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Commission of the European Communities, applicant, v. United Kingdom of Great Britain and Northern Ireland, defendant

Country/Territory
European Union, United Kingdom
Type of court
International court
Date
Jul 13, 2004
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Puissochet, J.-P.
Macken, F.
von Bahr, S.
Reference number
C-277/03
Language
English
Subject
Waste & hazardous substances
Keyword
Waste management
Abstract
The Commission of the European Communities brought an action under Article 226 EC for a declaration that, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles, the United Kingdom of Great Britain and Northern Ireland had failed to fulfill its obligations under that directive, particularly Article 10(1) thereof, and the EC Treaty. Under the first subparagraph of Article 10(1) of the directive Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with it by 21 April 2002, and were immediately to inform the Commission thereof. The Court pointed out that, according to settled case-law, the question whether a Member State had failed to fulfill its obligations had to be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion. In the present case no measure intended to ensure transposition of the directive into the legal order of the United Kingdom had been adopted by expiry of the period laid down in the reasoned opinion. The United Kingdom Government accounted for that delay, in part, by the need to consult the relevant professional circles in the automobile industry. The Court held, however, that a Member State could not seek to rely on provisions, practices or circumstances in its internal legal order in order to justify failure to comply with the obligations and time-limits laid down in a directive. Consequently, it was held that, the United Kingdom has failed to fulfill its obligations under the directive.
Full text
Comission of the European Communities v. United Kingdom C_277_03.pdf
Website
curia.europa.eu

References

Cites

Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles.

Legislation | European Union | 2000

Keyword: Waste management, Solid waste, Waste disposal, Waste non-domestic sources, Waste prevention, Recycling/reuse

Source: FAO, FAOLEX