CELEX: C2004/071/07
Language: en
Date: 2004-03-20 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 29 January 2004 in Case C-218/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 96/29/Euratom — Protection of the health of workers and the general public against the dangers arising from ionizing radiation — Failure to transpose in whole territory)

20.3.2004                  EN                           Official Journal of the European Union                                                  C 71/5
course in the district of Wörschach in the Province of Styria                   with an address for service in Luxembourg, v United Kingdom
despite a negative assessment of the implications for the                       of Great Britain and Northern Ireland (Agent: K. Manji):
habitat of the corncrake (crex crex) in the special protection                  Application for a declaration that, by failing to adopt the laws,
area, within the meaning of Article 4 of Council Directive 79/                  regulations and administrative provisions necessary to comply
409/EEC of 2 April 1979 on the conservation of wild birds                       with Council Directive 96/29/Euratom laying down basic
(OJ 1979 L 103, p. 1), situated in that district, the Republic of               safety standards for the protection of the health of workers
Austria has failed to fulfil its obligations under Article 6(3)                 and the general public against the dangers arising from
and (4), in conjunction with Article 7, of Council Directive 92/                ionizing radiation (OJ 1996 L 159, p. 1) in its whole territory,
43/EEC of 21 May 1992 on the conservation of natural                            or in any event by failing to communicate them to the
habitats and of wild fauna and flora (OJ 1992 L 206, p. 7), the                 Commission, the United Kingdom of Great Britain and North-
Court (Second Chamber), composed of: C.W.A. Timmermans,                         ern Ireland has failed to fulfil its obligations under that
President of the Chamber, C. Gulmann (Rapporteur),                              directive, the Court (Fourth Chamber), composed of:
J.N. Cunha Rodrigues, J.-P. Puissochet and N. Colneric, Judges;                 C.W.A. Timmermans (Rapporteur), acting for the President of
P. Léger, Advocate General; R. Grass, Registrar, has given a                    the Fourth Chamber, A. La Pergola and S. von Bahr, Judges;
judgment on 29 January 2004, in which it:                                       A. Tizzano, Advocate General; R. Grass, Registrar, has given a
                                                                                judgment on 29 January 2004, in which it:
1.     Declares that, by authorising the proposed extension of the golf
       course in the district of Wörschach in the Province of Styria            1.   Declares that, by failing to adopt, within the prescribed period,
       despite a negative assessment of its implications for the habitat             the laws, regulations and administrative provisions necessary to
       of the corncrake (crex crex) in the ‘Wörschacher Moos’ special                comply with Council Directive 96/29/Euratom laying down
       protection area situated in that district and classified as provided          basic safety standards for the protection of the health of workers
       for in Article 4 of Council Directive 79/409/EEC of 2 April                   and the general public against the dangers arising from ionizing
       1979 on the conservation of wild birds, the Republic of Austria               radiation in its whole territory, the United Kingdom of Great
       has failed to fulfil its obligations under Article 6(3) and (4), in           Britain and Northern Ireland has failed to fulfil its obligations
       conjunction with Article 7, of Council Directive 92/43/EEC of                 under that directive;
       21 May 1992 on the conservation of natural habitats and of
       wild fauna and flora;                                                    2.   Orders the United Kingdom of Great Britain and Northern
                                                                                     Ireland to pay the costs.
2.     Orders the Republic of Austria to pay the costs.
                                                                                (1) OJ C 180 of 27.7.2002.
(1 ) OJ C 169 of 13.7.2002.
                                                                                Reference for a preliminary ruling by the Magistrates’
                   JUDGMENT OF THE COURT                                        Court, Bitonto by order of that court of 21 November
                                                                                2003 in the case of Vincenzo Manfredi against Lloyd
                                                                                                     Adriatico Assicurazioni
                           (Fourth Chamber)
                                                                                                         (Case C-509/03)
                           of 29 January 2004
                                                                                                           (2004/C 71/08)
in Case C-218/02: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
                                 Ireland (1)
                                                                                Reference has been made to the Court of Justice of the
(Failure of a Member State to fulfil obligations — Directive                    European Communities by order of the Magistrates’ Court,
96/29/Euratom — Protection of the health of workers and                         Bitonto of 21 November 2003, received at the Court Registry
the general public against the dangers arising from ionizing                    on 4 December 2003, for a preliminary ruling in the case of
      radiation — Failure to transpose in whole territory)                      Vincenzo Manfredi against Lloyd Adriatico Assicurazioni. The
                                                                                Magistrates’ Court, Bitonto asks the Court to give a ruling on
                                                                                the following questions:
                              (2004/C 71/07)
                                                                                1.   Do the facts as found in Judgment No 2199 of the
                     (Language of the case: English)                                 Consiglio di Stato (Council of State) of 23 April 2002 and
                                                                                     in Judgment No 6139 of the Tribunale Amministrativo
                                                                                     Regionale (Regional Administrative Court), Lazio (Rome)
                                                                                     of 5 July 2001, which are deemed to be set out here in
In Case C-218/02, Commission of the European Communities                             full, constitute infringements of Community law, in
(Agents: initially T.F. Cusack, and, subsequently, X. Lewis),                        particular of Articles 81 EC and 82 EC?