CELEX: C2000/034/36
Language: en
Date: 2000-02-05 00:00:00
Title: Case C-466/99: Action brought on 3 December 1999 by the Commission of the European Communities against the Italian Republic

5.2.2000                  EN                    Official Journal of the European Communities                                      C 34/19
— The United Kingdom’s failure to take penal or administra-                laid down in the directive. That period expired on 30 June
     tive action against the skippers and vessel owners found              1996 without the United Kingdom having enacted the pro-
     not to have complied with the relevant legislation concern-           visions necessary to comply with the directive referred to in
     ing conservation and control measures is an infringement              the conclusions of the Commission.
     of Article 1(2) of Regulation 2057/82 as amended
     (Article 1(2) of Regulation 2241/87 from 1 August 1987).
                                                                           (1) OJ L 365 of 31.12.1994, p. 10.
(1) Council Regulation (EEC) No. 170/83 of 25 January 1983 estab-
    lishing a Community system for the conservation and manage-
    ment of fishery resources, OJ L 24, 27.1.1983, p. 1.
(2) Council Regulation (EEC) No. 2057/82 of 29 June 1982 estab-
    lishing certain control measures for fishing activities by vessels of
    the Member States, OJ L 220, 29.7.1982, p. 1.
(3) Council Regulation (EEC) No. 2241/87 of 23 July 1987 estab-
    lishing certain control measures for fishing activities OJ L 207,
    29.7.1987, p. 1.
                                                                           Action brought on 3 December 1999 by the Commission
                                                                           of the European Communities against the Italian Republic
                                                                                                   (Case C-466/99)
                                                                                                    (2000/C 34/36)
Action brought on 1 December 1999 by the Commission                        An action against the Italian Republic was brought before the
of the European Communities against the United                             Court of Justice of the European Communities on 3 December
                               Kingdom                                     1999 by the Commission of the European Communities,
                                                                           represented by Lena Ström, of its Legal Service, and Giacinto
                                                                           Bisogni, appeal court judge on secondment to the Legal
                           (Case C-455/99)                                 Service, acting as Agents, with an address for service in
                                                                           Luxembourg at the office of Carlos Gómez de la Cruz, of its
                                                                           Legal Service, Wagner Centre, Kirchberg.
                            (2000/C 34/35)
An action against the United Kingdom was brought before the                The applicant claims that the Court should:
Court of Justice of the European Communities on 1 December
1999 by the Commission of the European Communities,                        — Declare that, by failing to forward to the Commission
represented by Mr Richard Wainwright, Principal Legal                          information concerning plans for the management and
Adviser, acting as agent, with an address for service at the                   disposal of waste, hazardous waste, packaging and packag-
office of Mr Carlos Gómez de la Cruz, a member of its Legal                   ing waste, the Italian Republic has failed to fulfil its
Service, at the Wagner Centre, Luxembourg.                                     obligations under Articles 7, 6 and 14 of Directives
                                                                               75/442/EEC (1), 91/689/EEC (2) and 94/62/EC respective-
                                                                               ly (3);
The Applicant claims that the Court should:
                                                                           — Order the Italian Republic to pay the costs.
— declare that, by failing to adopt the laws regulations
     or administrative provisions necessary to comply with
     Directive 94/62/EC (1) of 20 December 1994 concerning
     packaging and packaging waste, the United Kingdom has                 Pleas in law and main arguments
     failed to fulfil its obligations under that Directive, and
— order the United Kingdom to pay the costs.                               The Italian Republic should have forwarded to the Commission
                                                                           the information required under Directives 75/442/EEC,
                                                                           91/689/EEC and 94/62/EC on the drawing up of plans for
                                                                           the management and disposal of waste, hazardous waste,
Pleas in law and main arguments                                            packaging and packaging waste pursuant to Articles 7, 6 and
                                                                           14 thereof respectively.
Article 249 CE (ex Article 189 of the EC Treaty), under which
a directive shall be binding, as to the result to be achieved,             The Italian Republic failed to do so, nor did the Commission
upon each Member State, carries by implication an obligation               receive the requisite information following the reasoned
on the Member States to observe the period for compliance                  opinion notified to the Italian authorities on 21 October 1998.
 ---pagebreak--- C 34/20               EN                    Official Journal of the European Communities                                         5.2.2000
In those circumstances, the Commission finds that the Italian               United Kingdom has failed to fulfil its obligations under
Republic has failed to fulfil its obligations under Community               that Directive, and
law.
                                                                       — order the United Kingdom to pay the costs.
(1) OJ 1975 L 194, p. 39.
(2) OJ 1991 L 377, p. 20.                                              Pleas in law and main arguments
(3) OJ 1994 L 365, p. 10.
                                                                       Article 249 EC (ex Article 189 of the EC Treaty), under which
                                                                       a directive shall be binding, as to the result to be achieved,
                                                                       upon each Member State, carries by implication an obligation
                                                                       on the Member States to observe the period for compliance
                                                                       laid down in the directive. That period expired on 16 March
Action brought on 6 December 1999 by the Commission                    1998 without the United Kingdom having enacted the pro-
                                                                       visions necessary to comply with the directive referred to in
of the European Communities against the United
                                                                       the conclusions of the Commission.
                            Kingdom
                        (Case C-468/99)                                (1) on the disposal of polychlorinated biphenyls and polychlorinated
                                                                           terphenyls (PCB/PCT), OJ L 243, 24.9.1996, p. 31.
                         (2000/C 34/37)
An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 6 December
1999 by the Commission of the European Communities,
represented by Mr Richard Wainwright, Principal Legal                          Removal from the register of Case C-90/99 (1)
Adviser, acting as agent, with an address for service at the
office of Mr Carlos Gómez de la Cruz, a member of its Legal                                     (2000/C 34/38)
Service, at the Wagner Centre, Luxembourg.
                                                                       By order of 22 October 1999 the President of the Court of
The Applicant claims that the Court should:                            Justice of the European Communities has ordered the removal
                                                                       from the register of Case C-90/99: Commission of the
— declare that, by failing to adopt the laws, regulations or
                                                                       European Communities v Portuguese Republic.
    administrative provisions necessary to comply with
    Council Directive 96/59/EC of 16 September 1996 (1) or
    in any event not informing the Commission thereof, the             (1) OJ C 160 of 5.6.1999.