Judgment of the Court (Sixth Chamber) 10 January 2002 In Case C-480/99 P: Gerry Plant and Others v Commission of the European Communities (Appeal — Action for annulment under Article 33 of the ECSC Treaty — Admissibility — Audi alteram partem rule in judicial proceedings)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), coal, discriminatory price, mining industry, selling price

6.4.2002

EN

Official Journal of the European Communities

C 84/15

Council Directive 75/442/EEC of 15 July 1975 on waste (OJ
1975 L 194, p. 39), as amended by Council Directive
91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32), Article 6
of Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste (OJ 1991 L 377, p. 20), and Article 14 of
European Parliament and Council Directive 94/62/EC of
20 December 1994 on packaging and packaging waste (OJ
1994 L 365, p. 10), the Court (Second Chamber), composed
of: N. Colneric, President of the Chamber, R. Schintgen and
V. Skouris (Rapporteur), Judges, Advocate General: J. Mischo,
Registrar: H. von Holstein, Deputy Registrar, has given a
judgment on 24 January 2002, in which it has ruled:

1. Declares that, by not forwarding to the Commission information
concerning plans for the management and disposal of waste
and hazardous waste in respect of the regions of Sicily and
Basilicata, or information concerning plans for the management
of packaging and packaging waste in respect of all the Italian
regions, the Italian Republic has failed to fulfil its obligations
under Article 7 of Council Directive 75/442/EEC of 15 July
1975 on waste, as amended by Council Directive 91/156/EEC
of 18 March 1991, Article 6 of Council Directive 91/689/EEC
of 12 December 1991 on hazardous waste, and Article 14 of
European Parliament and Council Directive 94/62/EC of
20 December 1994 on packaging and packaging waste;

the first

(Regional Civil Court, Vienna) (Austria) for a preliminary ruling
in the proceedings pending before that court between Clean
Car Autoservice GmbH and Stadt Wien, Republik O¨ sterreich
— on the interpretation of
subparagraph of
Article 104(5) of the Rules of Procedure of the Court of Justice,
in codified version 1999/C 65/01 of 6 March 1999 (OJ 1999
C 65, p. 1) — the Court (Sixth Chamber), composed of:
N. Colneric, President of the Second Chamber, acting as
President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet,
R. Schintgen (Rapporteur) and V. Skouris, Judges; L.A. Geel-
hoed, Advocate General; H.A. Rühl, Principal Administrator,
for the Registrar, has given a judgment on 6 December 2001,
in which it has ruled:

Article 104(5) of the Rules of Procedure of the Court of Justice, in
is to be
codified version 1999/C 65/01 of 6 March 1999,
interpreted as meaning that payment of the costs incurred by the
parties to the main proceedings for the purposes of the procedure
under Article 234 EC for obtaining a preliminary ruling is governed
by the domestic law rules applicable to the proceedings before the
national court, provided that those rules are not less favourable than
those applicable to similar procedural steps which may be taken in
such proceedings in accordance with national law.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 47 of 19.2.2000.

(1) OJ C 34 of 5.2.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 6 December 2001

JUDGMENT OF THE COURT

(Sixth Chamber)

10 January 2002

in Case C-472/99 (reference for a preliminary ruling from
the Landesgericht für Zivilrechtssachen Wien): Clean Car
Autoservice GmbH v Stadt Wien, Republik O¨ sterreich (1)

(Article 234 EC — Costs of the parties to the main
proceedings — Article 104(5) of the Rules of Procedure of
the Court)

In Case C-480/99 P: Gerry Plant and Others v Commission
of the European Communities (1)

(Appeal — Action for annulment under Article 33 of the
ECSC Treaty — Admissibility — Audi alteram partem rule
in judicial proceedings)

(2002/C 84/23)

(Language of the case: German)

(2002/C 84/24)

(Language of the case: English)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-472/99: reference to the Court under Article 234
für Zivilrechtssachen Wien
EC from the Landesgericht

In Case C-480/99 P, Gerry Plant and Others (agents: B. Hewson,
barrister, instructed by T. Graham, solicitor): Appeal against

C 84/16

EN

Official Journal of the European Communities

6.4.2002

the order of the Court of First Instance of the European
Communities (Second Chamber) of 29 September 1999 in
Joined Cases T-148/98 and T-162/98 Evans and Others v
Commission [1999] ECR II-2837, seeking to have that order
set aside, the other parties to the proceedings being: Com-
mission of the European Communities (agents: M. Erhart
and B. Doherty) and South Wales Small Mines Association,
established in Fochriw, Near Bargoed (United Kingdom),
(agents: T. Sharpe, QC, and M. Brealey, barrister, instructed by
S. Llewellyn Jones, solicitor)
(Sixth Chamber),
composed of: F. Macken, President of the Chamber, C. Gul-
mann,
(Rapporteur), R. Schintgen and
J.N. Cunha Rodrigues, Judges, Advocate General: D. Ruiz-
Jarabo Colomer, Registrar: R. Grass, has given a judgment on
10 January 2002, in which it:

J.-P. Puissochet

the Court

1.

Sets aside the order of the Court of First Instance of 29 Septem-
ber 1999 in Joined Cases T-148/98 and T-162/98 Evans
and Others v Commission in so far as:

— it dismissed the action in Case T-148/98 as inadmissible;

— it joined Cases T-148/98 and T-168/98;

— it stated that it was unnecessary to rule on the application
for legal aid made in Case T-148/98 or on the application
for leave to intervene made by PowerGen UK plc, National
Power plc and British Coal Corporation in the same case;

— it ordered the applicants in Case T-148/98 to bear their
own costs and, jointly and severally, to pay those incurred
by the Commission of the European Communities in Case
T-162/98;

— it ordered the applicant in Case T-162/98, jointly and
severally with the applicants in Case T-148/98, to pay
the costs incurred by the Commission of the European
Communities in Case T-148/98;

Refers Case T-148/98 back to the Court of First Instance to
enable it to give judgment on the substance of the case;

Reserves the costs in Case T-148/98.

2.

3.

JUDGMENT OF THE COURT

(Sixth Chamber)

24 January 2002

in Case C-500/99 P: Conserve Italia Soc. Coop. arl v
Commission of the European Communities (1)

(Appeal — Agriculture — EAGGF — Discontinuance of
financial aid — Regulation (EEC) No 355/77 — Regulation
(EEC) No 4253/88 — Principle of proportionality)

(2002/C 84/25)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-500/99 P: Conserve Italia Soc. Coop. arl, formerly
Massalombarda Colombani SpA, established in San Lazzaro di
Savena (Italy), (agents: M. Averani, A. Pisaneschi, P. de Caterini
and S. Zunarelli): Appeal against the judgment of the Court of
First Instance of the European Communities (Third Chamber)
of 12 October 1999 in Case T-216/96 Conserve Italia v
Commission [1999] ECR II-3139, seeking to have that judg-
ment set aside the other party to the proceedings being:
Commission of the European Communities (agent: F. Ruggeri
Laderchi, assisted by M. Moretto), the Court (Sixth Chamber),
composed of: F. Macken (Rapporteur), President of
the
Chamber, C. Gulmann, R. Schintgen, V. Skouris and J.N. Cunha
Rodrigues,
Judges, Advocate General: S. Alber, Registrar:
L. Hewlett, Administrator, has given a judgment on 24 January
2002, in which it:

1. Dismisses the appeal;

2. Orders Conserve Italia Soc. Coop. arl to pay the costs.

(1) OJ C 63 of 4.3.2000.

(1) OJ C 79 of 18.3.2000.