Eerste Aanleg, (First
                                                                         Instance Court), Turnhout which was received at the Court
                          (Case C-151/00)                                Registry on 25 April 2000, in criminal proceedings against
                                                                         P. der Weduwe for a preliminary ruling on the following
                          (2000/C 192/14)                                questions:
An action against the French Republic was brought before the             Where a credit institution authorised in a Member State in
Court of Justice on 19 April 2000 by the Commission of the               which breaches of banking secrecy are a criminal offence
European Communities, represented by Bernard Mongin, of its              operates, under the freedom to provide services, in another
Legal Service, acting as Agent, with an address for service in           Member State where there is no analogous banking secrecy,
Luxembourg at the office of Carlos Gómez de la Cruz, of its             must Article 49 EC (formerly Article 59 of the EC Treaty) be
Legal Service, Wagner Centre, Kirchberg.                                 interpreted:
 ---pagebreak--- 8.7.2000                EN                   Official Journal of the European Communities                                          C 192/9
1. As not precluding a legislative provision of the host                The applicant claims that the Court should:
    Member State pursuant to which employees of the credit
    institution concerned are required to give evidence as              (1) declare that, by failing to adopt all the measures necessary
    witnesses in criminal proceedings concerning services pro-              in order to comply with the obligations laid down in
    vided by them, under the freedom to provide services, in                Article 5(4)(a) and point 2 in Annex III to Council Directive
    the territory of the host Member State in circumstances in              91/676/EEC (1) of 12 December 1991 concerning the
    which employees of credit institutions of the host Member               protection of waters against pollution caused by nitrates
    State are under a like obligation to give evidence as                   from agricultural sources, the Federal Republic of Germany
    witnesses;                                                              has failed to fulfil its obligations under that directive;
2. As not precluding a legislative provision of the host                (2) order the Federal Republic of Germany to pay the costs.
    Member State pursuant to which employees of the credit
    institution concerned who, when interviewed as suspects,
    choose not to rely on their right to remain silent, may             Pleas in law and main arguments
    as suspects make a statement in criminal proceedings
    concerning services provided by them, under the freedom             Article 5(1) of Directive 91/676/EEC prescribes, in conjunction
    to provide services, in the territory of the host Member            with Annex III, maximum amounts, for each farm or livestock
    State in circumstances in which employees of credit                 unit, of manure to be applied to the land per hectare and per
    institutions established in the host Member State have the          year. Under the German provisions (Paragraphs 2(1) and 4(5)
    same right to make a statement as suspects, where they do           of the Düngeverordnung (Manure Regulation)), regard may be
    not or do not wish to rely on their right to remain silent;         had, within specified parameters, to ‘unavoidable production
                                                                        losses’ in the case of farm manure originating from animals
3. As precluding a legislative provision of the Member State            and to ‘storage losses’ in the case of liquid manure and slurry.
    of origin pursuant to which employees of the credit                 As a result, between 10 % and 20 % of the total quantities of
    institution concerned may be rendered criminally and                nitrogen are regarded as ‘normal’ losses arising from volatisa-
    civilly liable if, in the context of a criminal investigation       tion, and no regard is had to the fact that, to a large extent,
    conducted in a host Member State (see points 1 and 2) (in           those quantities of nitrogen escape into the air and then settle
    this case Belgium), they give evidence concerning services          once again on the ground and on expanses of water, thereby
    provided by them in the territory of the host Member State          contributing to water pollution.
    under the freedom to provide services;
                                                                        The maximum quantities laid down in the directive must apply
4. As precluding a legislative provision of the Member State            uniformly throughout the Community. Following discussions,
    of origin pursuant to which employees of the credit                 the Commission once again referred the question of interpret-
    institution concerned may be rendered criminally and                ation to the committee provided for in Article 9 of the
    civilly liable if, in the context of a criminal investigation       directive, and confirmed in written communications to the
    conducted in a host Member State (see points 1 and 2) (in           Federal Republic of Germany, Austria and Luxembourg that
    this case Belgium), they make a statement as suspects               the quantities specified in point 2 of Annex III to the directive
    concerning services provided by them in the territory of            are to be regarded as quantities of manure ex storage.
    the host Member State (in this case Belgium) under the
    freedom to provide services, whilst at the same time not
    relying or not wishing to rely on the right to remain silent?       (1) OJ L 375 of 31.12.1991, p. 1.
                                                                        Reference for a preliminary ruling by the High Court of
Action brought on 27 April 2000 by the Commission of                    Justice (England & Wales), Queen’s Bench Division, by
the European Communities against the Federal Republic                   order of that court of 1 March 2000, in the case of Katia
                            of Germany                                     Beckman against Dynamco Whicheloe Macfarlane Ltd
                          (Case C-161/00)                                                         (Case C-164/00)
                          (2000/C 192/16)                                                         (2000/C 192/17)
An action against the Federal Republic of Germany was                   Reference has been made to the Court of Justice of the
brought before the Court of Justice of the European Communi-            European Communities by an order of the High Court of
ties on 27 April 2000 by the Commission of the European                 Justice (England & Wales), Queen’s Bench Division, of 1 March
Communities, represented by Götz zur Hausen, Legal Adviser,             2000, which was received at the Court Registry on 5 May
with an address for service in Luxembourg at the office of              2000, for a preliminary ruling in the case of Katia Beckman
Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre           against Dynamco Whicheloe Macfarlane Ltd, on the following
C 254, Kirchberg.                                                       questions: