Judgment of the Court 23 April 2002 in Case C-443/99 (Reference for a preliminary ruling from the Oberlandesgericht Wien): Merck, Sharp & Dohme GmbH v Paranova Pharmazeutika Handels GmbH (Trade marks — Directive 89/104/EEC — Article 7(2) — Exhaustion of the rights conferred by the trade mark — Pharmaceutical products — Parallel importation — Repackaging of the trade-marked product)
Date: 2002-06-15
Institutions: Court of Justice
Subjects: export, interpretation of the law, labelling, medicinal product, preparation for market, trade mark

15.6.2002

EN

Official Journal of the European Communities

C 144/3

JUDGMENT OF THE COURT

(Sixth Chamber)

2 May 2002

hazardous waste and under Article 14 of European Parliament
and Council Directive 94/62/EC of 20 December 1994 on
packaging and packaging waste;

2. Orders the French Republic to pay the costs.

in Case C-292/99: Commission of the European Communi-
ties v French Republic (1)

(1) OJ C 281 of 2.10.1999.

(Failure by a Member State to fulfil its obligations —
Environment — Waste — Directives 75/442/EEC, 91/156/
EEC, 91/689/EEC and 94/62/EC — Waste management
plans)

(2002/C 144/03)

JUDGMENT OF THE COURT

(Language of the case: French)

23 April 2002

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

in Case C-443/99 (Reference for a preliminary ruling from
the Oberlandesgericht Wien): Merck, Sharp & Dohme
GmbH v Paranova Pharmazeutika Handels GmbH (1)

In Case C-292/99, Commission of the European Communities
(Agents: H. van Lier and L. Ström) v French Republic (Agents:
K. Rispal-Bellanger and D. Colas): Application for a declaration
that, by failing to draw up management plans either for the
whole of its territory or for all waste, and by failing to include
a chapter relating to packaging waste in all of the waste plans
which it has adopted, the French Republic has failed to fulfil
its obligations under Article 7(1) 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), under Article 6(1) of Council Directive
91/689/EEC of 12 December 1991 on hazardous waste (OJ
1991 L 377, p. 20) and under 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 (Sixth Chamber), composed of: F. Macken,
President of
J.-P. Puissochet,
V. Skouris (Rapporteur) and J. N. Cunha Rodrigues, Judges;
A. Tizzano, Advocate General,: H. A. Rühl, Principal Adminis-
trator; Registrar, has given a judgment on 2 May 2002, in
which it:

the Chamber, C. Gulmann,

1. Declares that, by failing to draw up waste management plans
for the whole of its territory, by failing to draw up, for certain
regions or certain departments, such plans for waste containing
polychlorinated biphenyls, medical waste and special domestic
waste, and by failing to include a specific chapter relating to
packaging waste in all of the waste management plans which it
has adopted,
its
obligations under Article 7(1) of Council Directive 75/442/
EEC on 15 July 1975 on waste, as amended by Council
Directive 91/156/EEC of 18 March 1991, under Article 6(1)
of Council Directive 91/689/EEC of 12 December 1991 on

the French Republic has failed to fulfil

(Trade marks — Directive 89/104/EEC — Article 7(2) —
Exhaustion of the rights conferred by the trade mark
importation —
— Pharmaceutical products — Parallel

Repackaging of the trade-marked product)

(2002/C 144/04)

(Language of the case: German)

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

In Case C-443/99: Reference to the Court under Article 234
EC by the Oberlandesgericht Wien (Austria) for a preliminary
ruling in the proceedings pending before that court between
Merck, Sharp & Dohme GmbH and Paranova Pharmazeutika
Handels GmbH, on the interpretation of Article 7(2) of First
Council Directive 89/104/EEC of 21 December 1988 to
approximate the laws of the Member States relating to trade
marks (OJ 1989 L 40, p. 1), as amended by the Agreement on
the European Economic Area of 2 May 1992 (OJ 1994 L 1,
the Court, composed of: G.C. Rodrı´guez Iglesias,
p. 3),
President, P. Jann (President of Chamber), C. Gulmann (Rappor-
teur), D. A. O. Edward, M. Wathelet, R. Schintgen, V. Skouris,
J. N. Cunha Rodrigues and C. W. A. Timmermans, Judges;
F. G. Jacobs, Advocate General; D. Louterman-Hubeau, Head
of Division, for the Registrar, has given judgment on 23 April
2002, in which it has ruled:

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