24.7.2004   

EN

Official Journal of the European Union

C 190/1


COURT OF JUSTICE

JUDGMENT OF THE COURT

(Second Chamber)

of 10 June 2004

in Case C-454/01: Commission of the European Communities v Federal Republic of Germany (1)

(Directive 96/59/EC - Waste management - Disposal of polychlorinated biphenyls and polychlorinated terphenyls)

(2004/C 190/01)

Language of the case: German

In Case C-454/01: Commission of the European Communities (Agents: G. zur Hausen ) v Federal Republic of Germany (Agents: W.-D. Plessing and R. Stüwe ) - application for a declaration that, by failing to draw up or to communicate to the Commission, within the prescribed period, the plan provided for in the first indent of Article 11(1) of Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ 1996 L 243, p. 31), the Federal Republic of Germany has failed to fulfil its obligations under the EC Treaty - the Court (Second Chamber), composed of: C.W.A. Timmermans (Rapporteur), President of the Chamber, C. Gulmann, R. Schintgen, F. Macken and N. Colneric, Judges; C. Stix-Hackl, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, has given a judgment on 10 June 2004, in which it:

1.

Declares that, by failing to draw up, within the prescribed period, the plan provided for in the first indent of Article 11(1) of Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT), the Federal Republic of Germany has failed to fulfil its obligations under that directive;

2.

Orders the Federal Republic of Germany to pay the costs.


(1)  OJ C 17 of 19.1.2002.