Case C-47/02: Reference for a preliminary ruling by the Schleswig-Holsteinen Oberverwaltungsgericht by order of that Court of 31 January 2002 in the administrative-law case of 1. Albert Anker, 2. Klaas Ras, and 3. Albertus Snoek against Federal Republic of Germany
Date: 2002-05-04
Institutions: Court of Justice
Subjects: interpretation of the law, maritime shipping, ship's flag

C 109/28

EN

Official Journal of the European Communities

4.5.2002

2)

3)

Is the object of the directive to provide protection in such
a way that persons other than the authors of the fixture
list may not, without authorisation, use the data in that
fixture list for betting or other commercial purposes?

Reference for a preliminary ruling by the Conseil d’Etat
(Belgium) Section d’administration, by judgment of 8 Feb-
ruary 2002 in the case of Commune de Braine-le-Château
against Région Wallonne — Interveners: BIFFA Waste
Services SA, Philippe Feron and Philippe De Codt

For the purposes of the directive, does the use by Veikkaus
relate to a substantial part, evaluated qualitatively and/or
quantitatively, of the database, having regard to the fact
that, of the data in the fixture list, on each occasion only
data necessary for one week is used in the weekly pools
coupons, and the fact that the data relating to the matches
is obtained and verified from sources other than the
maker of
the
season?

the database continuously throughout

(Case C-53/02)

(2002/C 109/48)

(1) Directive 96/9/EC of the European Parliament and of the Council
of 11 March 1996 on the legal protection of databases (OJ L 77,
p. 20).

Reference for a preliminary ruling by the Schleswig-
Holsteinen Oberverwaltungsgericht by order of that
Court of 31 January 2002 in the administrative-law case
of 1. Albert Anker, 2. Klaas Ras, and 3. Albertus Snoek
against Federal Republic of Germany

(Case C-47/02)

(2002/C 109/47)

Reference has been made to the Court of Justice of the
European Communities by order of the Schleswig-Holsteinen
Oberverwaltungsgericht (Higher Administrative Court, Schles-
wig-Holstein) of 31 January 2002, received at the Court
Registry on 19 February 2002, for a preliminary ruling in the
administrative-law case of 1. Albert Anker, 2. Klaas Ras, and
3. Albertus Snoek against Federal Republic of Germany on the
following question:

Are provisions of national law which require the nationality of
the flag State — in this instance German nationality — for the
exercise of the activity of master (captain) of a vessel used in
small-scale maritime shipping and flying the flag of that
Member State compatible with Article 39 of
the Treaty
establishing the European Community?

Reference has been made to the Court of Justice of the
European Communities by judgment of the Conseil d’Etat
(Council of State), Belgium (Administrative Section) of 8 Febru-
ary 2002, received at the Court Registry on 21 February 2002,
for a preliminary ruling in the case of Commune de Braine-le-
Château against Région Wallonne — Interveners: BIFFA Waste
Services SA, Philippe Feron and Philippe De Codt, on the
following question:

1. Does the obligation imposed on Member States by
Article 7 of Directive 75/442/EEC of 15 July 1975
on waste (1), as amended by Directive 91/156/EEC of
18 March 1991 (2), to draw up one or more waste
management plans relating in particular to ‘suitable
disposal sites or installations’ mean that the States to
which the Directive is addressed are required to mark on
a geographical map the precise locations of the planned
waste disposal sites or to determine location criteria
which are sufficiently precise to enable the competent
authority responsible for issuing a permit under Article 9
of the Directive to ascertain whether the site or installation
is covered by the management prescribed by the plan?

2. Do Articles 4,5 and 7 of Directive 75/442, as amended
by Directive 91/156, whether or not read in conjunction
with Article 9 of Directive 75/442, preclude a Member
State which has not adopted within the period prescribed
one or more waste management plans relating to ‘suitable
disposal sites or installations’ from issuing individual
permits to operate waste disposal installations, such as
landfills?

(1) OJ L 194 of 25.7.1975, p. 39.
(2) OJ L 78 of 26.3.1991, p. 32.