CELEX: C2001/095/05
Language: en
Date: 2001-03-24 00:00:00
Title: Order of the Court (Second Chamber) of 19 September 2000 in Case C-89/00 (reference for a preliminary ruling from the Verwaltungsgericht Berlin): Bülent Recep Bicakci and Others v Land Berlin (Article 104(3) of the Rules of Procedure — Identical question)

C 95/4                   EN                      Official Journal of the European Communities                                     24.3.2001
                     ORDER OF THE COURT                                     Action brought on 24 January 2001 by the Commission of
                                                                            the European Communities against the Hellenic Republic
                         (Second Chamber)
                                                                                                       (Case C-33/01)
                      of 19 September 2000
                                                                                                       (2001/C 95/06)
in Case C-89/00 (reference for a preliminary ruling from
the Verwaltungsgericht Berlin): Bülent Recep Bicakci and
                      Others v Land Berlin (1)                              An action against the Hellenic Republic was brought before
                                                                            the Court of Justice of the European Communities on 24 Janu-
                                                                            ary 2001 by the Commission of the European Communities,
(Article 104(3) of the Rules of Procedure — Identical                       represented by Hans Stovlbaek, of its Legal Service, and
                               question)                                    Panagiotis Panagiotopoulos, a national civil servant on
                                                                            secondment to its Legal Service.
                           (2001/C 95/05)
                                                                            The Commission claims that the Court should:
                   (Language of the case: German)                           —     declare that, by failing to communicate to the Com-
                                                                                  mission within the time-limit laid down the information
                                                                                  required by Article 8(3) of Directive 97/689/EEG, and (1)
                                                                                  and by Commission Decision 96/302/EC (2) which is
(Provisional translation; the definitive translation will be published
                                                                                  envisaged by that provision, concerning every establish-
                    in the European Court Reports)                                ment or undertaking which carries out disposal and/or
                                                                                  recovery of hazardous waste, the Hellenic Republic has
                                                                                  failed to fulfil its obligations under the Treaty and that
In Case C-89/00: reference to the Court under Article 234 EC
                                                                                  directive.
from the Verwaltungsgericht Berlin (Administrative Court,
Berlin) for a preliminary ruling in the proceedings pending
before that court between Bülent Recep Bicakci, Bedriye                     —     order the Hellenic Republic to pay the costs.
Bicakci, Hidajet Kemal Bicakci and Burak Bicakci and Land
Berlin — on the interpretation of Article 14(1) of Decision
No 1/80 of 19 September 1980 on the development of the
Association, adopted by the Association Council established by
the Association Agreement between the European Economic                     Pleas in law and main arguments
Community and Turkey — the Court (Second Chamber),
composed of: R. Schintgen (Rapporteur), President of the
Second Chamber, V. Skouris and N. Colneric, Judges; J. Mischo,              Article 8(3) of Directive 91/689/EEC imposes en obligation
Advocate General; R. Grass, Registrar, has made an order on                 on the Member States to send to the Commission certain
19 September 2000 in which it has ruled:                                    information relating to every establishement or undertaking
                                                                            which carries out disposal and/or recovery of hazardous waste.
Article 14(1) of Decision No 1/80 of 19 September 1980 on the
development of the Association, adopted by the Association Council          The Commission states that the Hellenic Republic did not send
established by the Association Agreement between the European               the information prescribed by that directive within the time-
Economic Community and Turkey is to be interpreted as precluding            limit laid down (that is to say immediately after the entry into
the expulsion of a Turkish national who enjoys a right granted              force of Commission Decision 96/302/EC of 17 April 1996
directly by that decision when it is ordered, following a criminal          establishing a format in which information is to be provided
conviction, as a deterrent to other aliens without the personal conduct     pursuant to Article 8(3) of Directive 91/689/EEC) and, of
of the person concerned giving reason to consider that he will commit       course, has not notified the Commission of any changes in
other serious offences prejudicial to the requirements of public policy     that information.
in the host Member State.
                                                                            (1) OJ No L 377, 31.12.1991, p. 20.
( 1) OJ No C 149, 27.5.2000.                                                (2) OJ No L 116, 11.5.1996, p. 26.