Judgment of the Court (Fifth Chamber) 7 May 2002 in Case C-478/99: Commission of the European Communities v Kingdom of Sweden (Failure by a Member State to fulfil its obligations — Directive 93/13/EEC — Unfair terms in consumer contracts — Obligation to reproduce in national legislation the list of terms which may be regarded as unfair contained in the annex to Directive 93/13)
Date: 2002-06-15
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, consumer protection, contract

C 144/4

EN

Official Journal of the European Communities

15.6.2002

Replacement packaging of pharmaceutical products is objectively
necessary within the meaning of the Court’s case-law if, without such
repackaging, effective access to the market concerned, or to a
substantial part of that market, must be considered to be hindered as
the result of strong resistance from a significant proportion of
consumers to relabelled pharmaceutical products.

2. Orders the Commission of the European Communities to pay

the costs;

3. Orders the Kingdom of Denmark and the Republic of Finland

to bear their own costs.

(1) OJ C 34 of 5.2.2000.

(1) OJ C 63 of 4.3.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

7 May 2002

JUDGMENT OF THE COURT

(Sixth Chamber)

18 April 2002

in Case C-478/99: Commission of the European Communi-
ties v Kingdom of Sweden (1)

(Failure by a Member State to fulfil its obligations —
Directive 93/13/EEC — Unfair terms in consumer contracts
— Obligation to reproduce in national legislation the list of
terms which may be regarded as unfair contained in the
annex to Directive 93/13)

in Case C-9/00 (Reference for a preliminary ruling from
the Korkein hallinto-oikeus): Palin Granit Oy v Vehmassa-
lon kansanterveystyön kuntayhtymän hallitus (1)

(Harmonisation of laws — Directives 75/442/EEC and 91/
156/EEC — Concept of ‘waste’ — Production residue —
Quarry — Storage — Use of waste — No risk to health or
the environment — Possibility of recovery of waste)

(2002/C 144/05)

(Language of the case: Swedish)

(2002/C 144/06)

(Language of the case: Finnish)

(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-478/99, Commission of the European Communities
(Agents: L. Parpala and P. Stancanelli) v Kingdom of Sweden
(Agents: L. Nordling and A. Kruse), supported by Kingdom of
Denmark (Agent:
J. Molde), and by Republic of Finland
(Agents: T. Pynnä and E. Bygglin): Application for a declaration
that, by failing to adopt the laws, regulations and administrative
provisions necessary to implement in its national legal system
the annex referred to in Article 3(3) of Council Directive 93/
13/EEC of 5 April 1993 on unfair terms in consumer contracts
(OJ 1993 L 95, p. 29), the Kingdom of Sweden has failed to
fulfil
its obligations under that directive, the Court (Fifth
Chamber), composed of: P. Jann (Rapporteur), President of
the Chamber, D. A. O. Edward and M. Wathelet, Judges;
L. A. Geelhoed, Advocate General; H. A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
7 May 2002, in which it:

1. Dismisses the application;

In Case C-9/00: Reference to the Court under Article 234 EC
by the Korkein hallinto-oikeus (Finland) for a preliminary
ruling in the proceedings pending before that court instituted
by Palin Granit Oy and Vehmassalon kansanterveystyön
kuntayhtymän hallitus, on the interpretation of Article 1(a) 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), the Court (Sixth
Chamber), composed of: F. Macken, President of the Chamber,
J.-P. Puissochet (Rapporteur), R. Schintgen, V. Skouris and
J. N. Cunha Rodrigues, Judges; F. G. Jacobs, Advocate General;
R. Grass, Registrar, has given a judgment on 18 April 2002, in
which it has ruled:

1.

The holder of leftover stone resulting from stone quarrying
which is stored for an indefinite length of time to await possible
use discards or intends to discard that leftover stone, which is