Judgment of the Court (Sixth Chamber) of 4 October 2012.#European Commission v Kingdom of Belgium.#Failure of a Member State to fulfil obligations – Directive 2000/53/EC – Article 2(3) – Protection of the environment – End-of-life vehicles – Notion of producer.#Case C‑391/11.

Judgment of the Court (Sixth Chamber) of 4 October 2012 —
Commission v Belgium

(Case C-391/11)

Failure of a Member State to fulfil obligations – Directive 2000/53/EC – Article 2(3) – Protection of the environment – End-of-life vehicles – Notion of producer

1.                     Actions for failure to fulfil obligations – Application initiating proceedings – Statement of subject-matter and pleas in law – Formal requirements – National provisions at issue identified in the resonated opinion but not in the application – Whether admissible (Art. 258 TFEU; Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the Court of Justice, Art. 38(1)(c)) (see paras 23, 24, 26, 27)

2.                     Acts of the institutions – Directives – Implementation by Member States –Use of measures within the competence of regional or local authorities – Whether lawful – Limits – Adoption of a regional definition of a notion laid down in a directive – Attainment of the objectives of the directive not impeded – Lawfulness (Art. 288, third para., TFEU; European Parliament and Council Directive 2000/53, Art. 2, para. 3) (see paras 31, 32, 34, 41)

Re:

Operative part

The Court: