Source: All England Reporter
Publisher Citation: [2002] All ER (D) 39 (Oct)
Court: Court of Justice of the European Communities (Fourth Chamber)

Judges von Bahr (President of the Chamber), Edward and La Pergola (Rapporteur)

Judgment Dates: 3 October 2002


European Community - Directive - Transposition into national law - Waste management - Disposal of polychlorinated biphenyls and polychlorinated terphenyls - Requirements that member states draw up plans for decontamination and/or disposal of related equipment and waste - Whether member state complying with directive - Council Directive (EC) 96/59

The Case

By having failed to draw up a summary of the inventories of equipment with PCB volumes of more than 5 cubic decimetres, a plan for the decontamination and-or disposal of the inventoried equipment and the PCBs they contained, and an outline for the collection and subsequent disposal of equipment which was not subject to inventory in accordance with arts4(1) and 11 of Council Directive 96-59-EC (on the disposal of polychlorinated biphenyls and polychlorinated terphenyls 'PCBs-PCTs'), Spain had failed to fulfil its obligations under that directive.

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