Criminal proceedings against Luciano Arcaro. (Preliminary rulings) [1996] EUECJ C-168/95 (26 September 1996)

Criminal proceedings against Luciano Arcaro. (Preliminary rulings) [1996] EUECJ C-168/95 (26 September 1996)

Article 3 of Directive 76/464/EEC requires prior authorization for any cadmium discharge, regardless of plant age, but in the absence of full transposition, public authorities cannot rely on this provision against individuals, nor can national courts set aside national law solely on the basis of an untransposed directive.

Citation
[1996] EUECJ C-168/95
Parties
Defendant: Luciano Arcaro; Prosecutor: Public Prosecutor (Pretura Circondariale di Vicenza)
Jurisdiction
European Union
Judgment Date
26 September 1996
Procedural Posture
Criminal / Preliminary Reference to the European Court of Justice
Outcome
Preliminary ruling issued; questions answered as set out in the judgment.
Legal Topics
Directive Interpretation, Direct Effect of Directives, Industrial Pollution, Water Protection, Cadmium Discharge, National Implementation of EU Law
Environmental Law European Union Law Criminal Law Directive Interpretation Direct Effect of Directives Industrial Pollution Water Protection Cadmium Discharge +1 more

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Parties

Luciano Arcaro

Defendant

Public Prosecutor (Pretura Circondariale di Vicenza)

Prosecutor

Procedural Posture

Criminal / Preliminary Reference to the European Court of Justice

Legal Issues

  1. 1 Whether Article 3 of Directive 76/464/EEC requires prior authorization for all cadmium discharges regardless of plant age
  2. 2 Whether a Member State authority may rely on untransposed directive provisions against individuals
  3. 3 Whether national courts can set aside national law contrary to untransposed directives

Ratio Decidendi

Article 3 of Directive 76/464/EEC requires prior authorization for any cadmium discharge, regardless of plant age, but in the absence of full transposition, public authorities cannot rely on this provision against individuals, nor can national courts set aside national law solely on the basis of an untransposed directive.

Court Disposition

Preliminary ruling issued; questions answered as set out in the judgment.

Orders

  • Article 3 of Directive 76/464/EEC requires prior authorization for all cadmium discharges, regardless of plant age.
  • A public authority may not rely on Article 3 of Directive 76/464/EEC against an individual if the directive has not been fully transposed.