«(Failure of a Member State to fulfil obligations – Directive 75/439/EEC – Disposal of waste oils – Incomplete transposition)»

1.. Approximation of laws – Disposal of waste oils – Directive 75/439 – Obligation on the Member States to adopt legislation under which the issue to operators of the requisite permits is expressly conditional upon compliance with the conditions laid down by the directive (Council Directive 75/439, as amended by Directive 87/101, Art. 6(2))

2.. Actions for failure to fulfil obligations – Subject-matter of the dispute – Subject-matter determined in the course of the pre-litigation procedure – Adjustment of the subject-matter because of an amendment to Community law – Permissible – Conditions (Art. 226 EC)

3.. Approximation of laws – Disposal of waste oils – Directive 75/439 – Obligation on the Member States to provide for periodical inspections of operators and the review of permits issued (Council Directive 75/439, as amended by Directive 87/101, Art. 13)

4.. Approximation of laws – Disposal of waste oils – Directive 75/439 – Obligation on the Member States periodically to convey information concerning matters learnt from application of the directive – Scope (Council Directive 75/439, as amended by Directive 87/101, Art. 17)

JUDGMENT OF THE COURT (Sixth Chamber) 10 April 2003 (1)

((Failure of a Member State to fulfil its obligations – Directive 75/439/EEC – Disposal of waste oils – Incomplete transposition))

In Case C-392/99,

applicant,

v

defendant,

APPLICATION for a declaration that:

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, and the first paragraph of Article 5 and the third paragraph of Article 189 of the EC Treaty (now the first paragraph of Article 10 EC and the third paragraph of Article 249 EC),

THE COURT (Sixth Chamber),,

composed of: J.-P. Puissochet, President of the Chamber, R. Schintgen, V. Skouris (Rapporteur), F. Macken and N. Colneric, Judges,

Advocate General: C. Stix-Hackl,

having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 29 November 2001, at which the Commission was represented by A. Caeiros and the Portuguese Republic by M. Telles Romão and M. João Lois, acting as Agent,

after hearing the Opinion of the Advocate General at the sitting on 7 March 2002,

gives the following

the Portuguese Republic has failed to fulfil its obligations under Articles 6(2), 8(2)(a), 13 and 17 of Directive 75/439 and the first paragraph of Article 5 and the third paragraph of Article 189 of the EC Treaty (now the first paragraph of Article 10 EC and the third paragraph of Article 249 EC).

Community legislation

.

This permit may also lay down the specific information to be made available at the request of the competent authorities.

Such permit shall cover:

National legislation

Legislation relating to the pursuit of industrial activity

...

...

.

Legislation relating to waste management

Legislation relating to the disposal of waste oils

.

Legislation relating to the supervisory environmental authorities

...

.

Failure to implement Article 6(2) of Directive 75/439 in so far as it makes authorisation to use waste oils as fuel conditional upon all appropriate health protection measures being taken

Arguments of the parties

Findings of the Court

Failure to implement Article 6(2) of Directive 75/439 in so far as it makes authorisation to dispose of waste oils conditional upon use of the best technology possible, where the cost is not excessive

Arguments of the parties

Findings of the Court

Failure to implement Article 8(2)(a) of Directive 75/439

Arguments of the parties

Findings of the Court

─ Admissibility

─ Substance

Failure to implement Article 13(1) of Directive 75/439

Arguments of the parties

Findings of the Court

Failure to implement Article 13(2) of Directive 75/439

Arguments of the parties

Findings of the Court

Failure to convey the information envisaged in Article 17 of Directive 75/439

Arguments of the parties

Findings of the Court

the Portuguese Republic has failed to fulfil its obligations under Articles 6(2), 8(2)(a), 13 and 17 of Directive 75/439.

On those grounds,

THE COURT (Sixth Chamber)

hereby:

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;

Puissochet

Schintgen

Skouris

Macken

Colneric

Delivered in open court in Luxembourg on 10 April 2003.

R. Grass

J.-P. Puissochet

Registrar

President of the Sixth Chamber