CELEX: C1999/352/05
Language: en
Date: 1999-12-04 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 9 September 1999 in Case C-102/97 Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations - Directive 87/101/EEC - Disposal of waste oils - Transposition of the directive)

4.12.1999                 EN                     Official Journal of the European Communities                                            C 352/3
2. The demands of an investigation conducted by the national                1. Declares that, by failing to take the measures necessary to
     authorities may, in the absence of any deception or negligence on          give priority to the processing of waste oils by regeneration,
     the part of the person liable, and where that person has not been          notwithstanding that technical, economic and organisational
     informed that the investigation is being carried out, constitute a         constraints so allowed, the Federal Republic of Germany has
     special situation within the meaning of Article 13(1) of Council           failed to fulfil its obligations under Article 3(1) of Council
     Regulation (EEC) 1430/79 of 3 July 1979 on the repayment                   Directive 75/439/EEC of 16 June 1975 on the disposal of
     or remission of import or export duties, as amended by Council             waste oils, as amended by Council Directive 87/101/EEC of
     Regulation (EEC) No 3069/86 of 7 October 1986, where the                   22 December 1986;
     fact that the national authorities have, in the interests of the
     investigation, deliberately allowed offences or irregularities to be   2. Orders the Federal Republic of Germany to pay the costs.
     committed, thus causing the principal to incur a customs debt,
     places the principal in an exceptional situation in comparison
     with other operators engaged in the same business.                     (1) OJ C 142 of 10.5.1997.
3. Commission Decision C(98) 372 of 18 February 1998 is
     invalid.
(1) OJ C 113 of 11.4.1998.
                                                                                             JUDGMENT OF THE COURT
                                                                                                     (Sixth Chamber)
                   JUDGMENT OF THE COURT
                                                                                                  of 9 September 1999
                            (Fifth Chamber)
                                                                            in Case C-217/97: Commission of the European Communi-
                        of 9 September 1999                                             ties v Federal Republic of Germany(1)
in Case C-102/97 Commission of the European Communi-
              ties v Federal Republic of Germany(1)                         (Failure of a Member State to fulfil obligations — Directive
                                                                            90/313/EEC — Freedom of access to information on the
                                                                            environment — Definition of public authorities — Exclusion
(Failure of a Member State to fulfil obligations — Directive                of the courts, criminal prosecution authorities and disciplin-
87/101/EEC — Disposal of waste oils — Transposition of                      ary authorities — Partial communication of information —
                              the directive)                                Exclusion of the right to information during administrative
                                                                            proceedings — Amount of charges and mode of collecting
                            (1999/C 352/05)                                                                them)
                     (Language of the case: German)                                                   (1999/C 352/06)
(Provisional translation; the definitive translation will be published                         (Language of the case: German)
                     in the European Court Reports)
In Case C-102/97: Commission of the European Communities                    (Provisional translation; the definitive translation will be published
(Agent: Götz zur Hausen) v Federal Republic of Germany                                         in the European Court Reports)
(Agents: initially Ernst Röder and Bernd Kloke, and, sub-
sequently, Ernst Röder and Claus-Dieter Quassowski) —
Application for a declaration that, by failing to give priority to          In Case C-217/97: Commission of the European Communities
the recycling, rather than the thermal processing, of waste oils,           (Agent: Götz zur Hausen) v Federal Republic of Germany
notwithstanding that such processing is not precluded by any                (Agent: Ernst Röder, assisted by Dieter Sellner) — application
economic, technical or organisational constraints, the Federal              for a declaration that the Federal Republic of Germany
Republic of Germany has failed to fulfil its obligations under              has failed to fulfil its obligations under Council Directive
Article 3(1) of Council Directive 75/439/EEC of 16 June 1975                90/313/EEC of 7 June 1990 on the freedom of access to
on the disposal of waste oils (OJ 1975 L 194, p. 23), as                    information on the environment (OJ 1990 L 158, p. 56), in
amended by Council Directive 87/101/EEC of 22 December                      particular Article 2(b), Article 3(2), third indent of the first
1986 (OJ 1987 L 42, p. 43) — the Court (Fifth Chamber),                     subparagraph and second subparagraph, and Article 5 thereof
composed of: J.-P. Puissochet, President of the Chamber,                    — the Court (Sixth Chamber), composed of: P.J.G. Kapteyn,
P. Jann, J.C. Moitinho de Almeida, L. Sevón (Rapporteur) and               President of the Chamber, G. Hirsch and R. Schintgen (Rappor-
M. Wathelet, Judges, N. Fennelly, Advocate General; D. Louter-              teur), Judges; N. Fennelly, Advocate General; L. Hewlett, Princi-
man-Hubeau, Principal Administrator, for the Registrar, has                 pal Administrator, for the Registrar, has given a judgment on
given a judgment on 9 September 1999, in which it:                          9 September 1999, in which it held: