CELEX: C1999/333/17
Language: en
Date: 1999-11-20 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 8 July 1999 in Case C-203/98: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations - Articles 6 and 52 of the EC Treaty (now, after amendment, Articles 12 EC and 43 EC) - Air traffic - Registration of aircraft)

20.11.1999               EN                     Official Journal of the European Communities                                               C 333/9
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                         (Fourth Chamber)                                                            (Fifth Chamber)
                            of 8 July 1999                                                             of 8 July 1999
in Case C-203/98: Commission of the European Communi-                      in Case C-215/98: Commission of the European Communi-
                  ties v Kingdom of Belgium (1)                                                ties v Hellenic Republic (1)
(Failure by a Member State to fulfil its obligations —                     (Failure by a Member State to fulfil its obligations —
Articles 6 and 52 of the EC Treaty (now, after amendment,                  Directive 91/157/EEC on batteries and accumulators con-
Articles 12 EC and 43 EC) — Air traffic — Registration of                  taining certain dangerous substances — Failure by a Member
                               aircraft)                                   State to adopt the programmes provided for in Article 6 of
                                                                                                       the Directive)
                           (1999/C 333/17)
                                                                                                     (1999/C 333/18)
                     (Language of the case: French)
                                                                                                (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-203/98: Commission of the European Communities
(Agent: Maria Patakia) v Kingdom of Belgium (Agent: Anni                   In Case C-215/98: Commission of the European Communities
Snoecx) — application for a declaration that, by requiring that            (Agent: Maria Condou-Durande) v Hellenic Republic (Agents:
Community operators be resident or established for one year                Aikaterini Samoni-Rantou and Nana Dafniou) — application
in Belgium in order to register aircraft there and by refusing to          for a declaration that, by failing to draw up and notify within
authorise flights requested by them, thus unjustifiably or                 the prescribed period the programmes provided for in Article 6
excessively hindering the temporary or permanent provision                 of Council Directive 91/157/EEC of 18 March 1991 on batteri-
of services in the field of air traffic other than for transport,          es and accumulators containing certain dangerous substances
the Kingdom of Belgium has failed to fulfil its obligations                (OJ 1991 L 78, p. 38), the Hellenic Republic has failed to
under Articles 6, 52 and 59 of the EC Treaty (now, after                   fulfil its obligations under that directive — the Court (Fifth
amendment, Articles 12 EC, 43 EC and 49 EC) — the Court                    Chamber), composed of: J.-P. Puissochet, President of the
(Fourth Chamber), composed of: P.J.G. Kapteyn, President of                Chamber, P. Jann, C. Gulmann (Rapporteur), D.A.O. Edward
Chamber, J.L. Murray and H. Ragnemalm (Rapporteur), Judges;                and L. Sevón, Judges; F.G. Jacobs, Advocate General; R. Grass,
S. Alber, Advocate General; R. Grass, Registrar, has given a               Registrar, has given a judgment on 8 July 1999, in which it:
judgment on 8 July 1999, in which it:
                                                                           1. Declared that, by failing to draw up within the prescribed
1. Declares that, by requiring Community operators to be resident               period the programmes provided for in Article 6 of Council
    or established for one year in Belgium before they can register             Directive 91/157/EEC of 18 March 1991 on batteries and
    aircraft there, the Kingdom of Belgium has failed to fulfil its             accumulators containing certain dangerous substances, the Hell-
    obligations under Articles 6 and 52 of the EC Treaty (now, after            enic Republic has failed to fulfil its obligations under that article;
    amendment, Articles 12 EC and 43 EC);
                                                                           2. Ordered the Hellenic Republic to pay the costs.
2. Orders the Kingdom of Belgium to pay the costs.
(1) OJ No C 234 of 25.7.1998.                                              (1) OJ C 278 of 5.9.1998.