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Document C2005/082/05
Judgment of the Court (Second Chamber) of 27 January 2005 in Case C-92/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 75/439/EEC — Disposal of waste oils — Priority to processing by regeneration)
Judgment of the Court (Second Chamber) of 27 January 2005 in Case C-92/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 75/439/EEC — Disposal of waste oils — Priority to processing by regeneration)
Judgment of the Court (Second Chamber) of 27 January 2005 in Case C-92/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 75/439/EEC — Disposal of waste oils — Priority to processing by regeneration)
ĠU C 82, 2.4.2005, p. 3–3
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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2.4.2005 |
EN |
Official Journal of the European Union |
C 82/3 |
JUDGMENT OF THE COURT
(Second Chamber)
of 27 January 2005
in Case C-92/03: Commission of the European Communities v Portuguese Republic (1)
(Failure of a Member State to fulfil obligations - Directive 75/439/EEC - Disposal of waste oils - Priority to processing by regeneration)
(2005/C 82/05)
Language of the case: Portuguese
In Case C-92/03: action under Article 226 EC for failure to fulfil obligations, brought on 28 February 2003 – Commission of the European Communities (Agents: A. Caeiros and M. Konstantinidis) v Portuguese Republic (Agents: L. Fernandes and M. Lois) supported by: Republic of Finland (Agent: A. Guimaraes-Purokoski) – the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, R. Silva de Lapuerta (Rapporteur), C. Gulmann, R. Schintgen and J. Klučka, Judges; A. Tizzano, Advocate General; R. Grass, Registrar, gave a judgment on 27 January 2005, in which it:
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1. |
Declares that, by failing to adopt the measures necessary to give priority to the processing of waste oils by regeneration where the technical, economic and organisational constraints so allow, the Portuguese Republic has failed to fulfil its obligations 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; |
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2. |
Orders the Portuguese Republic to pay the costs; |
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3. |
Orders the Republic of Finland to bear its own costs. |