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7.6.

2003 EN Official Journal of the European Union C 135/19

Reference for a preliminary ruling by the Tribunale tion into groundwater of substances in list II of Directive
Ordinario di Milano by order of that Court of 21 February 80/68/EEC so as to avoid pollution of that water by these
2003 in the case of Azienda Agricola (farm) owned by substances, by not subjecting to prior investigation any
Andrea Balconi (ex Guido) against Region of Lombardy disposal or tipping for the purpose of disposal of the
and AGEA (Agency for Agricultural subsidies) dangerous substances in list I of Directive 80/68/EEC,
which might lead to indirect discharge, and by not
subjecting to prior investigation all direct discharge of
(Case C-162/03) substances in list II of Directive 80/68/EEC and the
disposal or tipping for the purpose of disposal of those
substances which might lead to indirect discharge, the
(2003/C 135/27)
Hellenic Republic has failed to fulfil its obligations under
Articles 3, 4 and 5 of Council Directive 80/68/EEC of
17 December 1979 ( 1) on the protection of groundwater
against pollution caused by certain dangerous substances;
Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale Ordinario di
— declare that, by failing to failing to take the necessary
Milano (Milan District Court) of 21 February 2003, received at
measures to record and identify hazardous waste in the
the Court Registry on 7 April 2003, for a preliminary ruling
Thriasio Pedio area, where tipping (discharge) of such
in the case of Azienda Agricola (farm) owned by Andrea
waste takes place, and, by failing to draw up, either
Balconi (ex Guido) against Region of Lombardy and AGEA
separately or in the framework of their general waste
(Agency for Agricultural subsidies) on the following question:
management plans, plans for the management of hazard-
ous waste in the Thriasio Pedio area, the Hellenic Republic
Must Article 1 of Regulation (EEC) No 856/84 (1) of 31 March has failed to fulfil its obligations under Article 2(1) and
1984 and Articles 1 to 4 of Regulation No 3950/92 (2) of 6(1) of Council Directive 91/689/EEC of 12 December
28 December 1992 be interpreted as meaning that the 1991 on hazardous waste ( 2);
additional levy on milk and milk products is in the nature of
an administrative penalty with the result that producers are
liable to pay it only where quantities allocated have been — order the Hellenic Republic to pay the costs.
exceeded by them intentionally or as a result of negligence?

( 1) OJ L 90 of 01.04.1984, p. 10.
Pleas in law and main arguments
( 2) OJ L 405 of 31.12.1992, p. 1.

— Infringement of Directive 80/68/EEC

— Infringement of Directive 91/689/EEC.

(1 ) OJ 1980 L 20, p. 43.


Action brought on 8 April 2003 by the Commission of (2 ) OJ 1991 L 377, p. 20.
the European Communities against the Hellenic Republic

(Case C-163/03)

(2003/C 135/28)

Action brought on 10 April 2003 by the Commission of


An action against the Hellenic Republic was brought before the European Communities against the French Republic
the Court of Justice of the European Communities on 8 April
2003 by the Commission of the European Communities,
represented by V. Jordana and M. Konstantinidis, of its Legal (Case C-166/03)
Service.
(2003/C 135/29)
The Commission claims that the Court should:

— declare that, by failing to take the necessary steps to


prevent the introduction into groundwater of substances An action against the French Republic was brought before the
in list I of Directive 80/68/EEC and to limit the introduc- Court of Justice of the European Communities on 10 April