CELEX: C2000/192/14
Language: en
Date: 2000-07-08 00:00:00
Title: Case C-151/00: Action brought on 19 April 2000 by the Commission of the European Communities against the French Republic

C 192/8                 EN                    Official Journal of the European Communities                                            8.7.2000
     — Article 2 of Directive 89/369/EEC (1), inasmuch as the            The Commission of the European Communities claims that
          three plants are operating without any authorisation           the Court should:
          having been issued for that purpose;
                                                                         (1) declare that, by failing to bring into force and to communi-
     — Article 6 of Directive 89/369/EEC, inasmuch as, with                   cate to the Commission within the prescribed time-limit
          regard to the said plants, the competent authorities                the national measures necessary in order to transpose
                                                                              Articles 4(2), 6(1), (3) and (4), 7, 8(2), (3), (4) and (6), 11(2)
          — have not taken the periodic measurements in                       and 12 of Directive 97/66/EC (1), the French Republic has
              relation to the parameters prescribed by that article;          failed to comply with its obligations under Article 15 of
                                                                              the said directive;
          — have not given prior authorisation for the sampling
              and measurement procedures or determined the               (2) order the French Republic to pay the costs.
              location of the measurement points concerned;
          — have not laid down any measurement programme;
                                                                         Pleas in law and main arguments
     — Article 7 of Directive 89/369/EEC, inasmuch as the
          three plants are not equipped with auxiliary burners           The mandatory nature of the provisions of the third paragraph
          enabling a minimum combustion temperature of 850°              of Article 249 EC and the first paragraph of Article 10 EC is
          to be guaranteed, particularly during start-up and shut-       such as to oblige Member States to adopt the measures
          down operations,                                               necessary in order to transpose directives into their national
                                                                         legal order within the time-limit prescribed therein. The time-
     the Kingdom of Spain has failed to fulfil its obligations           limit fixed in Article 15(1) of the directive at issue in the
     under Directive 89/369/EEC;                                         present case expired on 24 October 1998 but France has not
                                                                         adopted the measures necessary to transpose the provisions of
(2) order the Kingdom of Spain to pay the costs.                         the articles referred to above.
Pleas in law and main arguments                                          (1) Directive 97/66/EC of the European Parliament and of the Council
                                                                             concerning the processing of personal data and the protection of
                                                                             privacy in the telecommunications sector (OJ L 24 of 30.1.1998,
Although the mandatory start-up authorisation had not been                   p. 1).
given, the automatic incineration plants located at Mazo and
Barlovento started to operate in January 1992; consequently,
Directive 89/369/EEC must be regarded as applicable to the
present case. In its letter of 3 February 1999 forwarding
information provided by the Consejerı́a de Industria y Comer-
cio (Ministry of Industry and Commerce) of the Government
of the Canaries, the Spanish Government acknowledged the
non-compliance indicated above.
                                                                         Reference for a preliminary ruling by the investigating
                                                                         judge at the Rechtbank van Eerste Aanleg, Turnhout, by
(1) Council Directive 89/369/EEC of 8 June 1989 on the prevention
    of air pollution from new municipal waste incineration plants (OJ
                                                                         order of 13 April 2000 in criminal proceedings against
    L 163 of 14.6.1989, p. 32).                                                                     P. der Weduwe
                                                                                                   (Case C-153/00)
                                                                                                   (2000/C 192/15)
                                                                         Reference has been made to the Court of Justice of the
Action brought on 19 April 2000 by the Commission of
                                                                         European Communities by order of 13 April 2000 by the
 the European Communities against the French Republic
                                                                         investigating judge at the Rechtbank van Eerste Aanleg, (First
                                                                         Instance Court), Turnhout which was received at the Court
                          (Case C-151/00)                                Registry on 25 April 2000, in criminal proceedings against
                                                                         P. der Weduwe for a preliminary ruling on the following
                          (2000/C 192/14)                                questions:
An action against the French Republic was brought before the             Where a credit institution authorised in a Member State in
Court of Justice on 19 April 2000 by the Commission of the               which breaches of banking secrecy are a criminal offence
European Communities, represented by Bernard Mongin, of its              operates, under the freedom to provide services, in another
Legal Service, acting as Agent, with an address for service in           Member State where there is no analogous banking secrecy,
Luxembourg at the office of Carlos Gómez de la Cruz, of its             must Article 49 EC (formerly Article 59 of the EC Treaty) be
Legal Service, Wagner Centre, Kirchberg.                                 interpreted: