CELEX: C2003/146/02
Language: en
Date: 2003-06-21 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 8 May 2003 In Joined Cases C-328/99 and C-399/00: Italian Republic and SIM 2 Multimedia SpA v Commission of the European Communities (Action for annulment — Decision 2000/536/EC — State aid granted to Seleco SpA)

21.6.2003                  EN                          Official Journal of the European Union                                                C 146/1
                                                                            I
                                                                      (Information)
                                                        COURT OF JUSTICE
                                                                  COURT OF JUSTICE
                    JUDGMENT OF THE COURT                                       2.    dismisses the remainder of the applcation;
                                                                                3.    orders the Kingdom of Spain to pay the costs.
                            (Sixth Chamber)
                              of 8 May 2003                                     (1 ) OJ C 370 of 6.12.1997.
in Case C-349/97: Kingdom of Spain v Commission of the
                      European Communities ( 1)
          (EAGGF — Clearance of accounts — 1993)
                                                                                                 JUDGMENT OF THE COURT
                             (2003/C 146/01)                                                             (Sixth Chamber)
                      (Language of the case: Spanish)                                                      of 8 May 2003
(Provisional translation; the definitive translation will be published          In Joined Cases C-328/99 and C-399/00: Italian Republic
                      in the European Court Reports)                            and SIM 2 Multimedia SpA v Commission of the European
                                                                                                         Communities ( 1)
                                                                                (Action for annulment — Decision 2000/536/EC — State
In Case C-349/97: Kingdom of Spain (Agent: S. Ortiz Vaamon-                                         aid granted to Seleco SpA)
de) v Commission of the European Communites (Agent:
X. Lewis, with M. Carro) — application for the annulment, in
                                                                                                          (2003/C 146/02)
so far as it concerns the Kingdom of Spain, of Commission
Decision 97/608/EC of 30 July 1997 amending Decision 97/
333/EC on the clearance of the accounts presented by the                                            (Language of the case: Italian)
Member States in respect of the expenditure for 1993 of the
Guarantee Section of the European Agricultural Guidance and                     (Provisional translation; the definitive translation will be published
Guarantee Fund (EAGGF) (OJ 1997 L 245, p. 20) — the Court                                          in the European Court Reports)
(Sixth Chamber), composed of: J.-P. Puissochet, President of
Chamber, C. Gulmann, V. Skouris, F. Macken and N. Colneric
(Rapporteur), Judges; P. Léger, Advocate General; R. Grass,                     In Joined Cases C-328/99 and C-399/00, Italian Republic
Registrar, gave a judgment on 8 May 2003, in which it:                          (Agent: U. Leanza, assisted by O. Fiumara) and SIM 2
                                                                                Multimedia SpA (represented by A. Vianello) v Commission of
1.    annuls Commission Decision 97/608/EC of 30 July 1997                      the European Communities (Agent: G. Rozet, assisted by
      amending Decision 97/333/EC on the clearance of the accounts              A. Abate and E. Cappelli): Application, in Case C-328/99, for
      presented by the Member States in respect of the expenditure              annulment of Commission Decision 2000/536/EC of 2 June
      for 1993 of the Guarantee Section of the European Agricultural            1999 concerning State aid granted to Seleco SpA (OJ 2000
      Guidance and Guarantee Fund (EAGGF) in so far as concerns,                L 227, p. 24) and, in Case C-399/00, for annulment of
      first, the flat-rate correction of 100 % of aid declared concerning       Article 2(1) of that decision, in so far as it requires the Italian
      the company N. R. Sevillano and, second, the flat-rate correction         Republic to take the necessary measures to recover the aid
      of 10 % of the total eligible expenses for the establishment of           granted to Seleco SpA from Seleco Mulimedia Srl with regard
      the oil register;                                                         to the part not recoverable from the latter, the Court (Sixth
 ---pagebreak--- C 146/2                  EN                          Official Journal of the European Union                                        21.6.2003
Chamber), composed of: R. Schintgen, President of the Second                 —    by failing to adopt provisions by which the competent
Chamber, acting for the President of the Sixth Chamber,                           authority, before granting a permit to undertakings which
C. Gulmann (Rapporteur), V. Skouris, F. Macken and                                regenerate waste oils or use them as fuel, may satisfy itself
J.N. Cunha Rodrigues, Judges; L.A. Geelhoed, Advocate Gen-                        that health is appropriately protected where waste oils
eral; L. Hewlett, Principal Administrator, for the Registrar, has                 are used as fuel and that the best available technology not
given a judgment on 8 May 2003, in which it:                                      entailing excessive cost is used where waste oils are
                                                                                  regenerated or used as fuel;
1.    Annuls Article 2(1) of Commission Decision 2000/536/EC
      of 2 June 1999 concerning State aid granted by Italy to Seleco
      SpA in so far as it provides that the Italian Republic is to take
      all the necessary measures to recover the aid referred to in
      Article 1 from Seleco Multimedia Srl with regard to the part
      not recoverable from Seleco SpA;                                       —    by failing to lay down that residues from the combustion
                                                                                  of waste oils are to be disposed of in accordance with
                                                                                  Article 9 of Council Directive 78/319/EEC of 20 March
2.    Dismisses the remainder of the application;
                                                                                  1978 on toxic and dangerous waste (OJ 1978 L 84,
                                                                                  p. 43), and, from 27 June 1995, in accordance with
3.    Orders, in Case C-328/99, the Italian Republic and the                      Article 9 of Council Directive 75/442/EEC of 15 July
      Commission of the European Communities to bear their own                    1975 on waste (OJ 1975 L 194, p. 39), as amended by
      costs;                                                                      Council Directive 91/156/EEC of 18 March 1991 (OJ
                                                                                  1991 L 78, p. 32), which, pursuant to Council Directive
4.    Orders, in Case C-399/00, the Commission of the European                    91/689/EEC of 12 December 1991 on hazardous waste
      Communities to pay the costs.                                               (OJ 1991 L 377, p. 20), as amended by Council Directive
                                                                                  94/31/EC of 27 June 1994 (OJ 1994 L 168, p. 28),
                                                                                  replaced Article 9 of Directive 78/319;
( 1) OJ C 352 of 4.12.1999.
                                                                             —    by not providing for periodical inspection of undertakings
                                                                                  which regenerate waste oils or use them as fuel, or
                                                                                  for examination of trends in the state of technical
                 JUDGMENT OF THE COURT                                            development and/or of the environment with a view to
                                                                                  revising, where necessary, permits granted to those
                                                                                  undertakings;
                          (Sixth Chamber)
                          of 10 April 2003
in Case C-392/99: Commission of the European Communi-
                                                                             —    by failing to convey to the Commission information
                 ties v Portuguese Republic ( 1)
                                                                                  concerning technical expertise and the experience gained
                                                                                  and results obtained through the application of measures
(Failure of a Member State to fulfil its obligations —                            taken pursuant to Council Directive 75/439/EEC of
Directive 75/439/EEC — Disposal of waste oils — Incom-                            16 June 1975 on the disposal of waste oils (OJ 1975
                         plete transposition)                                     L 194, p. 23), as amended by Council Directive 87/101/
                                                                                  EEC of 22 December 1986 (OJ 1987 L 42, p. 43),
                           (2003/C 146/03)
                  (Language of the case: Portuguese)
                                                                             the Portuguese Republic has failed to fulfil its obligations
(Provisional translation; the definitive translation will be published       under Articles 6(2), 8(2)(a), 13 and 17 of Directive 75/439, as
                    in the European Court Reports)                           amended by Directive 87/101, and the first paragraph of
                                                                             Article 5 and the third paragraph of Article 189 of the EC
                                                                             Treaty (now the first paragraph of Article 10 EC and the third
                                                                             paragraph of Article 249 EC), the Court (Sixth Chamber),
In Case C-392/99, Commission of the European Communities                     composed of: J.-P. Puissochet, President of the Chamber,
(Agents: L. Ström and M.A. Caeiros) v Portuguese Republic                    R. Schintgen, V. Skouris (Rapporteur), F. Macken and N. Col-
(Agents: L. Fernandes and M. Telles Romão): Application for a                neric, Judges; C. Stix-Hackl, Advocate General; R. Grass,
declaration that:                                                            Registrar, has given a judgment on 10 April 2003, in which it: