CELEX: C2002/191/13
Language: en
Date: 2002-08-10 00:00:00
Title: Judgment of the Court of 18 June 2002 in Case C-60/01: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Directives 89/369/EEC and 89/429/EEC — Air pollution — Municipal waste incineration plants — Incinerators in France)

C 191/8                  EN                      Official Journal of the European Communities                                          10.8.2002
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                          (Sixth Chamber)                                                              of 18 June 2002
                           of 18 June 2002
                                                                            in Case C-60/01: Commission of the European Communi-
                                                                                                 ties v French Republic (1)
in Case C-398/00: Kingdom of Spain v Commission of the
                    European Communities (1)
                                                                            (Failure of a Member State to fulfil its obligations —
                                                                            Directives 89/369/EEC and 89/429/EEC — Air pollution —
(State aid — Plans notified — No decision by the Com-                       Municipal waste incineration plants — Incinerators in
mission within the two-month time-limit — Time-limit of                                                    France)
15 working days for initiating the formal investigation
procedure — Calculation of the time-limit — Conditions
governing prior notice by the Member State and notification                                            (2002/C 191/13)
        of the Commission’s decision — Service by fax)
                                                                                                 (Language of the case: French)
                           (2002/C 191/12)
                   (Language of the case: Spanish)                          (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-60/01, Commission of the European Communities
                                                                            (Agents: H. Støvlbaek and J. Adda) v French Republic (Agents:
                                                                            G. de Bergues and D. Colas, and, subsequently, R. Abraham
In Case C-398/00, Kingdom of Spain (Agent: S. Ortiz Vaamon-                 and D. Colas): Application for a declaration that, by failing to
de) v Commission of the European Communities (Agents:                       adopt all the necessary and appropriate measures to ensure
G. Rozet and R. Vidal): Application for annulment of the                    that all incinerators currently operating in France are operated
Commission’s decision of 17 August 2000, notified to the                    in accordance with the combustion conditions laid down by
Kingdom of Spain by letter SG (2000) D/106322 of 22 August                  Council Directive 89/369/EEC of 8 June 1989 on the preven-
2000 and published in the Official Journal of the European                  tion of air pollution from new municipal waste incineration
Communities of 18 November 2000 (OJ 2000 C 328, p. 19), to                  plants (OJ 1989 L 163, p. 32) and Council Directive 89/429/
initiate the formal investigation procedure for assessing the               EEC of 21 June 1989 on the reduction of air pollution from
compatibility with the EC Treaty of aid to Santana Motor SA,                existing municipal waste incineration plants (OJ 1989 L 203,
in respect of all measures therein referred to, other than the              p. 50) or that they ceased to operate by the due date, namely
guarantee granted in June 1998, the Court (Sixth Chamber),                  1 December 1990 as regards new plants and 1 December
composed of: F. Macken, President of the Chamber, J-P. Puisso-              1996 as regards existing plants, the French Republic has failed
chet (Rapporteur), and V. Skouris, Judges; S. Alber, Advocate               to fulfil its obligations under Article 4(1) of Directive 89/
General; R. Grass, Registrar, has given a judgment on 18 June               369, Articles 2(a) and 4 of Directive 89/429 and the third
2002, in which it:                                                          paragraph of Article 249 EC, the Court, composed of:
                                                                            G.C. Rodrı́guez Iglesias, President, P. Jann, F. Macken, N. Col-
                                                                            neric and S. von Bahr (Presidents of Chambers), A. La Pergola,
1.    Annuls the Commission’s decision of 17 August 2000, notified
                                                                            J.-P. Puissochet, M. Wathelet, V. Skouris, J.N. Cunha Rodrigues
      to the Kingdom of Spain by letter SG (2000) D/106322 of               and C.W.A. Timmermans (Rapporteur), Judges; S. Alber,
      22 August 2000, to initiate the formal investigation procedure
                                                                            Advocate General; R. Grass, Registrar, has given a judgment
      for assessing the compatibility with the EC Treaty of aid to          on 18 June 2002, in which it:
      Santana Motor SA, in respect of all measures therein referred
      to, other than the guarantee granted in June 1998;
                                                                            1.     Declares that, by failing to adopt all the necessary and
2.    Orders the Commission of the European Communities to pay                     appropriate measures to ensure that all incinerators in France
      the costs.                                                                   are operated in accordance with the combustion conditions laid
                                                                                   down by Council Directive 89/369/EEC of 8 June 1989 on
                                                                                   the prevention of air pollution from new municipal waste
(1) OJ C 28 of 27.1.2001.                                                          incineration plants and Council Directive 89/429/EEC of
                                                                                   21 June 1989 on the reduction of air pollution from existing
                                                                                   municipal waste incineration plants or that they ceased to
                                                                                   operate by the due date, namely 1 December 1990 as regards
 ---pagebreak--- 10.8.2002               EN                       Official Journal of the European Communities                                            C 191/9
      new plants and 1 December 1996 as regards existing plants,            1.    Declares that, by maintaining a condition relating to duration
      the French Republic has failed to fulfil its obligations under              of residence in the territory of Luxembourg for the grant of the
      Article 4(1) of Directive 89/369 and Articles 2(a) and 4 of                 guaranteed minimum income provided for by its legislation, the
      Directive 89/429;                                                           Grand Duchy of Luxembourg has failed to fulfil its obligations
                                                                                  under Article 7(2) of Regulation (EEC) No 1612/68 of the
2.    Orders the French Republic to pay the costs.                                Council of 15 October 1968 on freedom of movement for
                                                                                  workers within the Community and Article 43 EC;
                                                                            2.    Orders the Grand Duchy of Luxembourg to pay the costs.
(1) OJ C 108 of 7.4.2001.
                                                                            (1) OJ C 289 of 13.10.2001.
                 JUDGMENT OF THE COURT
                                                                                                 ORDER OF THE COURT
                        (Fourth Chamber)
                                                                                                       (Fifth Chamber)
                          of 20 June 2002
                                                                                                        of 5 June 2002
in Case C-299/01: Commission of the European Communi-
            ties v Grand Duchy of Luxembourg (1)                            in Case C-204/00 P: Aalborg Portland A/S v Commission
                                                                                            of the European Communities (1)
(Failure by a Member State to fulfil its obligations —                      (Appeals — Competition — Cement — Article 85(1) of the
Article 7(2) of Regulation (EEC) No 1612/68 — Freedom of                    EC Treaty (now, Article 81(1) EC) — Appeal in part
movement for workers — Article 43 EC — Freedom of                                                  manifestly unfounded)
establishment — Social advantages — Guaranteed mini-
                            mum income)
                                                                                                       (2002/C 191/15)
                          (2002/C 191/14)
                                                                                                (Language of the case: Danish)
                    (Language of the case: French)                          (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-204/00 P: Aalborg Portland A/S, established in
                                                                            Aalborg (Denmark), represented by K. Dyekjær-Hansen and
                                                                            K. Høegh, lawyers — appeal against the judgment of the
In Case C-299/01, Commission of the European Communities                    Court of First Instance of the European Communities, Fourth
(Agent: H. Michard) v Grand Duchy of Luxembourg (Agent:                     Chamber, Extended Composition, of 15 March 2000 in Joined
N. Mackel): Application for a declaration that, by maintaining              Cases T-25/95, T-36/95, T-30/95 to T-32/95, T-34/95 to
a condition relating to duration of residence in the territory of           T-39/95, T-42/95 to T-46/95, T-48/95, T-50/95 to T-65/95,
Luxembourg for the grant of a guaranteed minimum income,                    T-68/95 to T-71/95, T-87/95 to T-88/95 and T-103/95 to
the Grand Duchy of Luxembourg has failed to fulfil its                      T-104/95 Cimenteries CBR and Others v Commission [2000]
obligations under Article 7(2) of Regulation (EEC) No 1612/                 ECR II-491, seeking to have that judgment partially set aside,
68 of the Council of 15 October 1968 on freedom of                          the other party to the proceedings being Commission of
movement for workers within the Community (OJ, English                      the European Communities (Agents: R. Lyal, assisted by
Special Edition 1968 (II), p. 475) and Article 43 EC, the Court             H.P. Hartvig) &mdash the Court (Fifth Chamber), composed of
(Fourth Chamber), composed of: S. von Bahr, President of the                P. Jann, President of the Chamber, D.A.O. Edward (Rappor-
Chamber, D.A.O. Edward (Rapporteur) and C.W.A. Timmer-                      teur), A. La Pergola, M. Wathelet and A. Rosas, Judges; D. Ruiz-
mans, Judges; D. Ruiz-Jarabo Colomer, Advocate General;                     Jarabo Colomer, Advocate General; R. Grass, Registrar, made
R. Grass, Registrar, has given a judgment on 20 June 2002, in               an order on 5 June 2002, the operative part of which is as
which it:                                                                   follows: