Judgment of the Court (Second Chamber) 24 January 2002 in Case C-35/00: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Environment — Waste — Directives 75/442/EEC, 91/689/EEC and 94/62/EC — Waste management plans)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, dangerous substance, packaging product, waste management

C 84/20

EN

Official Journal of the European Communities

6.4.2002

the national
legislation, even where a directive on the mutual
recognition of diplomas has been adopted for the profession concerned,
but where application of that directive does not result in automatic
recognition of the applicant’s qualification or qualifications.

(1) OJ C 102 of 8.4.2000.

JUDGMENT OF THE COURT

(Second Chamber)

24 January 2002

in Case C-35/00: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure by a Member State to fulfil its obligations —
Environment — Waste — Directives 75/442/EEC,
91/689/EEC and 94/62/EC — Waste management plans)

(2002/C 84/31)

(Language of the case: English)

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

In Case C-35/00, Commission of the European Communities
(agents: R. B. Wainwright and L. Ström) v United Kingdom of
Great Britain and Northern Ireland (agent: R. Magrill, assisted
by D. Wyatt, QC): Application for a declaration that, by not
drawing up waste management plans complying with all the
provisions concerning waste of 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), of Council Directive 91/689/EEC of 12 December
1991 on hazardous waste (OJ 1991 L 377, p. 20), and of
European Parliament and Council Directive 94/62/EC of
20 December 1994 on packaging and packaging waste (OJ
1994 L 365, p. 10), and/or by not informing the Commission
thereof, the United Kingdom of Great Britain and Northern
Ireland has failed to fulfil its obligations under Article 7 of
Directive 75/442, as amended by Directive 91/156, Article 6
of Directive 91/689 and Article 14 of Directive 94/62, the
Court (Second Chamber), composed of: N. Colneric, President
of the Chamber, R. Schintgen and V. Skouris (Rapporteur),
Judges, Advocate General: A. Tizzano, Registrar: R. Grass, has
given a judgment on 24 January 2002, in which it:

1. Declares that, by not drawing up waste management plans
covering the whole of its territory and complying with all the
provisions of Council Directive 75/442/EEC of 15 July 1975
on waste, as amended by Council Directive 91/156/EEC of
18 March 1991, of Council Directive 91/689/EEC of
12 December 1991 on hazardous waste, and of Directive
94/62/EC of
the European Parliament and Council of
20 December 1994 on packaging and packaging waste, and/or
by not informing the Commission thereof, the United Kingdom
of Great Britain and Northern Ireland has failed to fulfil its
obligations under Article 7 of Directive 75/442, as amended
by Directive 91/156, Article 6 of Directive 91/689 and,
leaving aside Gibraltar, under Article 14 of Directive 94/62.

2. Orders the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 102 of 8.4.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

15 January 2002

in Case C-43/00 (Reference for a preliminary ruling
from the Vestre Landsret): Andersen og Jensen ApS v
Skatteministeriet (1)

(Approximation of laws — Directive 90/434/EEC — Com-
mon system of taxation applicable to mergers, divisions,
transfers of assets and exchanges of shares — Transfer of
assets or of a branch of activity — Meaning)

(2002/C 84/32)

(Language of the case: Danish)

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

In Case C-43/00: reference to the Court under Article 234 EC
by the Vestre Landsret (Denmark) for a preliminary ruling in
the proceedings pending before that court between Andersen
og Jensen ApS and Skatteministeriet on the interpretation of
Article 2(c) and (i) of Council Directive 90/434/EEC of 23 July
taxation applicable to
1990 on the common system of
mergers, divisions, transfers of assets and exchanges of shares
concerning companies of different Member States (OJ 1990