CELEX: C2000/034/38
Language: en
Date: 2000-02-05 00:00:00
Title: Removal from the register of Case C-90/99

C 34/20               EN                    Official Journal of the European Communities                                         5.2.2000
In those circumstances, the Commission finds that the Italian               United Kingdom has failed to fulfil its obligations under
Republic has failed to fulfil its obligations under Community               that Directive, and
law.
                                                                       — order the United Kingdom to pay the costs.
(1) OJ 1975 L 194, p. 39.
(2) OJ 1991 L 377, p. 20.                                              Pleas in law and main arguments
(3) OJ 1994 L 365, p. 10.
                                                                       Article 249 EC (ex Article 189 of the EC Treaty), under which
                                                                       a directive shall be binding, as to the result to be achieved,
                                                                       upon each Member State, carries by implication an obligation
                                                                       on the Member States to observe the period for compliance
                                                                       laid down in the directive. That period expired on 16 March
Action brought on 6 December 1999 by the Commission                    1998 without the United Kingdom having enacted the pro-
                                                                       visions necessary to comply with the directive referred to in
of the European Communities against the United
                                                                       the conclusions of the Commission.
                            Kingdom
                        (Case C-468/99)                                (1) on the disposal of polychlorinated biphenyls and polychlorinated
                                                                           terphenyls (PCB/PCT), OJ L 243, 24.9.1996, p. 31.
                         (2000/C 34/37)
An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 6 December
1999 by the Commission of the European Communities,
represented by Mr Richard Wainwright, Principal Legal                          Removal from the register of Case C-90/99 (1)
Adviser, acting as agent, with an address for service at the
office of Mr Carlos Gómez de la Cruz, a member of its Legal                                     (2000/C 34/38)
Service, at the Wagner Centre, Luxembourg.
                                                                       By order of 22 October 1999 the President of the Court of
The Applicant claims that the Court should:                            Justice of the European Communities has ordered the removal
                                                                       from the register of Case C-90/99: Commission of the
— declare that, by failing to adopt the laws, regulations or
                                                                       European Communities v Portuguese Republic.
    administrative provisions necessary to comply with
    Council Directive 96/59/EC of 16 September 1996 (1) or
    in any event not informing the Commission thereof, the             (1) OJ C 160 of 5.6.1999.