CELEX: C2001/150/30
Language: en
Date: 2001-05-19 00:00:00
Title: Case C-10/01: Action brought on 21 March 2001 by the Commission of the European Communities against the French Republic

C 150/16               EN                     Official Journal of the European Communities                                     19.5.2001
Action brought on 21 March 2001 by the Commission of                     French Republic, or implementation deadlines. The ‘local
 the European Communities against the French Republic                    recycling programmes for eliminating the main types of
                                                                         industrial waste’ communicated at the same time are, even
                                                                         taking into account subsequent exchanges of correspondence,
                         (Case C-10/01)                                  very imprecise, contain no schedule or timetable, and do not
                                                                         cover the whole of France.
                        (2001/C 150/30)
                                                                         In relation to the laws and regulations communicated, which
                                                                         relate to the conditions for being granted prior authorisation
An action against the French Republic was brought before the             with emission standards, the Commission considers that a
Court of Justice of the European Communities on 21 March                 system of prior authorisation in relation to the discharge
2001 by the Commission of the European Communities,                      of dangerous substances cannot, however indispensable, be
represented by G. Valero Jordana and J. Adda, acting as Agents,          considered to render the programmes referred to in Article 7
with an address for service in Luxembourg.                               of the Directive superfluous.
                                                                         As regards the quality objectives for water into which the
The applicant claims that the Court should:                              substances in List II are discharged, throughout their corre-
                                                                         spondence the authorities in the French Republic manifested
                                                                         an increasing reluctance to implement such objectives. As for
—     find that, by failing to adopt pollution reduction pro-
                                                                         the measures communicated, the only quality objectives
      grammes including quality objectives for the 99 danger-
                                                                         referred to in the correspondence from the French Government
      ous substances listed in the Annex and failing to com-
                                                                         relate to water-courses, not to inland water, sea water or near-
      municate to the Commission summaries of those pro-
                                                                         shore waters. Furthermore the objectives referred to are too
      grammes and the results of their implementation, con-
                                                                         imprecise to comply with the requirements of Article 7 of the
      trary to Article 7 of Directive 76/464/EEC, (1) the French
                                                                         Directive.
      Republic has failed to fulfil its obligations under the
      Treaty;
                                                                         (1) Council Directive 76/464/EEC of 4 May 1976 on pollution cause
—     order the French Republic to pay the costs.                            by certain dangerous substances discharged into the aquatic
                                                                             environment of the Community (OJ 1976 L 129 p. 23).
Pleas in law and main arguments
Although the French Republic has communicated a certain
number of measures supposedly constituting a national pro-
gramme as referred to in Article 7(1) of the Directive, it
                                                                         Action brought on 21 March 2001 by the Commission of
challenges, in a manner that becomes more marked as its
                                                                           the European Communities against the Italian Republic
correspondence progresses, the duty to implement reduction
programmes under Article 7 of the Directive including quality
objectives for the substances in List II of the Directive.                                        (Case C-131/01)
Although the French Republic has implemented certain
measures intended to combat pollution by dangerous sub-
stances, those measures do not amount to proper implemen-                                         (2001/C 150/31)
tation of Article 7 of Directive 76/464/EEC as regards the
implementation of programmes to reduce pollution caused by               An action against the Italian Republic was brought before
the relevant substances in List II including quality objectives          Court of Justice on 21 March 2001 by the Commission of the
for water into which those substances are discharged.                    European Communities, represented by Bernard Mongin and
                                                                         Roberto Amorosi, acting as Agents
As regards the establishment of programmes, in 1991 the
French Republic communicated a ‘national programme’ com-                 The applicant claims that the Court of Justice should:
prising a series of uncoordinated measures with no objectives
or overall schedule. The ‘sectoral programmes’ contained                 —     Declare that, by keeping in force rules requiring patent
therein are in fact no more than a description of the legal                    consultants residing in other Member States to be entered
framework applicable (or even just contemplated), resulting                    on the Italian register of patent consultants and to have a
from national legislation relating to facilities classified as being           residence or professional address in Italy in order to
for the protection of the environment, and do not contain any                  provide services involving dealings with the Patent Office,
specific plans or concrete objectives to reduce pollution by the               the Italian Republic has failed to fulfil its obligations
dangerous substances referred to in List II or for those of the                under Articles 49 to 55 of the EC Treaty regarding the
99 priority substances relevant in the national context for the                freedom to provide services;