Judgment_paragraph 1 · Commission of the European Communities v Portuguese Republic (C-392/99)

1By application lodged at the Court Registry on 13 October 1999, the Commission of the European Communities brought an action under Article 226 EC for a declaration that:— by failing to adopt provisions by which the competent authority, before granting a permit to undertakings which regenerate waste oils or use them as fuel, may satisfy itself that health is appropriately protected where waste oils are used as fuel and that the best available technology not entailing excessive cost is used where waste oils are regenerated or used as fuel;— by failing to lay down that residues from the combustion of waste oils are to be disposed of in accordance with Article 9 of Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (OJ 1978 L 84, p. 43), and, from 27 June 1995, in accordance with Article 9 of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) (hereinafter ‘Directive 75/442’), which, pursuant to Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (OJ 1991 L 377, p. 20), as amended by Council Directive 94/31/EC of 27 June 1994 (OJ 1994 L 168, p. 28) (hereinafter ‘Directive 91/689’), replaced Article 9 of Directive 78/319;— by not providing for periodical inspection of undertakings which regenerate waste oils or use them as fuel, or for examination of trends in the state of technical development and/or of the environment with a view to revising, where necessary, permits granted to those undertakings;— by failing to convey to the Commission information concerning technical expertise and the experience gained and results obtained through the application of measures taken pursuant to Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (OJ 1975 L 194, p. 23), as amended by Council Directive 87/101/EEC of 22 December 1986 (OJ 1987 L 42, p. 43) (hereinafter ‘Directive 75/439’),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).

Commission of the European Communities v Portuguese Republic (C-392/99)

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