CELEX: C2003/184/31
Language: en
Date: 2003-08-02 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 19 June 2003 in Case C-161/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 1999/94/EC — Failure to communicate implementing measures)

C 184/16                 EN                           Official Journal of the European Union                                                 2.8.2003
by failing to implement correctly:                                            Republic (Agent: E. Skandalou): Application for a declaration
                                                                              that, by failing to draw up or, in any event, to communicate to
—     Article 1, Article 6(1) to (4) and Article 12(1)(d) of                  the Commission within the prescribed period (by 16 September
      Directive 92/43, and                                                    1999) the plans, outlines and summaries required under
—     Article 2, Article 4(1) and (4) and Article 6 of Directive              Articles 4(1) and 11 of Council Directive 96/59/EC of
      79/409,                                                                 16 September 1996 on the disposal of polychlorinated biphe-
                                                                              nyls and polychlorinated terphenyls (PCB/PCT), the Hellenic
the Portuguese Republic has failed to fulfil its obligations under            Republic has failed to fulfil its obligations under that directive
Article 23 of Directive 92/43 and Article 18 of Directive 79/                 and the EC Treaty, the Court (Fourth Chamber), composed of:
409, the Court, composed of: G.C. Rodríguez Iglesias, Presi-                  C.W.A. Timmermans, President of the Chamber, A. La Pergola
dent, J.-P. Puissochet, M. Wathelet, R. Schintgen and C.W.                    (Rapporteur) and S. von Bahr, Judges; L.A. Geelhoed, Advocate
A. Timmermans (Presidents of Chambers), C. Gulmann                            General; R. Grass, Registrar, has given a judgment on 5 June
(Rapporteur), D.A.O. Edward, A. La Pergola, P. Jann,                          2003, in which it:
V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha
Rodrigues and A. Rosas, Judges; S. Alber, Advocate General;
R. Grass, Registrar, has given a judgment on 24 June 2003, in                 1.    Declares that, by failing to draw up, within the prescribed
which it:                                                                           period, summaries of inventories of equipment with PCB
                                                                                    volumes of more than 5 dm3, plans for the decontamination
1.    Declares that by failing to implement in national law:                        and/or disposal of inventoried equipment and the PCBs
                                                                                    contained therein, and outlines for the collection and subsequent
      Article 3(3), Article 10, Article 11 and Article 12(4) of                     disposal of equipment which is not subject to inventory, in
      Council Directive 92/43/EEC of 21 May 1992 on the conser-                     accordance with Articles 4(1) and 11 of Council Directive 96/
      vation of natural habitats and of wild fauna and flora, and                   59/EC of 16 September 1996 on the disposal of polychlori-
                                                                                    nated biphenyls and polychlorinated terphenyls (PCB/PCT), the
      —     Article 7 and Article 8 of Council Directive 79/409/EEC                 Hellenic Republic has failed to fulfil its obligations under that
            of 2 April 1979 on the conservation of wild birds, and                  directive.
      —     by failing to implement correctly:
      Article 1, Article 6(1) to (4) and Article 12(1)(d) of Directive        2.    Orders the Hellenic Republic to pay the costs.
      92/43, and
      —     Article 2, Article 4(1) and (4) and Article 6 of Directive        (1) OJ C 118 of 18.05.2002.
            79/409,
      —     the Portuguese Republic has failed to fulfil its obligations
            under the EC Treaty;
2.    Dismisses the remainder of the application;
3.    Orders the Portuguese Republic to pay the costs.
                                                                                                JUDGMENT OF THE COURT
(1) OJ C 97 of 20.4.2002.
                                                                                                         (Fifth Chamber)
                                                                                                         of 19 June 2003
                   JUDGMENT OF THE COURT
                           (Fourth Chamber)                                   in Case C-161/02: Commission of the European Commu-
                                                                                                  nities v French Republic (1)
                             of 5 June 2003
in Case C-83/02: Commission of the European Commu-                            (Failure of a Member State to fulfil obligations — Directive
                    nities v Hellenic Republic (1)                            1999/94/EC — Failure to communicate implementing
                                                                                                             measures)
(Failure of a Member State to fulfil obligations — Waste
management — Articles 4(1) and 11 of Directive 96/59/EC                                                  (2003/C 184/31)
on the disposal of polychlorinated biphenyls and polychlori-
                    nated terphenyls (PCB/PCT))
                                                                                                   (Language of the case: French)
                            (2003/C 184/30)
                      (Language of the case: Greek)                           (Provisional translation; the definitive translation will be published in
                                                                                                    the European Court Reports)
(Provisional translation; the definitive translation will be published in
                       the European Court Reports)
                                                                              In Case C-161/02, Commission of the European Communities
In Case C-83/02, Commission of the European Communities                       (Agents: G. Valero Jordana and J. Adda) v French Republic
(Agents: H. Støvlbæk and M. Konstantinidis) v Hellenic                        (Agents: G. de Bergues and E. Puisais): Application for a
 ---pagebreak--- 2.8.2003                 EN                           Official Journal of the European Union                                              C 184/17
declaration that, by failing to communicate measures trans-                   under that directive, the Court (Third Chamber), composed of:
posing into national law the provisions of Directive 1999/94/                 J.-P. Puissochet (Rapporteur), President of the Chamber,
EC of the European Parliament and of the Council of                           F. Macken and J.N. Cunha Rodrigues, Judges; F.G. Jacobs,
13 December 1999 relating to the availability of consumer                     Advocate General; R. Grass, Registrar, has given a judgment
information on fuel economy and CO2 emissions in respect of                   on 5 June 2003, in which it:
the marketing of new passenger cars (OJ 2000 L 12, p. 16) or,
at any rate, by not informing the Commission fully thereof, the               1.    Declares that, by failing to adopt, within the prescribed period,
French Republic has failed to fulfil its obligations under that                     the laws, regulations and administrative provisions necessary to
directive, the Court (Fifth Chamber), composed of: M. Wathelet,                     comply with Directive 2000/14/EC of the European Parliament
President of the Chamber, C.W.A. Timmermans, D.A.O. Edward,                         and of the Council of 8 May 2000 on the approximation of
A. La Pergola (Rapporteur) and S. von Bahr, Judges; F.G. Jacobs,                    the laws of the Member States relating to the noise emission in
Advocate General; R. Grass, Registrar, has given a judgment on                      the environment by equipment for use outdoors, the Hellenic
19 June 2003, in which it:                                                          Republic has failed to fulfil its obligations under Article 22(1)
                                                                                    of that directive;
1.    Declares that, by failing to communicate to the Commission of
      the European Communities the national implementing measures             2.    Orders the Hellenic Republic to pay the costs.
      required by Directive 1999/94/EC of the European Parliament
      and of the Council of 13 December 1999 relating to the
      availability of consumer information on fuel economy and CO2            (1) OJ C 289 of 23.11.2002.
      emissions in respect of the marketing of new passenger cars, the
      French Republic has failed to fulfil its obligations under that
      directive;
2.    Orders the French Republic to pay the costs.
                                                                              Action brought on 9 May 2003 by Portuguese Republic
(1) OJ C 169 of 13.7.2002.                                                         against Commission of the European Communities
                                                                                                        (Case C-190/03)
                                                                                                        (2003/C 184/33)
                   JUDGMENT OF THE COURT
                                                                              An action against the Commission of the European Commu-
                                                                              nities was brought before the Court of Justice of the European
                           (Third Chamber)                                    Communities on 9 May 2003 by the Portuguese Republic,
                                                                              represented by L. Fernandes, acting as Agent, and C. Botelho
                            of 5 June 2003                                    Moniz and E. Maia Cadete, lawyers, with an address for service
                                                                              in Luxembourg.
in Case C-352/02: Commission of the European Commu-
                    nities v Hellenic Republic (1)                            The applicant claims that the Court should:
                                                                              —     annul the decision of the Director-General of the Directo-
(Failure of a Member State to fulfil obligations — Failure to                       rate General for Agriculture of the European Commission,
transpose Directive 2000/14/EC — Noise emission in the                              reference No AGR 05697, of 19 February 2003, with
                              environment)                                          regard to ‘Clearance of the EAGGF Guarantee Section
                                                                                    accounts pursuant to Article 5(2)(c) of Regulation (EEC)
                            (2003/C 184/32)                                         No 729/70 (1) and Article 7(4) of Regulation (EC)
                                                                                    No 1258/1999 (2) — Inquiry AP/2000/10 into premia for
                                                                                    beef, pursuant to Regulations (EEC) No 3508/92 (3) (EEC)
                      (Language of the case: Greek)
                                                                                    No 3887/92 (4) and (EEC) No 3886/92 (5) — Conciliation
                                                                                    Procedure No 02/PT/202’;
(Provisional translation; the definitive translation will be published in
                       the European Court Reports)                            —     order the defendant institution to pay the costs.
In Case C-352/02, Commission of the European Communities
(Agent: M. Konstantinidis) v Hellenic Republic (Agent:                        Pleas in law and main arguments
N. Dafniou): Application for a declaration that, by failing to
adopt or by failing to notify to the Commission the laws,                     —     Lack of competence of the Commission inasmuch as it
regulations and administrative provisions necessary to comply                       infringed Article 4 of its Rules of Procedure: The Director-
with Directive 2000/14/EC of the European Parliament and of                         General of the Directorate General for Agriculture does
the Council of 8 May 2000 on the approximation of the laws                          not have powers to adopt a measure such as the
of the Member States relating to the noise emission in the                          contested decision and he did not rely on any delegation
environment by equipment for use outdoors (OJ 2000 L 162,                           of powers enabling him so to do. Accordingly, he clearly
p. 1), the Hellenic Republic has failed to fulfil its obligations                   acted ultra vires.