CELEX: C1998/278/06
Language: en
Date: 1998-09-05 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 18 June 1998 in Case C-208/97: Commission of the European Communities v. Portuguese Republic (Failure to fulfil obligations - Directive 84/156/EEC - Failure to transpose within the prescribed period)

C 278/4               EN                  Official Journal of the European Communities                                      5.9.98
               JUDGMENT OF THE COURT                                                  JUDGMENT OF THE COURT
                       (Sixth Chamber)                                                       (Sixth Chamber)
                        of 18 June 1998                                                      of 25 June 1998
in   Case    C-208/97: Commission of the European                    in Case C-192/96 (reference for a preliminary ruling from
           Communities v. Portuguese Republic (1)                    the Netherlands Raad van State): Beside BV and I. M.
(Failure to fulfil obligations Ð Directive 84/156/EEC Ð              Besselsen v. Minister van Volkshuisvesting, Ruimtelijke
      Failure to transpose within the prescribed period)                                Ordening en Milieubeheer (1)
                         (98/C 278/06)                               (Management, transport and storage of municipal/
                                                                                    household waste Ð Illegal traffic)
                                                                                              (98/C 278/07)
              (Language of the case: Portuguese)
                                                                                       (Language of the case: Dutch)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
In Case C-208/97: Commission of the European                          (Provisional translation; the definitive translation will be
Communities (Agent: Francisco de Sousa Fialho) v.                             published in the European Court Reports)
Portuguese Republic (Agents: Luís Fernandes and JoaÄo
Lopes Fernandes) Ð application for a declaration that, by
failing to adopt within the period prescribed the laws,
regulations and administrative provisions necessary to               In Case C-192/96: reference to the Court under Article 177
comply with Council Directive 84/156/EEC of 8 March                  of the EC Treaty from the Netherlands Raad van State
1984 om limit values and quality objectives for mercury              (Council of State), for a preliminary ruling in the
discharges by sectors other than the chlor-alkali                    proceedings pending before that court between Beside BV
electrolysis industry (OJ L 74, 17.3.1984, p. 49), and, in           and I. M. Besselsen and Minister van Volkshuisvesting,
particular, by failing to draw up the specific programmes            Ruimtelijke Ordening en Milieubeheer Ð on the
required by that Directive, and in the alternative, by               interpretation of Council Regulation (EEC) No 259/93 of
failing forthwith to inform the Commission of such                   1 February 1993 on the supervision and control of
measures, the Portuguese Republic has failed to fulfil its           shipments of waste within, into and out of the European
obligations under the third paragraph of Article 189 of the          Community (OJ L 30, 6.2.1993, p. 1) and of Council
EC Treaty and under that Directive Ð the Court (Sixth                Directive 75/442/EEC of 15 July 1975 on waste (OJ L 194,
Chamber), composed of: H. Ragnemalm, President of the                25.7.1975, p. 39), as amended by Council Directive 91/
Chamber, G. F. Mancini, J. L. Murray, G. Hirsch and                  156/EEC of 18 March 1991 amending Directive 75/442/
K. M. Ioannou (Rapporteur), Judges; P. LeÂger, Advocate-             EEC on waste (OJ L 78, 26.3.1991, p. 32) Ð the Court
General; R. Grass, Registrar, has given a judgment on                (Sixth Chamber), composed of: H. Ragnemalm
18 June 1998, in which it:                                           (Rapporteur), President of the Chamber, G. F. Mancini,
                                                                     P. J. G. Kapteyn, J. L. Murray and G. Hirsch, Judges: F. G.
                                                                     Jacobs, Advocate-General; H. A. Rühl, Principal
                                                                     Administrator, for the Registrar, has given a judgment on
1. declares that, by failing to adopt within the period              25 June 1998, in which it has ruled:
     prescribed the laws, regulations and administrative
     provisions necessary to comply with Council Directive
     84/156/EEC of 8 March 1984 on limit values and
     quality objectives for mercury discharges by sectors
                                                                     1.    The expression municipal/household waste' referred
     other than the chlor-alkali electrolysis industry and, in
                                                                           to under AD 160 in the amber list in Annex III to
     particular, by failing to draw up the specific
                                                                           Council Regulation (EEC) No 259/93 of 1 February
     programmes required by that directive, the Portuguese
                                                                           1993 on the supervision and control of shipments of
     Republic has failed to fulfil its obligations under
                                                                           waste within, into and out of the European
     Article 4(1) of the said Directive;
                                                                           Community, as amended by Commission Decision
                                                                           94/721/EC of 21 October 1994 adapting, pursuant to
                                                                           Article 42(3), Annexes II, III and IV to Council
2. orders the Portuguese Republic to pay the costs.                        Regulation (EEC) No 259/93, includes both waste
                                                                           which for the most part consists of waste mentioned
                                                                           on the green list in Annex II to the Regulation,
(1) OJ C 228, 26.7.1997.                                                   mixed with other categories of waste appearing on
                                                                           that list, and waste mentioned on the green list mixed
                                                                           with a small quantity of materials not referred to on
                                                                           that list.