Gianni Bettati v Safety Hi-Tech Srl.
Date: 1998-07-14
20 It is settled law that Community legislation must, so far as possible, be interpreted in a manner that is consistent with international law, in particular where its provisions are intended specifically to give effect to an international agreement concluded by the Community (see to that effect Case C-61/94 Commission v Germany [1996] ECR I-3989, paragraph 52).
35 However, in view of the need to strike a balance between certain of the objectives and principles mentioned in Article 130r and of the complexity of the implementation of those criteria, review by the Court must necessarily be limited to the question whether the Council, by adopting the Regulation, committed a manifest error of appraisal regarding the conditions for the application of Article 130r of the Treaty.
41 As the Court held in Case C-379/92 Peralta [1994] ECR I-3453, paragraph 57, Article 130r is confined to defining the general objectives of the Community in the matter of the environment.  Responsibility for deciding what action is to be taken is conferred on the Council by Article 130s. Moreover, Article 130t states that the protective measures adopted jointly pursuant to Article 130s are not to prevent any Member State from maintaining or introducing more stringent protective measures compatible with the Treaty.
43 It follows that Article 130r(1) of the Treaty authorises the adoption of measures relating solely to certain specified aspects of the environment, provided that such measures contribute to the preservation, protection and improvement of the quality of the environment
47 Finally, whilst it is undisputed that Article 130r(2) of the Treaty requires Community policy in environmental matters to aim for a high level of protection, such a level of protection, to be compatible with that provision, does not necessarily have to be the highest that is technically possible.  As stated in paragraph 43 of this judgment, Article 130t of the Treaty authorises the Member States to maintain or introduce more stringent protective measures.
55 In considering that complaint, it must be borne in mind that, according to settled case-law, in order to establish whether a provision of Community law complies with the principle of proportionality, it must be ascertained whether the means which it employs are suitable for the purpose of attaining the desired objective and whether they go beyond what is necessary for that purpose (see, in particular, Case C-233/94 Germany v Parliament and Council [1997] ECR I-2405, paragraph 54).
61 It is settled law that the prohibition of quantitative restrictions and of all measures having equivalent effect applies not only to national measures but also to measures adopted by the Community institutions (see in particular Case 15/83 Denkavit Nederland v Hoofdproduktschap voor Akkerbouwprodukten [1984] ECR 2171, paragraph 15, and Case C-51/93 Meyhui v Schott Zwiesel Glaswerke [1994] ECR I-3879, paragraph 11).
62 Environmental protection has already been considered by the Court to be one of the essential objectives of the Community (see Case 240/83 Procureur de la République v Association de Défense des Brûleurs d'Huiles Usagées [1985] ECR 531, paragraph 13).  In Case 302/86 Commission v Denmark [1988] ECR 4607, paragraph 9, the Court held that protection of the environment is an imperative requirement which may limit the application of Article 30 of the Treaty.
63 However, Hi-Tech considers that, in the light of Article 30 of the Treaty, the principle of proportionality has not been observed.
64 In that regard, it need merely be pointed out that, as is clear from the objective of the Regulation and from the considerations set out in paragraphs 57 to 59 of this judgment, a prohibition on the use and marketing of HCFCs which is designed to protect the ozone layer cannot be regarded as disproportionate to the aim pursued.
67 In that connection, it should be noted that, according to settled case-law, the need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legal context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based (see in particular the judgment in Joined Cases C-320/90, C-321/90 and C-392/90 Telemarsicabruzzo and Others [1993] ECR I-393, paragraph 6, and the order in Case C-157/92 Banchero [1993] ECR I-1085, paragraph 4).
68 As the Court held in Telemarsicabruzzo and in Banchero, cited above (paragraphs 7 and 5 respectively), those requirements are of particular importance in certain areas, such as that of competition, which are characterised by complex factual and legal situations.
73 The Court has consistently held that only advantages which are granted directly or indirectly through State resources are to be regarded as State aid within the meaning of Article 92(1) of the Treaty.  The wording of that provision itself and the procedural rules laid down by Article 93 of the EC Treaty show that advantages granted from resources other than those of the State do not fall within the scope of the provisions in question (see Case 82/77 Openbaar Ministerie of the Netherlands v Van Tiggele [1978] ECR 25, paragraphs 24 and 25, and Joined Cases C-72/91 and C-73/91 Sloman Neptun v Bodo Ziesemer [1993] ECR I-887, paragraph 19).
75 Article 3 of the Treaty determines the fields and objectives to which the activities of the Community are to relate.  It thus lays down the general principles of the common market, which are to be applied in conjunction with the respective chapters of the Treaty  devoted to their implementation (Case 229/83 Leclerc v Au Blé Vert [1985] ECR 1, paragraph 8).
77 As for Article 5 of the Treaty, according to the case-law of the Court it imposes on Member States and the Community institutions mutual duties of sincere cooperation (order in Case C-2/88 IMM  Zwartveld and Others [1990] ECR I-3365, paragraph 17, and Joined Cases C-63/90 and C-67/90 Portugal and Spain v Council [1992] ECR I-5073, paragraph 52).  Consequently, that provision cannot relate to a measure adopted by the Community legislature in the environmental field which might possibly entail advantages or disadvantages for certain undertakings.  Accordingly, it is unnecessary to rule on the compatibility of Article 5 of the Regulation with Article 5 of the Treaty.