CELEX: C2002/180/11
Language: en
Date: 2002-07-27 00:00:00
Title: Judgment of the Court (Third Chamber) of 6 June 2002 in Case C-146/01: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Directive 90/641/Euratom — Protection of workers — Outside workers exposed to the risk of ionising radiation during their activities in controlled areas)

27.7.2002                EN                      Official Journal of the European Communities                                               C 180/7
                  JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                                                                                                       (Fourth Chamber)
                          (Third Chamber)
                                                                                                         of 6 June 2002
                            of 6 June 2002
                                                                            in Case C-177/01: Commission of the European Communi-
                                                                                                   ties v French Republic (1)
in Case C-146/01: Commission of the European Communi-
                  ties v Kingdom of Belgium (1)
                                                                            (Failure by a Member State to fulfil its obligations —
                                                                            Articles 4 and 11 of Directive 96/59/EC on the disposal of
(Failure by a Member State to fulfil its obligations —                      polychlorinated biphenyls and polychlorinated terphenyls
Directive 90/641/Euratom — Protection of workers —                                                         (PCB/PCT))
Outside workers exposed to the risk of ionising radiation
            during their activities in controlled areas)                                                (2002/C 180/12)
                           (2002/C 180/11)                                                        (Language of the case: French)
                                                                            (Provisional translation; the definitive translation will be published
                     (Language of the case: French)                                              in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                          In Case C-177/01, Commission of the European Communities
                                                                            (Agents: H. Støvlbaek and J. Adda) v French Republic (Agents:
                                                                            G. de Bergues and D. Colas): Application for a declaration that,
                                                                            by failing to communicate to the Commission a summary of
                                                                            the inventories of equipment with PCB volumes of more than
In Case C-146/01, Commission of the European Communities                    5 dm3, a plan for the decontamination and/or disposal of the
(Agent: L. Ström, assisted by M. van der Woude) v Kingdom of                inventoried equipment and the PCBs contained therein, and an
Belgium (Agent: A. Snoecx): Application for a declaration that,             outline for the collection and subsequent disposal of equip-
by failing to adopt or to notify to the Commission, within the              ment which is not subject to inventory in accordance with
prescribed period, the laws, regulations and administrative                 Article 4(1) of Council Directive 96/59/EC of 16 September
provisions necessary to comply with Articles 4(2), 5 and 6 of,              1996 on the disposal of polychlorinated biphenyls and
and Annexes I and II to, Council Directive 90/641/Euratom of                polychlorinated terphenyls (PCB/PCT) (OJ 1996 L 243, p. 31),
4 December 1990 on the operational protection of outside                    as referred to in Article 6(3) of that directive, the French
workers exposed to the risk of ionising radiation during their              Republic has failed to fulfil its obligations under Articles 4 and
activities in controlled areas (OJ 1990 L 349, p. 21), the                  11 of that directive, the Court (Fourth Chamber), composed
Kingdom of Belgium has failed to fulfil its obligations under               of: S. von Bahr, President of the Chamber, D.A.O. Edward and
that directive, the Court (Third Chamber), composed of:                     A. La Pergola (Rapporteur), Judges; L.A. Geelhoed, Advocate
F. Macken, President of the Chamber, C. Gulmann (Rapporteur)                General; R. Grass, Registrar, has given a judgment on 6 June
and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed, Advocate                   2002, in which it:
General; R. Grass, Registrar, has given a judgment on 6 June
2002, in which it:
                                                                            1.    Declares that, by failing to communicate to the Commission of
                                                                                  the European Communities a summary of the inventories of
1.    Declares that, by failing to adopt, within the prescribed period,           equipment with PCB volumes of more than 5 dm3, a plan
      the laws, regulations and administrative provisions necessary to            for the decontamination and/or disposal of the inventoried
      comply with Articles 4(2), 5 and 6 of, and Annexes I and II                 equipment and the PCBs contained therein, and an outline for
      to, Council Directive 90/641/Euratom of 4 December 1990                     the collection and subsequent disposal of equipment which is
      on the operational protection of outside workers exposed to the             not subject to inventory in accordance with Article 4(1) of
      risk of ionising radiation during their activities in controlled            Council Directive 96/59/EC of 16 September 1996 on
      areas, the Kingdom of Belgium has failed to fulfil its obligations          the disposal of polychlorinated biphenyls and polychlorinated
      under that directive;                                                       terphenyls (PCB/PCT), as referred to in Article 6(3) of that
                                                                                  directive, the French Republic has failed to fulfil its obligations
                                                                                  under Articles 4 and 11 of that directive;
2.    Orders the Kingdom of Belgium to pay the costs.
                                                                            2.    Orders the French Republic to pay the costs.
(1) OJ C 150 of 19.5.2001.
                                                                            (1) OJ C 173 of 16.6.2001.