Judgment of the Court (Fifth Chamber) of 13 June 2002 in Case C-158/00: Grand Duchy of Luxembourg v Commission of the European Communities (Clearance of accounts — EAGGF — 1996 to 1998 financial years — Arable crops — Procedure to be followed by the Commission)
Date: 2002-07-27
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Luxembourg, action for annulment (EU), national expenditure

C 180/4

EN

Official Journal of the European Communities

27.7.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 13 June 2002

(Fifth Chamber)

of 6 June 2002

in Case C-158/00: Grand Duchy of Luxembourg v Com-
mission of the European Communities (1)

in Case C-159/00 (Reference for a preliminary ruling from
the Cour de cassation): Sapod Audic v Eco-Emballages
SA (1)

(Clearance of accounts — EAGGF — 1996 to 1998 financial
years — Arable crops — Procedure to be followed by the
Commission)

(2002/C 180/06)

(Language of the case: French)

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

In Case C-158/00, Grand Duchy of Luxembourg (Agent:
M. F. Hoffstetter, assisted by R. Nothar) v Commission of the
European Communities (Agents: P. Oliver and G. Berscheid):
Application for partial annulment of Commission Decision
2000/216/EC of 1 March 2000 excluding from Community
financing certain expenditure incurred by the Member States
under the Guarantee Section of the European Agricultural
Guidance and Guarantee Fund (EAGGF) (OJ 2000 L 67, p. 37),
in so far as it excluded from Community financing, for the
1996 to 1998 ;financial years, expenditure of LUF 56 106 800
;incurred by the Grand Duchy of Luxembourg in the arable
crops sector, the Court (Fifth Chamber), composed of: P. Jann,
(Rapporteur),
President of
the Chamber, S. von Bahr
D.A.O. Edward, A. La Pergola and M. Wathelet,
Judges;
A. Tizzano, Advocate General; R. Grass, Registrar, has given a
judgment on 13 June 2002, in which it:

1. Annuls Commission Decision 2000/216/EC of 1 March
2000 excluding from Community financing certain expenditure
incurred by the Member States under the Guarantee Section of
the European Agricultural Guidance Fund (EAGGF), in so far
as it excludes from Community financing expenditure incurred
by the Grand Duchy of Luxembourg in the arable crops sector
prior to 26 May 1996;

2. Dismisses the remainder of the application;

3. Orders each of the parties to bear its own costs.

(1) OJ C 176 of 24.6.2000.

(Directive 83/189/EEC — Procedure for the provision of
information in the field of technical standards and regu-
lations — Obligation to communicate draft technical regu-
lations — Directives 75/442/EEC and 91/156/EEC — Waste
— Obligation to make notification of planned measures —
National regulations on disposal of packaging waste —
Obligation on producers or importers to identify packaging
to be disposed of by an approved undertaking — Obligation
on the approved undertaking to ensure that packaging for
which it is responsible meets technical requirements)

(2002/C 180/07)

(Language of the case: French)

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

In Case C-159/00: Reference to the Court under Article 234
EC by the Cour de Cassation (France) for a preliminary ruling
in the proceedings pending before that court between Sapod
Audic and Eco-Emballages SA on the interpretation of
Articles 1 and 10 of Council Directive 83/189/EEC of 28 March
1983 laying down a procedure for the provision of information
in the field of technical standards and regulations (OJ 1983
L 109, p. 8), as amended by Council Directive 88/182/EEC of
22 March 1988 (OJ 1988 L 81, p. 75), Article 3(2) 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), and Article 30 of
the EC Treaty (now, after amendment, Article 28 EC), the
Court (Fifth Chamber), composed of: P. Jann, President of the
Chamber, S. von Bahr and C.W.A. Timmermans (Rapporteur),
Judges; F.G. Jacobs, Advocate General; H. von Holstein, Deputy
Registrar, has given a judgment on 6 June 2002, in which it
has ruled:

1. A provision of national law such as the second paragraph of
Article 4 of Decree No 92-377 of 1 April 1992 implementing,
in respect of packaging waste, Law No 75-633 of 15 July
1975 relating to the disposal of waste and the recovery of
materials, as amended, could constitute a technical regulation
within the meaning of Council Directive 83/189/EEC of
28 March 1983 laying down a procedure for the provision of
information in the field of technical standards and regulations,
as amended by Council Directive 88/182/EEC of 22 March
1988, only if the national court were to hold that it had to be
interpreted as requiring a mark or label to be applied.