CELEX: C2003/135/28
Language: en
Date: 2003-06-07 00:00:00
Title: Case C-163/03: Action brought on 8 April 2003 by the Commission of the European Communities against the Hellenic Republic

7.6.2003                EN                       Official Journal of the European Union                                           C 135/19
Reference for a preliminary ruling by the Tribunale                            tion into groundwater of substances in list II of Directive
Ordinario di Milano by order of that Court of 21 February                      80/68/EEC so as to avoid pollution of that water by these
2003 in the case of Azienda Agricola (farm) owned by                           substances, by not subjecting to prior investigation any
Andrea Balconi (ex Guido) against Region of Lombardy                           disposal or tipping for the purpose of disposal of the
        and AGEA (Agency for Agricultural subsidies)                           dangerous substances in list I of Directive 80/68/EEC,
                                                                               which might lead to indirect discharge, and by not
                                                                               subjecting to prior investigation all direct discharge of
                          (Case C-162/03)                                      substances in list II of Directive 80/68/EEC and the
                                                                               disposal or tipping for the purpose of disposal of those
                                                                               substances which might lead to indirect discharge, the
                          (2003/C 135/27)
                                                                               Hellenic Republic has failed to fulfil its obligations under
                                                                               Articles 3, 4 and 5 of Council Directive 80/68/EEC of
                                                                               17 December 1979 ( 1) on the protection of groundwater
                                                                               against pollution caused by certain dangerous substances;
Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale Ordinario di
                                                                         —     declare that, by failing to failing to take the necessary
Milano (Milan District Court) of 21 February 2003, received at
                                                                               measures to record and identify hazardous waste in the
the Court Registry on 7 April 2003, for a preliminary ruling
                                                                               Thriasio Pedio area, where tipping (discharge) of such
in the case of Azienda Agricola (farm) owned by Andrea
                                                                               waste takes place, and, by failing to draw up, either
Balconi (ex Guido) against Region of Lombardy and AGEA
                                                                               separately or in the framework of their general waste
(Agency for Agricultural subsidies) on the following question:
                                                                               management plans, plans for the management of hazard-
                                                                               ous waste in the Thriasio Pedio area, the Hellenic Republic
Must Article 1 of Regulation (EEC) No 856/84 (1) of 31 March                   has failed to fulfil its obligations under Article 2(1) and
1984 and Articles 1 to 4 of Regulation No 3950/92 (2) of                       6(1) of Council Directive 91/689/EEC of 12 December
28 December 1992 be interpreted as meaning that the                            1991 on hazardous waste ( 2);
additional levy on milk and milk products is in the nature of
an administrative penalty with the result that producers are
liable to pay it only where quantities allocated have been               —     order the Hellenic Republic to pay the costs.
exceeded by them intentionally or as a result of negligence?
( 1) OJ L 90 of 01.04.1984, p. 10.
                                                                         Pleas in law and main arguments
( 2) OJ L 405 of 31.12.1992, p. 1.
                                                                         —     Infringement of Directive 80/68/EEC
                                                                         —     Infringement of Directive 91/689/EEC.
                                                                         (1 ) OJ 1980 L 20, p. 43.
Action brought on 8 April 2003 by the Commission of                      (2 ) OJ 1991 L 377, p. 20.
the European Communities against the Hellenic Republic
                          (Case C-163/03)
                          (2003/C 135/28)
                                                                         Action brought on 10 April 2003 by the Commission of
An action against the Hellenic Republic was brought before                the European Communities against the French Republic
the Court of Justice of the European Communities on 8 April
2003 by the Commission of the European Communities,
represented by V. Jordana and M. Konstantinidis, of its Legal                                      (Case C-166/03)
Service.
                                                                                                   (2003/C 135/29)
The Commission claims that the Court should:
—     declare that, by failing to take the necessary steps to
      prevent the introduction into groundwater of substances            An action against the French Republic was brought before the
      in list I of Directive 80/68/EEC and to limit the introduc-        Court of Justice of the European Communities on 10 April