Case C-375/02: Action brought on 18 October 2002 by the Commission of the European Communities against the Italian Republic
Date: 2002-12-07
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, environmental protection, storage of waste, waste disposal, waste management, waste recycling

C 305/16

EN

Official Journal of the European Communities

7.12.2002

Action brought on 15 October 2002 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-370/02)

(2002/C 305/28)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
15 October 2002 by the Commission of
the European
Communities, represented by Claire-Françoise Durand and
Minas Konstantinidis, acting as Agents, with an address for
service in Luxembourg.

The applicant claims that the Court should:

(1) declare that, by failing to adopt all the laws, regulations
and administrative measures necessary in order to comply
with Council Directive 1999/31/EC of 26 April 1999 on
the landfill of waste (1), and by failing, in any event, to
communicate such measures to the Commission, the
Kingdom of Belgium has failed to fulfil its obligations
under that directive;

(2) order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The time-limit for transposition expired on 16 July 2001. As
regards the Region of Wallonia, the Kingdom of Belgium has
still not adopted the measures necessary to comply with the
directive or, at all events, has not communicated those
measures to the Commission.

( 1) OJ L 182 of 16.7.1999, p. 1.

Reference for a preliminary ruling by the Svea Hovrätt
by order of that Court of 14 October 2002 in the case of
Björnekulla Fruktindustrier Aktiebolag against Procordia
Food Aktiebolag

(Case C-371/02)

(2002/C 305/29)

In cases where a product is handled at several stages before it
reaches the consumer what is or are, under Article 12(2)(a) of
the Trade Mark Directive (1), the relevant class or classes of
persons for determining whether a trade mark has become the
common name in the trade for a product in respect of which
it is registered?

(1) First Council Directive 89/104/EEC of 21 December 1988 to
approximate the laws of the Member States relating to trade
marks (OJ L 40 of 11.2.1989, p. 1).

Action brought on 18 October 2002 by the Commission
of the European Communities against the Italian Republic

(Case C-375/02)

(2002/C 305/30)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 18 October
2002 by the Commission of the European Communities,
represented by Minas Konstantinidis and Roberto Amorosi,
acting as Agents.

The applicant claims that the Court should:

1.

declare that, by failing to adopt the necessary measures
to ensure that waste deposited in the disposal sites at
Castelliri (Frosinone) is recovered or disposed of without
endangering human health and without using procedures
or methods which could harm the environment, and by
failing to adopt the measures necessary to ensure that the
holder of waste deposited in the disposal sites at Castelliri
(Frosinone) has such waste handled by a private or public
collector or an undertaking carrying out the operations
provided for in Annex II A or II B to Directive 75/442/
EEC (1), as amended by Directive 91/156/EEC (2), or
himself recovers or disposes of such waste, the Italian
Republic has failed to fulfil its obligations under Articles 4
and 8 of that directive;

2.

order the Italian Republic to pay the costs.

Reference has been made to the Court of Justice of the
European Communities by order of the Svea Hovrätt (Svea
Court of Appeal) of 14 October 2002, received at the Court
Registry on 16 October 2002, for a preliminary ruling in
the case of Björnekulla Fruktindustrier Aktiebolag against
Procordia Food Aktiebolag on the following question:

The first paragraph of Article 4 of the directive provides that
Member States are to adopt the necessary measures to ensure
that waste is recovered or disposed of without endangering
human health and without using processes or methods which

Pleas in law and main arguments

7.12.2002

EN

Official Journal of the European Communities

C 305/17

could harm the environment, and in particular without risk to
water, air, soil and plants and animals, without causing a
nuisance through noise or odours and without adversely
affecting the countryside or places of special interest.

2002, received at the Court Registry on 23 October 2002, for
a preliminary ruling in the case of Association Comité
économique régional agricole fruits et légumes de Bretagne
(CERAFEL) against François Faou and GAEC de Kerlidou on
the following question:

In the present case, the Italian Republic has not adopted any
appropriate measure to ensure that waste deposited in the Via
Granciara disposal site in Castelliri is recovered or disposed
of without endangering human health and without using
procedures or methods which could harm the environment.
its obligations under
Consequently,
Article 4 of the directive.

it has failed to fulfil

Article 8 of the directive provides that Member States are to
ensure that any holder of waste has it handled by a private or
public waste collector or by an undertaking which carries out
the operations listed in Annex II A or B of the directive, or
recovers or disposes of it himself in accordance with the
the owners or
provisions of the directive. To that end,
managers of disposal sites are regarded as holders within the
meaning of Article 8.

The Italian Republic has failed to adopt the necessary measures
to ensure that the holder of waste deposited in the disposal
site at Castelliri
(Frosinone) has such waste handled by a
private or public collector or an undertaking carrying out the
operations provided for in Annex II A or II B to the directive.
Consequently,
its obligations under
Article 8 of the directive.

it has failed to fulfil

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

Can a Member State, without infringing the principle of non-
discrimination, apply Article 15b(1) and (8) of Regulation
(EEC) No 1035/72 of the Council of 18 May 1972 (1) by
making certain production and marketing rules mandatory for
producers who are established in the district of a Board and
who are not members of it and by making them liable for all
or part of the fees paid by member producers, without
distinguishing according to whether or not those non-member
producers are part of a production sector regulated by law,
which, as in the case of the organic production sector, would
make the Board’s measures irrelevant or of merely occasional
and marginal interest for them.

(1) Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on
the common organization of the market in fruit and vegetables
(OJ L 118 of 20.5.1972, p. 1).

Action brought on 24 October 2002 by the Commission
of the European Communities against the Italian Republic

(Case C-383/02)

(2002/C 305/32)

Reference for a preliminary ruling by the Cour d’appel de
Caen, chambres réunies by judgment of that Court of
17 October 2002 in the case of Association Comité
économique régional agricole fruits et
légumes de
Bretagne (CERAFEL) against François Faou and GAEC de
Kerlidou

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 24 October
2002 by the Commission of the European Communities,
represented by Minas Konstantinidis and Roberto Amorosi,
acting as Agents.

(Case C-381/02)

(2002/C 305/31)

Reference has been made to the Court of Justice of the
European Communities by judgment of the Cour d’appel de
Caen (Court of Appeal, Caen) chambres réunies of 17 October

The applicant claims that the Court should:

1.

declare that, by failing to adopt the necessary measures
to ensure that waste deposited in the disposal sites at
Rodano (Milan)
is recovered or disposed of without
endangering human health and without using procedures
or methods which could harm the environment, and by
failing to adopt the measures necessary to ensure that the
holder of waste deposited in the disposal sites at Rodano
(Milan) has such waste handled by a private or public
collector or an undertaking carrying out the operations