CELEX: C2000/102/26
Language: en
Date: 2000-04-08 00:00:00
Title: Case C-46/00: Action brought on 14 February 2000 by the Commission of the European Communities against Ireland

8.4.2000              EN                    Official Journal of the European Communities                                        C 102/15
2. Dismiss the action for annulment of Regulation 1312/96              Pleas in law and main arguments
     lodged by Boehringer Ingelheim Vetmedica GmbH and
     C.H. Boehringer Sohn in T-152/96 as unfounded;
                                                                       The existing waste management plans currently notified to the
3. Order Boehringer Ingelheim Vetmedica GmbH and C.H.                  Commission under Article 7 of Directive 75/442/EEC do not
     Boehringer Sohn to pay the costs of this appeal;                  appear to cover the whole territory of the United Kingdom.
                                                                       From the information provided the Commission has had to
4. Order Boehringer Ingelheim Vetmedica GmbH and C.H.                  conclude that the United Kingdom has not notified sufficient
     Boehringer Sohn to bear the costs of the action for               waste plans to cover the whole territory of the United
     annulment in Case T-152/96.                                       Kingdom.
                                                                       As regards Directive 91/689/EEC, an examination of Annex I
Pleas in law and main arguments                                        of the Reasoned Opinion shows that 21 of the notified plans
                                                                       do not contain the requisite information relating to hazardous
The Commission submits that the Court of First Instance erred          waste. By virtue of Article 6 of this directive, the United
in law in finding that the Commission had exceeded its powers          Kingdom authorities are required to draw up plans for
by restricting the validity of the maximum residue limits              the management of hazardous waste. From the information
(MRLs) established in Regulation 1312/96.                              provided, the United Kingdom has failed to fulfil this obli-
                                                                       gation.
The Commission also submits that the reasoning used to
support that conclusion is contradictory, incomplete and               Furthermore, as regards Directive 94/62/EC, only one plan
wrong.                                                                 appears to include a chapter on packaging waste. By virtue of
                                                                       Article 14 of this directive, the United Kingdom authorities are
                                                                       required to include a specific chapter on the management of
(1) OJ C 318 of 26.10.1996, p. 15.                                     packaging and packaging waste in an Article 7 waste plan.
(2) OJ C 354 of 23.11.1996, p. 32.                                     From the information provided, the United Kingdom has failed
                                                                       to fulfil this obligation.
                                                                       (1) Of the Council of 15 July 1975 on waste (OJ L 194 of 25.7.1975,
                                                                           p. 39).
                                                                       (2) Of the Council of 12 December 1991 on hazardous waste (OJ
                                                                           L 377 of 31.12.1991, p. 20).
Action brought on 8 February 2000 by the Commission of                 (3) Of the European Parliament and Council of 20 December 1994
the European Communities against the United Kingdom                        on packaging and packaging waste (OJ L 365 of 31.12.1994,
                                                                           p. 10).
                         (Case C-35/00)
                        (2000/C 102/25)
An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 8 February
2000 by the Commission of the European Communities,
represented by Mr Richard Wainwright, Principal Legal                  Action brought on 14 February 2000 by the Commission
Adviser, and Ms Lena Ström, Legal Adviser, acting as agents,                   of the European Communities against Ireland
with an address for service in Luxembourg at the office of
Mr Carlos Gómez de la Cruz, Centre Wagner.
                                                                                                  (Case C-46/00)
The Applicant claims that the Court should:
                                                                                                (2000/C 102/26)
— declare that, by failing to draw up waste-management
     plans in conformity with all the requirements of Directives       An action against Ireland was brought before the Court of
     75/442/EEC (1), 91/689/EEC (2) and 94/62/EC (3) concern-          Justice of the European Communities on 14 February 2000 by
     ing waste and/or inform the Commission thereof, the               the Commission of the European Communities, represented
     United Kingdom Government has failed to fulfil its obli-          by Karen Banks, Legal Adviser, and Bernard Mongin, member
     gations under Articles 7, 6 and 14 respectively of these          of the Legal Service acting as agents, with an address for service
     Directives,                                                       at the office of Carlos Gómez de la Cruz, also of the
                                                                       Legal Service of the Commission, Wagner Centre, Kirchberg,
— order the United Kingdom to pay the costs.                           Luxembourg.
 ---pagebreak--- C 102/16                EN                     Official Journal of the European Communities                                     8.4.2000
The Applicant claims that the Court should:                                      Removal from the register of Case C-399/95 (1)
1) declare that by failing to notify the laws, regulations                                       (2000/C 102/29)
     or administrative provisions necessary to comply with
     Commission Directive 98/21/EC of 8 April 1998 (1)                    By order of 13 December 1999 the President of the Court of
     amending Council Directive 93/16/EEC (2) to facilitate the           Justice of the European Communities has ordered the removal
     free movement of doctors and the mutual recoginition of              from the register of Case C-399/95: Federal Republic of
     their diplomas, certificates and other evidence of formal            Germany v Commission of the European Communities.
     qualifications, or by failing to adopt the measures necessary
     to comply with it, Ireland has failed to fulfil its obligations
     under that Directive                                                 (1) OJ C 77 of 16.3.1996.
2) order Ireland to pay the costs of these proceedings.
Pleas in law and main arguments
                                                                                 Removal from the register of Case C-195/96 (1)
Article 249 EC (ex Article 189 of the EC Treaty), under which
a directive shall be binding as to the result to be achieved,
upon each Member State, carries by implication an obligation                                     (2000/C 102/30)
on the Member States to observe the period for compliance
laid down in the directive. That period expired on 31 December            By order of 13 December 1999 the President of the Court of
1998 without Ireland having enacted the provisions necessary              Justice of the European Communities has ordered the removal
to comply with the directive referred to in the conclusions of            from the register of Case C-195/96: Federal Republic of
the Commission.                                                           Germany v Commission of the European Communities.
                                                                          (1) OJ C 247 of 24.8.1996.
(1) OJ L 119 of 22.4.1998, p. 15.
(2) OJ L 165 of 7.7.1993, p. 1.
                                                                                 Removal from the register of Case C-333/98 (1)
      Removal from the register of Case C-255/92 P (1)                                           (2000/C 102/31)
                         (2000/C 102/27)                                  By order of 17 January 2000 the President of the Court of
                                                                          Justice of the European Communities has ordered the removal
By order of 9 December 1999 the President of the Court of                 from the register of Case C-333/98 (reference for a preliminary
Justice of the European Communities has ordered the removal               ruling from the Commissione dei v i Provvedimenti dell’Ufficio
from the register of Case C-255/92 P: BASF AG v Commission                Italiano Brevetti e Marchi): Merck & Co Inc. v Ufficio Italiano
of the European Communities.                                              Brevetti e Marchi.
(1) OJ C 187 of 24.7.1992.                                                (1) OJ C 327, 24.10.1998.
                                                                                 Removal from the register of Case C-291/99 (1)
       Removal from the register of Case C-129/99 (1)
                                                                                                 (2000/C 102/32)
                         (2000/C 102/28)
                                                                          By order of 18 January 2000 the President of the Court of
By order of 10 December 1999 the President of the Court of                Justice of the European Communities has ordered the removal
Justice of the European Communities has ordered the removal               from the register of Case C-291/99 (reference for a preliminary
from the register of Case C-129/99: Federal Republic of                   ruling from the Tribunale di Trieste, Prima Sezione Civile):
Germany v Commission of the European Communities.                         Crossbow Srl v Ministero delle Finanze.
(1) OJ C 188 of 3.7.1999.                                                 (1) OJ C 314, 30.10.1999.