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30.4.2004 |
EN |
Official Journal of the European Union |
C 106/15 |
JUDGMENT OF THE COURT
(Fifth Chamber)
of 30 March 2004
in Case C-201/03: Commission of the European Communities v Kingdom of Sweden (1)
(‘Failure of a Member State to fulfil obligations - Disposal of waste oils - Failure to transpose Directive 75/439/EEC’)
(2004/C 106/25)
Language of the case: Swedish
In Case C-201/03: Commission of the European Communities (Agents: L. Ström and M. Konstantinidis), with an address for service in Luxembourg, v Kingdom of Sweden (Agent: A. Kruse) – application for a declaration that, by failing to adopt the necessary measures under Article 3(1) of 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), to ensure that priority is given to the processing of waste oils by regeneration where technical, economic and organisational constraints so allow, the Kingdom of Sweden has failed to fulfil its obligations under that directive – the Court (Fifth Chamber), composed of: C. Gulmann, President of the Chamber, S. von Bahr and R. Silva de Lapuerta (Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, has given a judgment on 30 March 2004, in which it:
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1. |
Declares that, by failing to take the necessary measures under Article 3(1) of Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December 1986, to ensure that priority is given to the processing of waste oils by regeneration where technical, economic and organisational constraints so allow, the Kingdom of Sweden has failed to fulfil its obligations under that directive; |
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2. |
Orders the Kingdom of Sweden to pay the costs |