CELEX: C2002/084/48
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court 15 January 2002 in Case C-196/01: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Environment — Directive 75/442/EEC — Decision 94/3/EC — European Waste Catalogue)

6.4.2002                 EN                        Official Journal of the European Communities                                             C 84/29
to fulfil its obligations under that directive, the Court (Second             composed of: N. Colneric, President of the Chamber,
Chamber), composed of: N. Colneric, President of the Chamber,                 R. Schintgen (Rapporteur) and V. Skouris, Judges, Advocate
R. Schintgen (Rapporteur) and V. Skouris, Judges, Advocate                    General: D. Ruiz-Jarabo Colomer, Registrar: R. Grass, has given
General: D. Ruiz-Jarabo Colomer, Registrar: R. Grass, has given               a judgment on 17 January 2002, in which it:
a judgment on 17 January 2002, in which it:
                                                                              1.    Declares that by failing to adopt, within the prescribed period,
1.    Declares that, by failing to adopt within the period prescribed               all the laws, regulations and administrative provisions necessary
      the laws, regulations and administrative provisions necessary to              to comply with Council Directive 96/82/EC of 9 December
      comply with Council Directive 96/82/EC of 9 December 1996                     1996 on the control of major-accident hazards involving
      on the control of major-accident hazards involving dangerous                  dangerous substances, the Kingdom of Belgium has failed to
      substances, Ireland has failed to fulfil its obligations under that           fulfil its obligations under that directive;
      directive;
                                                                              2.    Orders the Kingdom of Belgium to pay the costs.
2.    Orders Ireland to pay the costs.
                                                                              (1) OJ C 28 of 27.1.2001.
(1) OJ C 355 of 9.12.2000.
                                                                                                 JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                                   15 January 2002
                         (Second Chamber)                                     in Case C-196/01: Commission of the European Communi-
                                                                                            ties v Grand Duchy of Luxembourg (1)
                          17 January 2002
                                                                              (Failure by a Member State to fulfil its obligations —
in Case C-423/00: Commission of the European Communi-                         Environment — Directive 75/442/EEC — Decision 94/3/EC
                  ties v Kingdom of Belgium (1)                                                  — European Waste Catalogue)
(Failure of a Member State to fulfil its obligations —                                                     (2002/C 84/48)
Directive 96/82/EC — Failure to implement within the
                          prescribed period)                                                         (Language of the case: French)
                           (2002/C 84/47)                                     (Provisional translation; the definitive translation will be published
                                                                                                    in the European Court Reports)
                     (Language of the case: French)
(Provisional translation; the definitive translation will be published        In Case C-196/01, Commission of the European Communities
                    in the European Court Reports)                            (Agents: H. Støvlbaek and J. Adda) v Grand Duchy of
                                                                              Luxembourg (Agents: N. Mackel, and, subsequently, J. Faltz):
                                                                              application for a declaration that the Grand Duchy of Luxem-
                                                                              bourg has failed to fulfil its obligations under Article 1(a) of
In Case C-423/00, Commission of the European Communities                      Council Directive 75/442/EEC of 15 July 1975 on waste (OJ
(Agent: G. zur Hausen) v Kingdom of Belgium (Agent:                           1975 L 194, p. 39), as amended by Council Directive
C. Pochet): application for a declaration that, by failing to                 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32),
adopt all the laws, regulations and administrative provisions                 and Commission Decision 94/3/EC of 20 December 1993
necessary to comply with Council Directive 96/82/EC of                        establishing a list of wastes pursuant to Article 1(a) of Directive
9 December 1996 on the control of major-accident hazards                      75/442 (OJ 1994 L 5, p. 15), the Court (First Chamber),
involving dangerous substances (OJ 1997 L 10, p. 13) and, in                  composed of: P. Jann, President of the Chamber, L. Sevón
any event, by failing to notify the Commission of those                       (Rapporteur) and M. Wathelet, Judges, Advocate General:
provisions, the Kingdom of Belgium has failed to fulfil its                   P. Léger, Registrar: R. Grass, has given a judgment on
obligations under that directive, the Court (Second Chamber),                 15 January 2002, in which it:
 ---pagebreak--- C 84/30                   EN                    Official Journal of the European Communities                                           6.4.2002
1.    Declares that the Grand Duchy of Luxembourg has failed to            1.    The application is dismissed as manifestly inadmissible.
      fulfil its obligations under Article 1(a) of Council Directive
      75/442/EEC of 15 July 1975 on waste, as amended by                   2.    The parties shall bear their own costs.
      Council Directive 91/156/EEC of 18 March 1991, and
      Commission Decision 94/3/EC of 20 December 1993 estab-
      lishing a list of wastes pursuant to Article 1(a) of Directive       (1) OJ C 226 of 7.8.1999.
      75/442;
2.    Orders the Grand Duchy of Luxembourg to pay the costs.
(1) OJ C 200 of 14.7.2001.
                                                                                                ORDER OF THE COURT
                                                                                                      (First Chamber)
                                                                                                   of 11 October 2001
                      ORDER OF THE COURT                                   in Case C-30/00 (reference for a preliminary ruling from
                                                                           the Supremo Tribunal Administrativo (Portugal)): William
                                                                           Hinton & Sons Lda v Fazenda Pública, intervener: Minis-
                           (Sixth Chamber)                                                            tério Público (1)
                        of 27 November 2001                                (Article 104(3) of the Rules of Procedure Post-clearance
                                                                           recovery of import duties — Entry in the accounts of the
in Case C-208/99: Portuguese Republic v Commission of                      import duties to be collected — Expiry of the time-limit for
                  the European Communities (1)                             taking action for recovery — Article 254 of the Act of
                                                                           Accession of Spain and Portugal — Obligation incumbent
                                                                           on the Portuguese Republic to proceed, at its own costs, to
(EAGGF, Guidance Section — Decision of the Commission                                the elimination of certain stocks of product)
withdrawing financial assistance granted under Article 8
of Regulation (EEC) No 4256/88 — Action for partial
annulment against the designation of a Member State as                                                 (2002/C 84/50)
               recipient — Manifestly inadmissible)
                                                                                             (Language of the case: Portuguese)
                            (2002/C 84/49)
                                                                           (Provisional translation; the definitive translation will be published
                   (Language of the case: Portuguese)                                          in the European Court Reports)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                        In Case C-30/00: reference to the Court under Article 234
                                                                           EC from the Supremo Tribunal Administrativo (Supreme
                                                                           Administrative Tribunal) for a preliminary ruling in the
                                                                           proceedings pending before that court between William Hin-
In Case C-208/99: Portuguese Republic (Agents: L. Fernandes,               ton & Sons Lda and Fazenda Pública, intervener: Ministério
Â. Cortesão de Seiça Neves and P. Fragão) v Commission of               Público — on the interpretation of Articles 1, 2 and 5 of
the European Communities (Agents: A.M. Alves Vieira and                    Council Regulation (EEC) No 1697/79 of 24 July 1979 on the
P. Oliver) — application for partial annulment of C(1999)543,              post-clearance recovery of import duties or export duties
C(1999)544 and C(1999)545 of 4 March 1999 withdrawing                      which have not been required of the person liable for payment
the assistance granted to Belgravia Lda, Floreurop — Productos             on goods entered for a customs procedure involving the
Florestais Lda and Ordinal-Gestão de Investimentos Lda                    obligation to pay such duties (OJ 1979 L 197, p. 1), Article 254
respectively under the Guidance Section of the European                    of the 1985 Act concerning the conditions of accession and
Agriculture Guidance and Guarantee Fund (EAGGF) — the                      the adjustments to the Treaties (OJ 1985 L 302, p. 23), Article 8
Court (Sixth Chamber), composed of: F. Macken, President,                  of Council Regulation (EEC) N3771/85 of 20 December 1985
N. Colneric, C. Gulmann, J.-P. Puissochet (Rapporteur) and                 on stocks of agricultural products in Portugal (OJ 1985 L 362,
V. Skouris, Judges; A. Tizzano, Advocate General; R. Grass,                p. 21) and Articles 4 and 8 of Commission Regulation (EEC)
Registrar, gave a judgment on 27 November 2001, the                        No 579/86 of 28 February 1986 laying down detailed rules
operative part of which is as follows:                                     relating to stocks of products in the sugar sector in Spain and