CELEX: C2003/146/04
Language: en
Date: 2003-06-21 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 10 April 2003 in Case C-142/00 P: Commission of the European Communities v Nederlandse Antillen (Appeal — Arrangements for association of the overseas countries and territories — Imports of rice originating in the overseas countries and territories — Safeguard measures — Regulations (EC) No 2352/97 and No 2494/97 — Action for annulment — Inadmissibility of the action)

21.6.2003                EN                           Official Journal of the European Union                                               C 146/3
1.    Declares that:                                                                            JUDGMENT OF THE COURT
                                                                                                        (Sixth Chamber)
      —     by failing to adopt, within the prescribed period, provisions
            requiring the competent authority, before granting a
            permit to undertakings which regenerate waste oils or use                                   of 10 April 2003
            them as fuel, to satisfy itself that health is appropriately
            protected where waste oils are used as fuel and that the          in Case C-142/00 P: Commission of the European Com-
            best available technology not entailing excessive cost is                       munities v Nederlandse Antillen ( 1)
            used where waste oils are regenerated or used as fuel;
                                                                              (Appeal — Arrangements for association of the overseas
                                                                              countries and territories — Imports of rice originating in the
      —     by failing to lay down, within the prescribed period, that
                                                                              overseas countries and territories — Safeguard measures —
            residues from the combustion of waste oils are to be
                                                                              Regulations (EC) No 2352/97 and No 2494/97 — Action
            disposed of in accordance with the obligations flowing
                                                                                      for annulment — Inadmissibility of the action)
            from Article 9 of Council Directive 78/319/EEC of
            20 March 1978 on toxic and dangerous waste and, from
            27 June 1995, in accordance with the obligations arising                                     (2003/C 146/04)
            under Article 9 of Council Directive 75/442/EEC of
            15 July 1975 on waste, as amended by Council Directive
            91/156/EEC of 18 March 1991, which were already                                        (Language of the case: Dutch)
            owed by the Member States under Article 9 of Directive
            78/319;                                                           (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
      —     by not providing, within the prescribed period, for
            periodical inspection of undertakings which regenerate
            waste oils or use them as fuel, or for examination of             In Case C-142/00 P, Commission of the European Communi-
            trends in the state of technical development and/or of the        ties (Agent: T. van Rijn), supported by French Republic (Agents:
            environment with a view to revising, where necessary,             G. de Bergues and L. Bernheim) and by Council of the
            permits granted to those undertakings;                            European Union (Agents: J. Huber and G. Houttuin): Appeal
                                                                              against the judgment of the Court of First Instance of the
                                                                              European Communities (Third Chamber) of 10 February 2000
      —     by failing to convey to the Commission information                in Joined Cases T-32/98 and T-41/98 Nederlandse Antillen v
            concerning technical expertise and the experience gained          Commission [2000] ECR II-201, seeking to have that judgment
            and results obtained through the application of measures          set aside the other parties to the proceedings being: Nederland-
            taken pursuant to Council Directive 75/439/EEC of                 se Antillen (represented by M. M. Slotboom and P. V. F. Bos)
            16 June 1975 on the disposal of waste oils, as amended            and Kingdom of Spain (Agent: N. Díaz Abad), the Court (Sixth
            by Council Directive 87/101/EEC of 22 December                    Chamber), composed of: J.-P. Puissochet, President of the
            1986,                                                             Chamber, R. Schintgen, C. Gulmann, V. Skouris and F. Macken
                                                                              (Rapporteur), Judges; P. Léger, Advocate General; M.-F. Contet,
                                                                              Principal Administrator, for the Registrar, has given a judgment
                                                                              on 10 April 2003, in which it:
      the Portuguese Republic has failed to fulfil its obligations under
      Articles 6(2), 8(2)(a), 13 and 17 of Directive 75/439, as
      amended by Directive 87/101;                                            1.    Sets aside the judgment of the Court of First Instance of the
                                                                                    European Communities of 10 February 2000 in Joined Cases
                                                                                    T-32/98 and T-41/98 Nederlandse Antillen v Commission;
2.    Dismisses the remainder of the application;                             2.    Dismisses as inadmissible the Nederlandse Antillen’s appli-
                                                                                    cations for annulment;
3.    Orders the Portuguese Republic to pay the costs.                        3.    Orders the Nederlandse Antillen to pay the costs both at first
                                                                                    instance and on appeal;
                                                                              4.    Orders the Kingdom of Spain, the French Republic and the
( 1) OJ C 34 of 05.02.2000.                                                         Council of the European Union to bear their own costs.
                                                                              (1 ) OJ C 233 of 12.8.2000.