Judgment of the Court (Sixth Chamber) 18 April 2002 in Case C-9/00 (Reference for a preliminary ruling from the Korkein hallinto-oikeus): Palin Granit Oy v Vehmassalon kansanterveystyön kuntayhtymän hallitus (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)
Date: 2002-06-15
Institutions: Court of Justice
Subjects: Finland, degradation of the environment, earths and stones, interpretation of the law, mining operation, storage of waste

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

15.6.2002

EN

Official Journal of the European Communities

C 144/5

accordingly to be classified as waste within the meaning of
Council Directive 75/442/EEC of 15 July 1975 on waste.

— by including damage of less than EUR 500 in Article 3 of
Law No 98-389 of 19 May 1998 on liability for defective
products (JORF of 21 May 1998, p. 7744);

2.

The place of storage of leftover stone, its composition and the
fact, even if proven, that the stone does not pose any real risk to
human health or the environment are not relevant criteria for
determining whether the stone is to be regarded as waste.

— by providing in Article 8 thereof that the supplier of a
defective product is to be liable in all cases and on the
same basis as the producer, and

(1) OJ C 102 of 8.4.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

25 April 2002

in Case C-52/00: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 85/374/EEC — Product liability — Incorrect
transposition)

(2002/C 144/07)

(Language of the case: French)

— by providing in Article 13 thereof that the producer must
prove that he has taken appropriate steps to avert the
consequences of a defective product in order to be able
to rely on the grounds of exemption from liability
provided for in Article 7(d) and (e) of Council Directive
85/374/EEC of 25 July 1985 on the approximation of
the laws, regulations and administrative provisions of the
Member States concerning liability for defective products
(OJ 1985 L 210, p. 29), the French Republic has failed to
fulfil its obligations under Articles 9, 3(3) and 7 of the
aforementioned directive,

the Court (Fifth Chamber), composed of: P. Jann (Rapporteur),
President of the Chamber, S. von Bahr and C. W. A. Timmer-
mans,
Judges; L. A. Geelhoed, Advocate General; H. von
Holstein, Deputy Registrar, has given a judgment on 25 April
2002, in which it:

1. Declares that

— by including damage of

less

than EUR 500 in

Article 1386-2 of the French Civil Code;

— by providing in the first paragraph of Article 1386-7
thereof that the supplier of a defective product is to be
liable in all cases and on the same basis as the producer,
and

— by providing in the second paragraph of Article 1386-
12 thereof that the producer must prove that he has taken
appropriate steps to avert the consequences of a defective
product in order to be able to rely on the grounds of
exemption from liability provided for in Article 7(d) and
(e) of Council Directive 85/374/EEC of 25 July 1985
regulations and
on the approximation of
administrative provisions of the Member States concerning
liability for defective products,

the laws,

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

the French Republic has failed to fulfil its obligations under
Articles 9(b), 3(3) and 7 of the aforementioned directive;

2. Orders the French Republic to pay the costs.

In Case C-52/00, Commission of the European Communities
(Agents: M. Patakia and B. Mongin) v French Republic (Agents:
initially K. Rispal-Bellanger and R. Loosli-Surrans, subsequently
R. Loosli-Surrans and J.-F. Dobelle): Application for a declar-
ation that:

(1) OJ C 163 of 10.6.2000.