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21.6.

2003 EN Official Journal of the European Union C 146/3

1. Declares that: JUDGMENT OF THE COURT

(Sixth Chamber)
— by failing to adopt, within the prescribed period, provisions
requiring the competent authority, before granting a
permit to undertakings which regenerate waste oils or use of 10 April 2003
them as fuel, to satisfy itself that health is appropriately
protected where waste oils are used as fuel and that the in Case C-142/00 P: Commission of the European Com-
best available technology not entailing excessive cost is munities v Nederlandse Antillen ( 1)
used where waste oils are regenerated or used as fuel;

(Appeal — Arrangements for association of the overseas


countries and territories — Imports of rice originating in the
— by failing to lay down, within the prescribed period, that
overseas countries and territories — Safeguard measures —
residues from the combustion of waste oils are to be
Regulations (EC) No 2352/97 and No 2494/97 — Action
disposed of in accordance with the obligations flowing
for annulment — Inadmissibility of the action)
from Article 9 of Council Directive 78/319/EEC of
20 March 1978 on toxic and dangerous waste and, from
27 June 1995, in accordance with the obligations arising (2003/C 146/04)
under Article 9 of Council Directive 75/442/EEC of
15 July 1975 on waste, as amended by Council Directive
91/156/EEC of 18 March 1991, which were already (Language of the case: Dutch)
owed by the Member States under Article 9 of Directive
78/319; (Provisional translation; the definitive translation will be published
in the European Court Reports)

— by not providing, within the prescribed period, for


periodical inspection of undertakings which regenerate
waste oils or use them as fuel, or for examination of In Case C-142/00 P, Commission of the European Communi-
trends in the state of technical development and/or of the ties (Agent: T. van Rijn), supported by French Republic (Agents:
environment with a view to revising, where necessary, G. de Bergues and L. Bernheim) and by Council of the
permits granted to those undertakings; European Union (Agents: J. Huber and G. Houttuin): Appeal
against the judgment of the Court of First Instance of the
European Communities (Third Chamber) of 10 February 2000
— by failing to convey to the Commission information in Joined Cases T-32/98 and T-41/98 Nederlandse Antillen v
concerning technical expertise and the experience gained Commission [2000] ECR II-201, seeking to have that judgment
and results obtained through the application of measures set aside the other parties to the proceedings being: Nederland-
taken pursuant to Council Directive 75/439/EEC of se Antillen (represented by M. M. Slotboom and P. V. F. Bos)
16 June 1975 on the disposal of waste oils, as amended and Kingdom of Spain (Agent: N. Díaz Abad), the Court (Sixth
by Council Directive 87/101/EEC of 22 December Chamber), composed of: J.-P. Puissochet, President of the
1986, Chamber, R. Schintgen, C. Gulmann, V. Skouris and F. Macken
(Rapporteur), Judges; P. Léger, Advocate General; M.-F. Contet,
Principal Administrator, for the Registrar, has given a judgment
on 10 April 2003, in which it:
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; 1. Sets aside the judgment of the Court of First Instance of the
European Communities of 10 February 2000 in Joined Cases
T-32/98 and T-41/98 Nederlandse Antillen v Commission;

2. Dismisses the remainder of the application; 2. Dismisses as inadmissible the Nederlandse Antillen’s appli-
cations for annulment;

3. Orders the Portuguese Republic to pay the costs. 3. Orders the Nederlandse Antillen to pay the costs both at first
instance and on appeal;

4. Orders the Kingdom of Spain, the French Republic and the


( 1) OJ C 34 of 05.02.2000. Council of the European Union to bear their own costs.

(1 ) OJ C 233 of 12.8.2000.