Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61993J0187
Název:
Title: 		JUDGMENT OF THE COURT OF 28 JUNE 1994. EUROPEAN PARLIAMENT V COUNCIL OF THE EUROPEAN UNION. REGULATION ON SHIPMENTS OF WASTE - LEGAL BASIS. CASE C-187/93.
Publikace:
Publication:		REPORTS OF CASES 1994 PAGES I-2857
Předmět (klíčová slova):
Keywords		APPROXIMATION OF LAWS;ENVIRONMENT;
Související předpisy:
Corresponding acts:		393R0259
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. AN ACTION FOR ANNULMENT BROUGHT BY THE EUROPEAN PARLIAMENT AGAINST AN ACT OF THE COUNCIL OR THE COMMISSION IS ADMISSIBLE PROVIDED THAT THE ACTION SEEKS ONLY TO SAFEGUARD THE PARLIAMENT' S PREROGATIVES AND THAT IT IS FOUNDED ONLY ON SUBMISSIONS ALLEGING THEIR INFRINGEMENT. ACCORDINGLY AN ACTION BASED ON THE PLEA THAT THE LEGAL BASIS FOR THE CONTESTED ACT WAS WRONGLY CHOSEN IN THAT IT WAS AN ARTICLE OF THE TREATY WHICH PROVIDES ONLY THAT THE PARLIAMENT IS TO BE CONSULTED RATHER THAN AN ARTICLE REQUIRING IMPLEMENTATION OF THE COOPERATION PROCEDURE WITH THE PARLIAMENT IS ADMISSIBLE. HOWEVER, AN ACTION BASED ON THE EXCLUSION FROM THE LEGAL BASIS OF THE CONTESTED ACT OF A PROVISION OF THE TREATY WHICH DOES NOT PROVIDE FOR THE EUROPEAN PARLIAMENT TO BE INVOLVED IN ANY WAY IN THE DRAWING UP OF THE ACTS ENVISAGED IN THAT PROVISION IS INADMISSIBLE.

2. IN THE CONTEXT OF THE ORGANIZATION OF THE POWERS OF THE COMMUNITY, THE CHOICE OF THE LEGAL BASIS FOR A MEASURE MUST BE BASED ON OBJECTIVE FACTORS WHICH ARE AMENABLE TO JUDICIAL REVIEW. THOSE FACTORS INCLUDE IN PARTICULAR THE AIM AND CONTENT OF THE MEASURE.

3. REGULATION NO 259/93 ON THE SUPERVISION AND CONTROL OF SHIPMENTS OF WASTE WITHIN, INTO AND OUT OF THE COMMUNITY FALLS, IN VIEW OF ITS AIM AND CONTENT, WITHIN THE FRAMEWORK OF THE ENVIRONMENTAL POLICY PURSUED BY THE COMMUNITY AND CANNOT BE REGARDED, ANY MORE THAN DIRECTIVE 91/156 ON WASTE, AS SEEKING TO IMPLEMENT THE FREE MOVEMENT OF WASTE WITHIN THE COMMUNITY. THE LEGISLATURE COULD THEREFORE VALIDLY EXCLUDE ARTICLE 100A OF THE TREATY FROM THE LEGAL BASIS OF THAT REGULATION AND BASE IT ON ARTICLE 130S. IT CANNOT BE OBJECTED EITHER THAT THE REGULATION AFFECTS THE MOVEMENT OF WASTE AND THUS HAS A BEARING ON THE FUNCTIONING OF THE INTERNAL MARKET SINCE RECOURSE TO ARTICLE 100A IS NOT JUSTIFIED WHEN, AS IN THIS CASE, THE ACT TO BE ADOPTED HAS ONLY THE ANCILLARY EFFECT OF HARMONIZING MARKET CONDITIONS WITHIN THE COMMUNITY, OR THAT IT REPLACES ANOTHER ACT WHICH WAS BASED ON ARTICLE 100 OF THE TREATY, SINCE SUCH A CIRCUMSTANCE DOES NOT NECESSARILY MEAN THAT THE REGULATION IN QUESTION MUST HAVE RECOURSE TO THAT PRO
VISION OR ARTICLE 100A, BECAUSE THE LEGAL BASIS FOR AN ACT MUST BE DETERMINED HAVING REGARD TO ITS OWN AIM AND CONTENT.

Plný text judikátu (Entire text of the Judgment):